ABSTRACT
This chapter expresses that an independent tort action for racial insults is both permissible and necessary. It examines the harms caused by racism and racial insults to the victims, to the perpetrators, and to society as a whole. The chapter also examines the various doctrines under which plaintiffs have brought lawsuits for racial insult, concluding that these doctrines fail to provide adequate protection against such language. It considers objections to an independent tort that are based on the difficulty of apportioning damages and on first amendment concerns. US society remains deeply afflicted by racism. The psychological harms caused by racial stigmatization are often much more severe than those created by other stereotyping actions. Because they constantly hear racist messages, minority children, not surprisingly, come to question their competence, intelligence, and worth. Much of the blame for the formation of these attitudes lies squarely on value laden words, epithets, and racial names.
