Fighting Back: Offensive Speech and Cultural Conflict

26 Pages Posted: 21 Jun 2016 Last revised: 28 Apr 2018

See all articles by Lackland Bloom

Lackland Bloom

Southern Methodist University - Dedman School of Law

Date Written: 1992

Abstract

After briefly reviewing the legal landscape in the area of offensive speech, the author will argue that the courts are quite correct in providing a high degree of protection for offensive speech in spite of the often significant competing interests. Instead of seeking legal regulation, those who take issue with the existence, manner or content of offensive speech should challenge it through counter speech or should seek to curb it through private pressure.

The author will conclude by considering some of the issues that are presented by a strategy of attacking offensive speech with counter speech and social pressure rather than regulation.

Keywords: Offensive speech, First Amendment, Supreme Court decisions, hate speech

Suggested Citation

Bloom, Lackland, Fighting Back: Offensive Speech and Cultural Conflict (1992). SMU Law Review, Vol. 46, No. 1, 1992, Available at SSRN: https://ssrn.com/abstract=2798330

Lackland Bloom (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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