Words That Wound: Critical Race Theory, Assaultive Speech, And The First Amendment

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Routledge, Mar 8, 2018 - Social Science - 160 pages
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In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.
 

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Contents

1 Introduction
1
Considering the Victims Story
17
Regulating Racist Speech on Campus
53
A Tort Action for Racial Insults Epithets and Name Calling
89
Black Feminism and 2 Live Crew
111
Burning Crosses and the RAV Case
133
Notes
137
Bibliography
147
About the Book and Authors
153
Index
155
Copyright

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About the author (2018)

Richard Delgado, Kimberle Williams Crenshaw

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