19 Pages Posted: 1 Jun 2010 Last revised: 10 Jul 2013
Date Written: 2009
This article examines the circumstances of contemporary racist expression in the United States. It discusses various locales for racist speech and the impact of such speech on individuals. In the second section, the article addresses American jurisprudence on hate speech, in particular, the limits on regulation posed by marchers, by hate speech codes and by cross burning. The final section of the article addresses comparative approaches to dealing with racist speech and compares the US approach with that taken by several European countries.
Keywords: First Amendment, Race, Hate Speech, Constitutional Law, Racist Speech, Racism, Injury, Harm
Suggested Citation: Suggested Citation
Bell, Jeannine, Restraining the Heartless: Racist Speech and Minority Rights (2009). Indiana Law Journal, Vol. 84, No. 3, 2009; Indiana Legal Studies Research Paper No. 166. Available at SSRN: https://ssrn.com/abstract=1618848