Words That Wound: Critical Race Theory, Assaultive Speech, And The First Amendment

by Mari J. Matsuda, Charles R. Lawrence III, Richard Delgado

Words, like sticks and stones, can assault; they can injure; they can exclude. In this important book, four prominent legal scholars from the tradition of critical race theory draw on the experience of injury from racist hate speech to develop a first amendment interpretation that recognizes such injuries. In their critique of “first amendment orthodoxy,” the authors argue that only a history of racism can explain why defamation, invasion of privacy, and fraud are exempt from free-speech guarantees while racist and sexist verbal assaults are not.The rising tide of verbal violence on college campuses has increased the intensity of the “hate speech” debate. This book demonstrates how critical race theory can be brought to bear against both conservative and liberal ideology to motivate a responsible regulation of hate speech. The impact of feminist theory is also evident throughout. The authors have provided a rare and powerful example of the application of critical theory to a real-life problem.This timely and necessary book will be essential reading for those experiencing the conflicts of free-speech issues on campus—students, faculty, administrators, and legislators—as well as for scholars of jurisprudence. It will also be a valuable classroom tool for teachers in political science, sociology, law, education, ethnic studies, and women’s studies.

Genres: Nonfiction, Politics, Race, Law, Theory, Cultural, Philosophy

171 pages, Paperback

First published June 3, 1993

About the author

Mari J. Matsuda is an American lawyer, activist, and law professor at the William S. Richardson School of Law at the University of Hawaii. She was the first tenured female Asian American law professor in the United States, at University of California, Los Angeles (UCLA) School of Law in 1998 and one of the leading voices in critical race theory since its inception.

Reviews

[Catherine Siemann · Rating 4 out of 5]

An important book, by four scholars from the Critical Race Studies movement, who were at the forefront of the movement to introduce civil and criminal penalties for hate speech. Some of the arguments are extremely compelling and some less so, but when I assigned Matsuda's essay as well as an excerpt from Lawrence's to a class talking about censorship issues, they sparked a good deal of thoughtful commentary and had people looking at their own presuppositions.

[Thomas Cooney · Rating 1 out of 5]

Matsuda is an idiotic purveyor of this country's newfound religion of victimization. This bubble-wrapping of life is doing no one any favors. What a nightmare.

[Michael · Rating 4 out of 5]

A fantastic study of racial slurs that rather effectively argues for legal consequences for racist acts and words.

[Olga Dytyniak · Rating 5 out of 5]

As other readers mentioned, much of this book would appeal to someone with a background in legalese. However, anyone can read the first three and the last chapters and that is what I did. I was so amazed by Kimberle Crenshaw's thinking being 40 years old and all of us just now catching up to it as a society. I am a docent who has been placed on a Diversity, Equity and Inclusion committee at my arts institution. The DEI consultants used this book as their template for our training. It clarifies much of my thinking about the state of the dominant culture in our country, and how hurtful the exclusion of many folks has been. However, The DEI folks have attempted to fix 300 years of problematic culture with lightning immediacy, which creates its own backlash and problems, as demonstrated by the Arts Institute of Chicago firing all of its docent corp for the sin of being "white and wealthy". What the AIC failed to consider was that most docents are not wealthy, just retired folk who wish to contribute in some manner since they cannot afford to do so financially. In addition, it creates another exclusion, that of ageism, as most museum volunteers are past retirement age. DEI changes must be inclusive of all, and made in a thoughtful and measured way. In addition to this book, I recommend "The Toni Morrison Book Club" written by 4 professors of African American Studies who share how our dominant culture has created personal wounds within them. Crenshaw's writings become evident in a very visceral and personal way. I am so glad our culture is finally catching up to Crenshaw. Her time has come. Thank God.

[César Hernández · Rating 2 out of 5]

This book contains a very good intro to critical race theory, but otherwise is so dry that I struggled to get through it.

[As3 Na70 · Rating 5 out of 5]

Freedom of speech indeed should not guarantee “freedom” to hurt the marginalized. The US’ first amendment is dissected from the law expertises and activists, making this book worth reading for social justice movement and struggles in the country.

[Parag · Rating 4 out of 5]

Book says: "Hey! The First Amendment doesn't trump group rights."

Word.

[Nicolita · Rating 5 out of 5]

an imperative read.

[Yuliana · Rating 3 out of 5]

use excerpts from this when I teach.