The following investigations juxtapose jurisprudence and communication
literatures to examine under what conditions racist speech is perceiv
ed as harmful. Specifically, one theory of legal liability, the tort o
f intentional infliction of emotional distress, and one intergroup app
roach, social identify theory, guided three empirical studies investig
ating verbally disturbing communication targeted at Asian Americans. T
he studies examined how the attribution of harm was influenced by vari
ables such as group membership, message severity, message explicitness
and the medium of presentation. One finding in particular, an interac
tion between group membership and message explicitness (direct vs. ind
irect), emerged across the three studies. Results revealed that as ''o
bjective'' evaluators of deprecating speech, out-group members attribu
ted the direct messages of racism to be more harmful than in-group mem
bers did, but, conversely, in-group members evaluated the indirect mes
sages of racism to be more harmful than the out-group members did. The
oretical explanations for this finding and its resulting legal implica
tions are discussed.