Courts around the country have held that individuals cannot be sued for calling out the views of others as racist, fascist, homophobic, radical, or sexist. As we and the Center for Constitutional Rights explained in a friend-of-the-court brief we submitted last week in support of SPLC, such statements of opinion criticizing hateful or bigoted views lie at the core of First Amendment protection. They enable us to express ourselves (including our disgust), they animate our political discussion, and they offer us a tool to persuade others. For debate on political issues to flourish, we must be able to express our views about the prejudices of others without fearing that a defamation lawsuit could arise from our words.
