Cruz says First Amendment ‘absolutely protects hate speech’ in wake of Charlie Kirk killing

Sen. Ted Cruz (R-Texas) defended constitutional protections for hate speech in the aftermath of the fatal shooting of conservative organizer Charlie Kirk.

In an interview with POLITICO’s Rachael Bade, Cruz said people who engage in hate speech are not “immune from the consequences of your speech,” expressing support for companies that have taken disciplinary action against employees for speaking negatively of Kirk.

"The First Amendment absolutely protects speech,” Cruz said Tuesday at POLITICO’s AI & Tech Summit in Washington. “It absolutely protects hate speech. It protects vile speech. It protects horrible speech. What does that mean? It means you cannot be prosecuted for speech, even if it is evil and bigoted and wrong.”

At the same time, Cruz endorsed “naming and shaming” as “part of a functioning and vibrant democracy,” citing English philosopher John Stuart Mill’s famous axiom that free and plentiful expression is the best antidote to undesirable speech.

"We have seen, as you noted, across the country, people on the left — not everybody, but far too many people — celebrating Charlie Kirk's murder,” Cruz said. “We've seen teachers in high schools and elementary schools posting online, celebrating. We've seen university professors posting. In my view, they should absolutely face the consequences for celebrating murder."

The senator lauded Kirk, who he described as a friend, for being willing to engage in civil debate.

Numerous individuals have been targeted online for making disparaging posts about Kirk, leading to firings in higher education, media and other industries. The Pentagon has also vowed to discipline service members who “celebrate or mock” Kirk’s killing.

Cruz also defended Attorney General Pamela Bondi, who said law enforcement would “absolutely target you, go after you, if you are targeting anyone with hate speech.” Cruz said those comments had been “misconstrued.”

In a Tuesday morning statement posted to social media, Bondi clarified that “hate speech that crosses the line into threats of violence is NOT protected by the First Amendment.”

Cruz said while he was glad to see social media companies attempt to block the video of Kirk’s killing but added that the companies should “allow free speech,” echoing earlier comments by Federal Communications Commission Chair Brendan Carr who told POLITICO’s Alex Burns that the government should not crack down on social media posts about Kirk.