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.