The Economy of Citizenship
University of California, Irvine School of Law
Temple Law Review, Vol. 76, No. 2, Summer 2003
Minnesota Legal Studies Research Paper No. 10-43
This article analyzes the economy of citizenship. It explores the legal treatment and social power of hate speech that beomes fixed in our cultural lexicon. Hate speech may be spoken with authority, but do the words also have legal power? Within the law, does hate speech differ from a cross burning? Should it? In this article, I argue that the force of words, like burning crosses (as analyzed by the Rehnquist Supreme Court), has much to do with their power to evoke psychological meanings. This power alone might offer limited room for legal analysis, but might help us to understand profiling, crimes and hoaxes, and sexual politics.
Number of Pages in PDF File: 91
Keywords: Citizenship, Hate Speech, Segregation, Integration, Sexuality
JEL Classification: J100, J7, Z00Accepted Paper Series
Date posted: January 31, 2007 ; Last revised: September 25, 2010
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