Frank Nez 
In a pointed rebuke during a New York Law School panel on Tuesday, September 10, 2025, Supreme Court Justice Sonia Sotomayor criticized proposals to criminalize hate speech, implying a failure of legal education for those advocating such measures.
The remarks, reported by The Daily Beast, came amid backlash against Attorney General Pam Bondi’s announcement that the Justice Department would target “hate speech” investigations following the assassination of conservative activist Charlie Kirk.
Sotomayor’s comments, which did not name Bondi directly but aligned with criticisms of her stance, have reignited debates over free speech protections under the First Amendment, especially as President Donald Trump suggested the policy could be used against media outlets like ABC News.
Sotomayor’s Critique of Hate Speech Crackdown
Sotomayor, 71, a Yale Law School graduate and the first Hispanic Supreme Court justice, told the audience at the panel, “Every time I listen to a lawyer-trained representative saying we should criminalize free speech in some way, I think to myself, that law school failed.”
Her statement underscored concerns that efforts to regulate hate speech undermine constitutional safeguards.
The justice’s words were seen as a veiled reference to Bondi’s recent push, which has drawn fire from free speech advocates, including the late Charlie Kirk, a self-described “free speech absolutist” who opposed such laws.
The panel discussion, focused on the balance between free expression and public safety, highlighted Sotomayor’s long-standing defense of First Amendment rights.
In her 2023 dissent in Counterman v. Colorado, she emphasized the need for clear standards in speech restrictions, warning against overbroad definitions of threats.
Sotomayor’s remarks come at a time when the Trump administration faces accusations of eroding civil liberties, including threats to revoke media licenses and deploy National Guard troops in domestic policing roles.
Bondi’s Proposal and Kirk’s Assassination
Bondi, 59, a Stetson Law School alumna and Trump’s Attorney General, announced on Monday, September 9, 2025, during a podcast with Katie Miller that the Justice Department would enforce hate speech investigations, particularly in response to online celebrations of Charlie Kirk’s assassination.
“There’s free speech and then there’s hate speech, and there is no place, especially now, especially after what happened to Charlie, in our society,” Bondi said, adding, “We will absolutely target you, go after you, if you are targeting anyone with hate speech.”
Kirk, 32, a prominent conservative commentator and founder of Turning Point USA, was assassinated in an attack that shocked the political world.
In a 2023 X post, Kirk wrote, “Hate speech does not exist legally in America. There’s ugly speech. There’s gross speech. There’s evil speech. And ALL of it is protected by the First Amendment. Keep America free.”
His stance has been invoked by critics, including right-wing commentator Matt Walsh, who called Bondi’s plans “outrageous and infuriating,” arguing they misalign with Kirk’s views and could derail efforts to combat leftist celebrations of the killing.
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Trump’s Defense and Media Tensions
President Trump defended Bondi during an interaction with ABC News reporter Jonathan Karl on Tuesday, September 10, suggesting the policy could target media outlets.
“She’d probably go after people like you, because you treat me so unfairly. It’s hate. You have a lot of hate in your heart,” Trump said.
He added, “Maybe they’ll come after ABC. Well, ABC paid me $16 million recently for a form of hate speech, right?
Your company paid me $16 million for a form of hate speech, so maybe they’ll have to go after you,” referencing a 2024 defamation settlement with ABC.
Trump’s comments align with his history of attacking the press, including threats to revoke ABC and NBC licenses for “biased” coverage.
The administration’s broader agenda, including mass deportations and economic tariffs, has faced backlash, with Trump’s approval rating at 39%, per Newsweek.
Bondi’s proposal, while aimed at curbing online vitriol following Kirk’s death, risks chilling protected speech, as Kirk himself advocated.
The controversy has deepened GOP divisions, with figures like Walsh criticizing Bondi for missing the point in fighting leftist rhetoric.
As the 2026 midterms approach, the debate over hate speech could polarize voters, with Trump’s administration balancing security concerns against civil liberties.
The policy’s vagueness may invite legal challenges, testing the boundaries of free expression in an era of heightened political tension.
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