Words That Wound: Critical Race Theory, Assaultive Speech, And The First AmendmentIn 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 | |
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 |
147 | |
About the Book and Authors | 153 |
155 | |
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accept action acts amendment American argue argument assault attack Black Brown called cause chapter civil claim color commitment concern conduct consider constitutional context continue convention court critical race cross cultural damages debate defendant discrimination discussion doctrine dominant effect emotional equal example existing experience expression fighting forms free speech freedom further gender harassment harm hate speech hatred held historical human ideas images important incidents individuals infliction injury institutions intentional interests issues less liberty limited Live Crew meaning minority misogyny obscenity person plaintiff political position practice present principle propaganda protection question racial insults racist hate racist speech reasons recognize regulation requires response result rule segregation sexual social society standard story subordination suggest theory tort tradition understand United University values victims violence women women of color