Speech That Harms (Malik Speaking)
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There have been so many injustices committed against African Americans in the history of this country that I believe that very substantial reparations are owed to them.

Every theory of justice must allow for reparations for past injustice. While past injustice is being addressed, the ordinary 'rules of the game' may have to be suspended. I think that it may be necessary at this time to suspend or restrict some of the rights of white Americans in order to provide reparations for black people. This would be a temporary policy; but it may not be possible to undo the results of past injustice as long as racist speech and racist political organization is allowed to go on unhindered.

In the case of Devin, I think reparations may call for revoking his tenure or at least forbidding him to put forward racist theories at this time. In another time, after full reparations have been paid and when blacks have achieved full equality with whites in terms of wealth and power, the right to propound such theories could be restored.

Reference: For a very interesting discussion of the relationships between social equality, tolerance, and free speech, see Herbert Marcuse "Repressive Tolerance" in A Critique of Pure Tolerance. Marcuse argued that there were social conditions under which tolerance, including free speech, impeded progress and simply helped reproduce a system of oppression. He believed that these conditions existed in the United States in the 1960s. He envisioned the possibility that freedom of speech might have to be withdrawn and restrictions imposed on teaching in order to overthrow an oppressive social structure.

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