Race and Free Speech
Erwin Chemerinsky · Oxford University Press eBooks · 2025
Abstract This article explores the complex interplay between race and free speech in American history, highlighting how speech serves both as a catalyst for racial justice and a vehicle for racial harm. It traces the use of free speech in the abolitionist movement, where activists face Southern suppression and federal inaction but ultimately shift national discourse. The article examines how the civil rights movement of the 1950s and 1960s uses speech, protest, and litigation to challenge racial segregation, culminating in landmark Supreme Court cases affirming expressive rights. It also discusses Latinx advocacy, focusing on language rights and anti-immigrant ordinances, and how courts address these challenges. Finally, the article assesses hate speech jurisprudence, underscoring that despite efforts to restrict racist expression, courts consistently protect such speech under the First Amendment unless it constitutes a true threat.