ABSTRACT

Hate speech has not just played a role in determining whether a law graduate is fit to practice law. It has also played a role in court. Sometimes lawyers use hate speech toward a participant in the courtroom drama—usually someone connected to the other side. Sometimes, lawyers are not the ones debating hate speech. Sometimes, lawyers and judges are the very ones uttering it. A state court judge told a woman lawyer who had exasperated him that he did not believe ladies should be lawyers, but should be at home raising families. The American Bar Association may one day be called upon to decide whether to incorporate rules against lawyers who utter hate speech in its official Model Rules of Professional Conduct. When the columnist asked him whether he encouraged killing members of nonwhite races, he shrugged. “Suppose someone goes out and kills ten blacks tonight.