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. |
Contents
Introduction Charles R Lawrence III MariJ Matsuda Richard | |
Critical Race Scholars Enter the First Amendment Debate | |
Considering the Victims | |
of the Victims Story | |
The Civil | |
Racist Hate Messages | |
Regulating Racist Speech | |
A TortAction for Racial Insults Epithets | |
Legal Protection from Racial Insults | |
Black Feminism and 2 Live | |
Controversy | |
Burning Crosses and the R A V Case MariJ | |
Bibliography | |
About the Book and Authors | |
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Common terms and phrases
action acts African-American American argue argument assaultive speech Black feminist Black male Black women campus civil libertarians civil rights constitutional context Crew’s Critical Legal Studies critical race theory cross burning cultural debate defamation defendant discourse doctrine dominant emotional distress experience expression fighting words fighting words doctrine forms of racist free speech freedom harassment harm hate speech hatred humor images incidents incitement individuals infliction of emotional injury intentional infliction intersectionality Klan Law Review Law School liberty Live Crew Matsuda minority Minority Law misogyny nigger obscenity one’s person plaintiff political prosecution psychological race and gender racial insults racial slurs racist hate messages racist hate propaganda racist speech rape recognize regulation of racist response to racist Richard Delgado segregation sexual social society Stanford stereotypes subordination supra note Supreme Court targets tort tort for racial U.S. position University values victims violence against women white supremacy women of color