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In this article I analyze harms caused by hate speech using Carey's (1989) contrasting transmission and ritual models of communication. Adoption of the transmission model directs the attention of courts and legislative bodies to effects of hate speech such as emotional and behavioral changes in the recipients of the speech. In contrast, the ritual model illustrates the reinforcement of racist attitudes and disparate treatment of minorities that occurs with the repetitive use of hate speech. Although the ritual model serves a heuristic function by providing courts with a framework for understanding harm caused by hate speech, its judicial adoption to determine liability for individual instances of racist or sexist communication raises troublesome First Amendment issues
Clay Calvert (Sat,) studied this question.