Hate Speech Prosecution In Montana

The prosecutor’s office in Flathead County, Montana (where Kalispell is located) is arguing that speech that exposes Jews — or other religious, racial, and other groups — “to hatred, contempt, ridicule, degradation, or disgrace” is criminally punishable, unless it consists of true factual statements. As the Montana criminal defamation statute is worded, this means that hatred-inducing opinions are criminally punishable, too. Yes, this is that extraordinarily rare thing: an American prosecution for “hate speech” (State v. Lenio). The First Amendment doesn’t allow that.

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