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-Defining the discussion as one on “free speech” is a link- we learn what abstract ideals of “freedom” means through the law that already defined equality as hostile to freedom. The impact is this establishes a paradigm for how law is interpreted in a way that preserves power dynamics of the status quo. |
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-Richard Delgado and Jean Stefancic, Hateful Speech, Loving Communities: Why Our Notion of a Just Balance Changes so Slowly, 82 Cal. L. Rev. 851 (1994). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol82/iss4/4 |
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-Blacks, women, gays ...status quo prevails |
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-Proponent of 1st amendment claim it is empowering to minorities- this constructs a narrative that ignores the historically selective enforcement to only allow political power from the dominant ideology. |
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-ESSAY II Pressure Valves and Bloodied Chickens: An Analysis of Paternalistic Objections to Hate Speech Regulation Richard Delgado David H. Yun T |
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-Many absolutists and... a similar pattern. |
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-Impartial reading of the provides us with an abstraction from the plights of social exclusion and collapsing the guise of impartiality is key to authorizing repressed voices. |
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-Imrie, Rob, and Huw Thomas. "Law, legal struggles and urban regeneration: rethinking the relationships." Urban Studies 34.9 (1997): 1401-1418. |
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-Indeed, for Blomley...that claim universality. |
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-The Alt is to use the rhetoric of the constitution against itself: |
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-Richard Delgado and Jean Stefancic, Hateful Speech, Loving Communities: Why Our Notion of a Just Balance Changes so Slowly, 82 Cal. L. Rev. 851 (1994). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol82/iss4/4 |
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-Employing Verbal Ju-jitsu...aggressors, after all. |
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-The role of the ballot is to engage in the Foucaultian genealogy of analyzing history to unconcover subjugated knowledge. Any ethical theory that abstracts from historical legacy of the first amendment erases the experiences of blacks and hides oppression. |
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-Medina 11 (José, Associate Professor of Philosophy at Vanderbilt University and Distinguished Chair in the Humanities at the Carlos III University) “Toward a Foucaultian Epistemology of Resistance: Counter-Memory, Epistemic Friction, and Guerrilla Pluralism”, Foucault Studies, October 2011 |
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-The central goal...of forgotten struggles. |