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'That's his political opinion' | Experts break down legality behind Sevier County commissioner's offensive remarks

Homophobic and racist remarks from a Sevier County commissioner have equality groups calling for him to resign and local leaders condemning the comments.

Homophobic and racist remarks from a Sevier County commissioner have equality groups calling for him to resign and local leaders condemning the comments.

In part commissioner Warren Hurst said, "We got a queer running for president. If that ain't about as ugly as you can get."

He went on to say there were better people in the Sevier County jail than those running for president and that "a white male in this country has very few rights and they're getting took more every day."

RELATED: Group calls on Sevier County commissioner to resign after comments about gays, white people

The United States is likely the most speech-protected nation in the world, according to Lincoln Memorial University law professor Stewart Harris. 

He said while Hurst's comments were hateful to many people, you can't use the mechanisms of government to suppress them. 

"The only remedy for speech in which you vehemently disagree is more speech rather than less speech," said Harris. "No matter how much you vehemently disagree with this gentleman, that's his political opinion."

A Tennessee Equality Project spokesperson said the comments "hurt everyone within the community," but no matter how hurtful, Harris said it falls under free speech. 

"When you're talking about an elected public official expressing his opinion, it's the most protected form of speech there is. Under the First Amendment --  we call this core political speech."

Harris said there is no such thing as 'hate speech' under the First Amendment, but there is hateful speech. 

"The idea that the government, through the court system for example, could suppress this speech, that just doesn't work under our First Amendment."

While Hurst's words are free speech, Knoxville City Council attorney Rob Frost says elected officials should be held to higher standards.

"Remember you're representing a whole lot of people. When you're an elected official, you represent everyone. Even those who voted against you, even those you disagree with. You've gone from being who you are personally to helping represent everyone," said Frost. 

For those that disagree with the remarks, Harris said the only remedy is to counter it and respond to it, which many are already doing. 

"The fact that speech is constitutionally protected does not mean that it's without consequence," said Harris. 

Aside from numerous statements released against the remarks, a protest is planned for the next Sevier County Commission meeting November 18.

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