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DC Field | Value | Language |
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dc.contributor.author | Roberts, JM | - |
dc.date.accessioned | 2022-07-19T15:18:32Z | - |
dc.date.available | 2022-07-19T15:18:32Z | - |
dc.date.issued | 2022-11-15 | - |
dc.identifier.citation | Roberts, J.M. (2023) 'Judith Butler, the Bakhtin Circle and Free Speech: State Hegemony, Race and Grievability in R.A.V. v. St Paul', Law and Critique, 34 (2), pp. 249 - 267. doi: 10.1007/s10978-022-09334-1. | en_US |
dc.identifier.issn | 0957-8536 | - |
dc.identifier.uri | https://bura.brunel.ac.uk/handle/2438/24935 | - |
dc.description.abstract | Copyright © The Author(s) 2022. In June 21, 1990, the Joneses, an African-American family living in the mainly white and working-class neighbourhood of St. Paul in Minnesota, saw a small white cross burning in their yard. By placing the burning cross on the yard, the Minnesota Supreme Court argued that one of the accused, Robert A Viktora, had engaged in ‘fighting words’. However, the US Supreme Court reversed this decision, arguing that the local authority in St Paul only legally banned certain ‘fighting words’, but not others. Judith Butler explores this legal case, R.A.V. v. St. Paul. Judith Butler argues in her earlier work that the Supreme Court in effect represented the burning cross as being non-performative and simply a vehicle of expression rather than a historical symbol of hate speech towards African-Americans. In this paper, I look again at the R.A.V. case. But I do so by both drawing on what Butler explicitly says about the case in her early work and integrating this with her later work on the ethics of grief, state hegemony and public assemblies. Furthermore, I also incorporate some of the insights of the Bakhtin Circle into Butler’s work to strengthen her arguments. The paper then revisits R.A.V. v. St. Paul and shows how Reaganite state hegemony effectively transformed issues of racism surrounding this free speech case into ‘monologic’ and ‘ungrievable’ public matters of concern. The paper concludes by briefly discussing counter-hegemonic politics of free speech. | - |
dc.description.sponsorship | Leverhulme Trust Fellowship grant (RF-2020-387) | en_US |
dc.format.extent | 249 - 267 (19) | - |
dc.format.medium | Print-Electronic | - |
dc.language | English | - |
dc.language.iso | en_US | en_US |
dc.publisher | Springer Nature | en_US |
dc.rights | Copyright © The Author(s) 2022. Rights and permissions: Open Access. This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit https://creativecommons.org/licenses/by/4.0/. | - |
dc.rights.uri | https://creativecommons.org/licenses/by/4.0/ | - |
dc.title | Judith Butler, the Bakhtin Circle and Free Speech: State Hegemony, Race and Grievability in R.A.V. v. St Paul | en_US |
dc.type | Article | en_US |
dc.identifier.doi | https://doi.org/10.1007/s10978-022-09334-1 | - |
dc.relation.isPartOf | Law and Critique: journal of critical legal studies | - |
pubs.issue | 2 | - |
pubs.publication-status | Published online | - |
pubs.volume | 34 | - |
dc.identifier.eissn | 1572-8617 | - |
dc.rights.holder | The Author(s) | - |
Appears in Collections: | Dept of Social and Political Sciences Research Papers |
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