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Full-Text Articles in Law
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas Schweitzer
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas Schweitzer
Thomas A. Schweitzer
No abstract provided.
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
Publications
Under what circumstances should we understand government's racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties' discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court's government speech doctrine--which to date has emphasized the value of government expression without …