Article: Difference through a new lens: First amendment legal realism and the regulation of hate speech

Richard Abel, Speaking Respect, Respecting Speech. Chicago: Univ. of Chicago Press, 1998. x + 380 pages. $30 cloth, $21 paper.

Richard Delgado and Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, and the New First Amendment. New York: Basic Books, 1997. xii + 224 pages. $45 cloth, $29 paper.

Move over critical legal studies and critical race studies, the First Amendment legal realists are here. In two recent books, Richard Abel's Speaking Respect and Richard Delgado and Jean Stefancic's Must We Defend Nazis? the authors take the mantle from such colleagues as Stanley Fish and Mari Matsuda in critiquing a First Amendment jurisprudence that they believe is intellectually ...

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