July 23, 2017

EUGENE VOLOKH: Can accusation of lynching be ordered taken down as a supposed threat of lynching?

I agree that “Lynching is our paradigmatic image of private racist violence against African American,” but here it is being used to accuse Brummer of figurative racist violence — and of literal racist adjudication — not to threaten Brummer. The “tragic history and present-day reality of racism” can’t justify, I think, categorically labeling images of lynching associated with a person as threats, when the person is accused of being the perpetrator of lynching (not urged as a target for lynching).

Yeah, I wish I were amazed that someone got a court to order this taken down, but I’m not amazed by much anymore.

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