Preface

Acknowledgments

PART I The Opening Salvo: Naming the Harm

Words That Wound

How Racist Hate Speech Harms the Victim. Law's Earliest Responses

Pornography and Harm to Women

How Even Social Scientists Have Sometimes Failed to See the Need for Relief

PART II The Assault on the Citadel: Legal Realism Shakes Up Orthodoxy

First Amendment Formalism Is Giving Way to First Amendment Legal Realism

Campus Anti-Racism Rules: Constitutional Narratives in Collision

Or, Why There Are Always Two Ways of Looking at a Speech Controversy

Images of the Outsider

Why the First Amendment Marketplace Cannot Remedy Systemic Social Ills. Social Science and Narrative Theory Are Questioning Faith in the Freemarket of Ideas

PART III Retreat to Policy Analysis: ``Even if What the Crits Say Is So...''

Paternalistic Arguments against Hate-Speech Rules

Pressure Valves and Bloodied Chickens. The Liberals' Response to the Crumbling of Certainty

The Toughlove School

Neoconservative Arguments against Hate-Speech Regulation. (``I just Let It Roll Off My Back'')

``But America Wouldn't Be America Anymore''

The Experience of Other Countries Shows That Adopting Hate-Speech Rules Would Not Cause the Skies to Fall; America Would Be Even More American

PART IV ``From Where I Sit''---The Special Problems of Judges and Progressive Lawyers

Hateful Speech, Loving Communities

Why Judges Are Sometimes Slower than Others at Seeing the Need for Reform

``The Speech We Hate''

The Romantic Appeal of First Amendment Absolutism. Does Defending Nazis Really Strengthen the System of Free Speech?

Notes

Index