Toward a Legal Realist View of the First Amendment

21 Pages Posted: 9 Jul 2012

See all articles by Richard Delgado

Richard Delgado

Seattle University School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: January 2000

Abstract

Posits that First Amendment law has circumvented the reforms of legal realism by persisting in a mechanical jurisprudence that values formalistic rules at the expense of policy and context. Analyzes a recent text that recommends higher levels of First Amendment protection when speech takes the form of dissernt. Discusses how this dissent-based approach to the First Amendment has merit, particularly in connection with hate speech. Urges a number of practical solutions to the problems inherent in regulating this form of low-value speech.

Keywords: legal realism, freedom of speech, hate speech, First Amendment, critical race theory

Suggested Citation

Delgado, Richard, Toward a Legal Realist View of the First Amendment (January 2000). Harvard Law Review, Vol. 113, 2000, Seattle University School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2102689

Richard Delgado (Contact Author)

Seattle University School of Law ( email )

WA
United States

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