Hate Speech, Sex Speech, Free Speech

By Nicholas Wolfson | Go to book overview
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Jürgen Habermas, The Philosophical Discourse of Modernity 280-1 ( Frederick G. Laurence, trans., 1987).
Id. at 281.
Buckley v. Valeo, 424 U.S.1, 48 ( 1976).
Austin v. Michigan Chamber of Commerce, 494 U.S.652, 689 ( 1990) ( Scalia, J., dissenting).
Michael Novak, The Spirit of Democratic Capitalism 124 ( 1982).
Albert Levi, in John Stuart Mill, On Liberty ( D. Spitz, ed., 1975) at 196.
Robert C. Post, Racist Speech, Democracy, and the First Amendment in Speaking of Race, Speaking of Sex146 ( 1994).
See e.g., Mari J. Matsuda, Public Response to Racist Speech: Considering the Victim's Story 87 Mich. L. Rev. 2320 ( 1989).
Some have argued that Brown v. Board of Education, 347 U.S.483 ( 1954), justifies censorship of private racist speech. That case, it is said, established a principle of racial equality that encompasses speech. However, Brown forbade state racist conduct, not private speech. To conflate speech with conduct, and governmental action with private speech, is a fundamental error. Even if Brown implicitly forbade government racist speech, it cannot forbid private racist speech. Nadine Strossen, Regulating Racist Speech on Campus: A Modest Proposal, 1990 Duke L.J. 484, 542-7.
United States v. Eichman, 110 S. Ct. 2404, 2409-10 ( 1990) (cite omitted).
Richard J. Neuhaus, The Naked Public Square: Religion and Democracy in America ( 1984).
Id. at 45.
Id. at ch. 3.
Id. at 35.
Richard Halloran, "Hawaii Journal: Rare Storm over Race Ruffles a Mixed Society", N.Y. Times, Dec. 26, 1990, at A20.
Matsuda, supra note 8, at 2361-4.
Id. at 2361.


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