Harriet Beecher Stowe

The Bloods and the Crits
December 09, 1996

During the past decade, an academic movement called critical race theory has gained increasing currency in the legal academy. Rejecting the achievements of the civil rights movement of the 1960s as epiphenomenal, critical race scholars argue that the dismantling of the apparatus of formal segregation failed to purge American society of its endemic racism, or to improve the social status of African Americans in discernible or lasting ways. The claim that these scholars make is not only political; it is also epistemological.

The Limits of Limits
February 07, 1994

Democracy and the Problem of Free Speech by Cass R. Sunstein (The Free Press, 300 pp., $22.95) For nearly a decade Cass Sunstein has presented himself as the benign face of free speech revisionism. In his academic writings, he has supported some restrictions on pornography and hate speech, and at the same time has avoided the rhetorical excesses of Catharine A. MacKinnon and the critical race theorists. He has endorsed some restrictions on the autonomy of broadcasters and newspaper owners, while questioning what he calls the more heavy-handed " command and control" solutions of the 1960s.