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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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