HSF Briefs

Helen Suzman Foundation | Apr 08, 2015
Sorted by date
Regulating Race-Related Expression: Outlining a conceptual framework
Jan 26, 2016
|
Matthew Kruger

Discussions about issues relating to race are often marred by little awareness of some of the more important differences between different forms of race-related expression. The conflation of concepts tends to generate much unnecessary disagreement on important practical and policy-related issues. With this in mind, I try to do three things in this three-part brief. First, I distinguish three forms of race-related expression: hate-speech, racism and hatred. Second, I outline how the Constitution deals with efforts to regulate each form of expression. Third, I consider four hypothetical examples of race-related expression, for the sake of illustrating the conceptual framework outlined in Part I of this brief, and suggesting how each might be regulated in a manner that is consistent with the points made in Part II of this brief.