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Colored Speech: Cross Burnings, Epistemics, and the Triumph of the Crits?

Abstract

This Essay examines the Court\u27s recent decision in Virginia v. Black. It argues that Black signifies a different approach to the constitutionality of statutes regulating cross burnings. It shows how the Court\u27s conservatives have essentially accepted the intellectual framework and the mode of analysis suggested previously by the critical race theorists. In particular, this Essay explores the role that Justice Thomas plays in the case. The Essay explains Justice Thomas\u27s active participation as a matter of epistemic authority and epistemic deference

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