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27 Ariz. St. L.J. 1281 (1995)
The Speech We Hate: First Amendment Totalism, the ACLU, and the Principle of Dialogic Politics

handle is hein.journals/arzjl27 and id is 1291 raw text is: The Speech We Hate: First Amendment Totalism, the ACLU, and the Principle of Dialogic Politics Richard Delgado* & David Yun** PREAMBLE The two of us were pleased to read Professor Charles Calleros' article, Paternalism, Counterspeech, and Campus Hate-Speech Codes: A Reply to Delgado and Yun, which the Arizona State Law Journal editors were kind enough to advance. Responding to two articles of ours, one in California's and the other in Vanderbilt's law review, both arguing for limitations on hate speech against racial and sexual minorities and women, Professor Calleros charges that we have given inadequate attention to counterspeech as a possible remedy. Citing examples from Stanford and his own university, Calleros shows how talking back in an effort to raise consciousness empowered the minority victims of hate speech and educated the campus community-all this without resorting to constitutionally troublesome and heavy-handed disciplinary procedures. Nothing that we said in either of the two articles causes us to disagree with Professor Calleros. Talking back sometimes works. We would just note two reservations. The first is that the talking back solution puts the onus on young minority undergraduates to redress the harm of hate speech. This is a burden to them, one they must shoulder in addition to getting their own educations. In other words, in addition to educating themselves, they must educate the entire campus community, and do so every time a racial incident takes place. Second, it would be a serious mistake for Professor Calleros' readers to generalize from his sunny and optimistic experience. Not every setting is as progressive, supportive, and loving as A.S.U. and Stanford University. Some campuses do not enjoy a strong norm of civility or respect for people * Charles Inglis Thomson Professor of Law, University of Colorado. J.D., University of California-Berkeley, 1974. ** Member of the Colorado Bar. J.D., University of Colorado, 1993. We gratefully acknowledge the suggestions and assistance of Jean Stefancic and Bonnie Kae Grover in preparing this essay.

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