North Country GazetteINSIDE THE FIRST AMENDMENT
By Charles C. Haynes
First Amendment Center
Nevertheless, Christian conservatives claim H.R. 1592 would weaken that protection by potentially criminalizing speech against homosexuality. They argue, for example, that the law could be used to prosecute a minister who preaches a strong sermon condemning homosexuality if someone in the pews goes out and commits a hate crime against homosexuals.
But unless the minister, in a manner likely to incite imminent lawless action, directs people to commit violence – speech that isn't protected by the First Amendment now – it's difficult to see how this law would restrict what is said from the pulpit, however strongly stated.
Moreover, the danger of hate-crimes laws to free expression isn't supported by our experience of living under such laws.