Hateful Speech, Loving Communities: Why Our Notion of 'A Just Balance' Changes So Slowly

17 Pages Posted: 9 Jul 2012

See all articles by Richard Delgado

Richard Delgado

Seattle University School of Law

Jean Stefancic

Seattle University School of Law

Date Written: July 1, 1994

Abstract

Identifies one reason why proponents of hate-speech regulation encounter resistance -- often, it is the stubborn manner in which we frame the two core values at stake, equal dignity and freedom of speech. Illustrates the shortcomings of judicial balancing as a way of resolving the tensions between these two opposing values. Uses narrative theory to show how society prevents canonical ideas and social structures from undergoing rapid change. Explores routes that reformers may take that may circumvent these obstacles.

Keywords: hate speech, First Amendment, freedom of speech, constitutional balancing, judicial reasoning

Suggested Citation

Delgado, Richard and Stefancic, Jean, Hateful Speech, Loving Communities: Why Our Notion of 'A Just Balance' Changes So Slowly (July 1, 1994). California Law Review, Vol. 82, 1994, Seattle University School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2102731

Richard Delgado (Contact Author)

Seattle University School of Law ( email )

WA
United States

Jean Stefancic

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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