When Helen Thomas suggested that the Jews should be sent back to Poland or Germany or America, it was her opinion. She said it without any worry that there would be any official sanction from any government entity. The cops were not going to come to her door and arrest her on hate speech charges.
That does not mean it came without consequences. While the government is forbidden to take action, the First Amendment does not forbid private employers from deciding what is appropriate for their employees. Ms. Thomas was asked to retire because her remarks were not condoned by her employer. It might be somewhat different for most of us as we are not high profile, public figures like Ms. Thomas, but I'm sure that if something I said became an embarrassment to my employer, I would face some sort of consequences. Ms. Thomas, now in retirement, can say all that and more if she pleases. The government did not take away that right.
Several years ago, I was working somewhere else. A co-worker and I were on our lunch break, at the break table, discussing some things about WWII. We were both into history and we were talking about Hitler. It was just history and no one could possibly construe our remarks to be in the least bit favorable to Hitler or Nazism, however, someone heard the words "Hitler" and "Nazi" and reported to the manager that he or she was offended. Our manager pulled us aside after break and told us to never talk about Hitler or Nazis again while at work. If so, we would face disciplinary action. End.of.conversation. We weren't real happy about it, but we also knew that the employer, on his property, could mandate what was inappropriate conversation, regardless of how innocuous it might seem.
Congress shall make no law, but your employer generally wasn't elected. Long ago it was established that you have the right to yell "fire" in a crowded theater - so long as you realize that you will probably be arrested for causing a panic.
There is a trend to try and codify what some call "hate speech". It's one thing if your employer fires you over impolitical remarks, but it's another if the government decides it has the right to jail you for them. Obviously, openly advocating violence has always been, and should remain, illegal. If someone wants to stand up and say they want to send all the Jews out of Israel or all the Blacks back to Africa, they have that right. There is no law against it, nor should there be. If that person than turns and says, if they don't go voluntarily, maybe it should be done at the point of a gun, they still haven't crossed the line. But if they actually act upon it or say it in such away that it is clear that they are encouraging others, than we need to do something. It's a fine line, but it's freedom's line.*
That doesn't mean you have to give them a job or keep them employed, it just means as long as it's just talk, they can't be arrested for it. Freedom comes with responsibilities and if you are irresponsible, you may have to pay a price.
*And for the record, I do not advocate sending anyone back to wherever they come from with the exception of those who choose to come here illegally. Just so you don't infer some example I used as something I support.
VW