Race, Speech, and Free Speech Law
Mary Kate McGowan · 2019
Abstract This chapter applies the phenomenon of covert exercitives to free speech issues. The main goal is to show that because racist speech in public places enacts discriminatory norms, there is a harm prevention justification for its legal actionability. In the process, the philosophical foundations of a free speech principle are presented. Various justifications for extending special protections to speech are discussed; issues about the scope of a free speech principle are identified, and the conditions for legitimate regulation are presented. Several argumentative strategies for speech regulation are discussed and one is shown to be preferable. The actionability of some racist speech in some public spaces is supported using that strategy.