Ka. Gross et Dr. Kinder, A COLLISION OF PRINCIPLES - FREE EXPRESSION, RACIAL EQUALITY AND THE PROHIBITION OF RACIST SPEECH, British journal of political science, 28, 1998, pp. 445-471
Freedom of expression is celebrated as one of the glories of the Ameri
can political system. But does all speech deserve immunity? In particu
lar, should speech designed to vilify or degrade on the basis of race
be protected? Opinions on racist speech are complicated because they m
ust accommodate two fundamental democratic principles that operate at
cross purposes: freedom of expression, which implies support for racis
t speech, and racial equality, which implies the opposite. Using data
from the 1990 General Social Survey, we examine how Americans resolve
this conflict. Our major Ending is that the principle of free expressi
on dominates the principle of racial equality. What contemporary legal
scholars regard as a hard case entailing a collision of democratic pr
inciples, ordinary Americans seem to interpret as a straightforward ap
plication of just a single principle. This result mirrors and perhaps
reflects a nearly century-long and mostly lop-sided debate favouring f
ree speech among American elites.