So to Speak: The Free Speech Podcast Ep. 250: Civil rights, hate speech, and the First Amendment
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Aug 28, 2025 Samantha Barbas, a University of Iowa Law Professor, dives into the historical battle between civil rights and hate speech laws. She illustrates how groups like the NAACP confronted hate speech, particularly through episodes like the Skokie protest against a Nazi march. Barbas examines milestones such as the backlash against 'The Birth of a Nation' and Henry Ford's antisemitic publications. The conversation also touches on contemporary challenges in free speech, including college students' fears of saying the wrong thing, and how these tensions influence public discourse.
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America Once Passed Hate Speech Laws
- The U.S. once had hate speech laws (circa 1915–1950) that were seen as consistent with the First Amendment at the time.
- Law and culture shifted around 1950, moving away from endorsing hate speech regulation.
Birth Of A Nation Sparked Censorship Push
- D.W. Griffith's 1915 film The Birth of a Nation inflamed racial tensions and prompted censorship calls across cities and states.
- Officials sought bans to prevent violent breaches of the peace rather than to protect group dignity.
Censorship Backfired For Civil Rights Leaders
- Civil rights groups initially sought censorship when they lacked resources to respond with counter-speech, then shifted tactics after censorship backfired.
- Boycotts and pickets replaced legal suppression as more effective responses to mass publicity.
