Words that Wound: Critical Race Theory, Assaultive Speech, and the First Amendment
Westview Press, 1993 - Law - 160 pages
Words, like sticks and stones, can assault; they can injure; they can exclude. In this important book, four prominent legal scholars from the tradition of critical race theory draw on the experience of injury from racist hate speech to develop a first amendment interpretation 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 while racist and sexist verbal assaults are not.The rising tide of verbal violence on college campuses has increased the intensity of the “hate speech” debate. This book demonstrates how critical race theory can be brought to bear against both conservative and liberal ideology to motivate a responsible regulation of hate speech. The impact of feminist theory is also evident throughout. The authors have provided a rare and powerful example of the application of critical theory to a real-life problem.This timely and necessary book will be essential reading for those experiencing the conflicts of free-speech issues on campus—students, faculty, administrators, and legislators—as well as for scholars of jurisprudence. It will also be a valuable classroom tool for teachers in political science, sociology, law, education, ethnic studies, and women’s studies.
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The Victims Story
Narrow Application and Protection of First Amendment Values
The Meaning of Legal Protection
Regulating Racist Speech on Campus
Racist Speech as the Functional Equivalent of Fighting Words
Which Side Are We On?
Epithets and Name Calling Richard Delgado
Beyond Racism and Misogyny Black Feminism
Representational Intersectionality and Images That Wound
Burning Crosses and the R A V Case
About the Rook and Authors
A Case About
acts African-American amendment American anti-Semitic argue argument assaultive speech attack Black feminist Black male Black women campus cause civil libertarians civil rights constitutional context critical race theory cross burning cultural damages debate defamation defendant discourse discrimination doctrine dominant emotional distress experience expression fighting words fighting words doctrine forms of racist free speech freedom harassment harm hate groups hate speech hatred historical humor images incidents incitement individuals inferiority injury interests intersectionality issues Klan law school liberty Live Crew marketplace of ideas minority misogyny nigger obscenity oppression 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 stereotypes story subordination suggest supra note targets threat tort tort for racial U.S. position University values victims violence against women white supremacy women of color
Page 26 - ... with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in Article 5 of this Convention inter alia: (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin...
Page 103 - ... compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
Page 29 - The Constitution of the United States contains provisions for the protection of individual rights, such as the right of free speech, and nothing in the Convention shall be deemed to require or to authorize legislation or other action by the United States of America incompatible with the provisions of the Constitution of the United States of America.
Page 62 - States; and it is assumed that the power vested in congress to enforce the article by appropriate legislation, clothes congress with power to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States...
Page 26 - Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, Including the financing thereof; (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and...
Page 100 - ... possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
Page 26 - All propaganda and organizations based on ideas or theories of the superiority of one race or group of persons of one colour or ethnic origin with a view to justifying or promoting racial discrimination in any form shall be severely condemned.
Page 64 - Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.
Page 29 - Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere...