Colored Speech: Cross Burnings, Epistemics, and the Triumph of the Crits?
59 Pages Posted: 5 Nov 2003
Date Written: October 20, 2003
This Essay examines the Court's recent decision in Virginia v. Black. It argues that Black signifies a different approach to the constitutionality of statutes regulating cross burnings. It shows how the Court's conservatives have essentially accepted the intellectual framework and the mode of analysis suggested previously by the critical race theorists. In particular, this Essay explores the role that Justice Thomas plays in the case. The Essay explains Justice Thomas's active participation as a matter of epistemic authority and epistemic deference.
Keywords: Justice Thomas, cross burning, RAV, Virginia v. Black, epistemic authority, deference, critical race theory
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