Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Volume 114, October 2026, Darren Lenard Hutchinson, Article California Law Review Volume 114, October 2026, Darren Lenard Hutchinson, Article California Law Review

Speaking Freedom: Black Liberation, Abolitionism, and Substantive Justice

Subordinate groups form social movements to contest societal norms and practices that sustain inequality. Social mobilization by subordinates can spark countermovements by privileged classes who perceive egalitarianism as a threat to their economic, political, and social power. Privileged-group countermovements often seek to suppress speech that challenges oppression, known as liberation speech. In the nineteenth century, defenders of enslavement suppressed “liberation speech” by legal and extralegal means in order to maintain Whites’ social dominance. Abolitionist resistance to speech suppression helped foster a culture of free speech that created a foundation for First Amendment doctrines developed in the twentieth century. Drawing from this history, legal scholars counsel against any restrictions on speech—including racist speech. These arguments, though powerful, tend to submerge the ultimate goal of abolitionism. Abolitionists struggled to achieve emancipation and full citizenship for Blacks, not simply freedom of speech. If abolitionist views on speech should influence First Amendment interpretation, then this same history should have even greater importance for contemporary equality theories.Although the Roberts Court attempts to situate its equality doctrine within a civil rights tradition, the Court’s conception of equality has no support in abolitionism or subsequent antiracism movements. On the contrary, the Court’s equality framework contradicts the vision of equality that Blacks deem essential for freedom and full citizenship.

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Article, Volume 110, April 2022, Darren Lenard Hutchinson California Law Review Article, Volume 110, April 2022, Darren Lenard Hutchinson California Law Review

“With All the Majesty of the Law”: Systemic Racism, Punitive Sentiment, and Equal Protection

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit…

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