In this book

The authors, all legal scholars from the tradition of critical race theory, start from the experience of injury from racist hate speech and develop a theory of the First Amendment that recognizes such injuries.

Critique of "First Amendment Orthodoxy"

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 but racist verbal assault is not.