Penn State Law eLibrary Journal Articles Faculty Works 2001 Restricting Hate Speech against Private Figures: Lessons in Power-Based Censorship from Defamation Law Victor C. Romero Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, and the Law and Race Commons Recommended Citation Victor C. Romero, Restricting Hate Speech against Private Figures: Lessons in Power-Based Censorship from Defamation Law, 33 Colum. Hum. Rts. L. Rev. 1 (2001). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact
[email protected]. RESTRICTING HATE SPEECH AGAINST "PRIVATE FIGURES": LESSONS IN POWER-BASED CENSORSHIP FROM DEFAMATION LAW by Victor C. Romero* I. THE PROBLEM: THE GROWING, SEAMLESS WEB OF HATE Last fall, the quiet town of Carlisle, Pennsylvania was the scene of a Ku Klux Klan (Klan) rally.! Although the Klan is now but a shadow of its former self,2 the prospect of a Klan rally in the * Professor of Law, The Pennsylvania State University, Dickinson School of Law. E-mail: <
[email protected]>. An earlier version of this Article was presented at the Mid-Atlantic People of Color Legal Scholarship Conference in February 2001. Thanks to Marina Angel, David Brennen, Jim Gilchrist, Phoebe Haddon, Christine Jones, Charles Pouncy, Carla Pratt, and Frank Valdes for their thoughtful comments which have greatly improved this piece; Matt Hughson, Gwenn McCollum, and Raphael Sanchez for their expert research assistance; and most of all, my wife, Corie, and my son, Ryan, as well as my family in the Philippines for their constant love and support of this and many other projects.