Legal Question in Civil Rights Law in New York

Black student calling a white teacher ''Nigger''

I would like to know if a black student calling a white teacher ''Nigger'' several times in a fit of anger is considered Inflamatory speech/Violence?


Asked on 8/29/03, 1:20 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Black student calling a white teacher ''Nigger''

It certainly is inflamatory, it is not violence. Inflamatory speech, however, is not by itself illegal. Unless th teacher can make acompelling case thatt he violence is imminent, the correct remedy is to deal with the problem internally through school authorities.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/29/03, 9:21 am
Regina Mullen Legal Data Services, PLC

Re: Black student calling a white teacher ''Nigger''

Well, it's not clear if what you mean is are those "fighting words" or speech not protected by the first amendment...

Certainly, the student could be disciplined for that sort of disrespectful speech (but I suspect that same student would call a rock a "nigger" if he stubbed his toe on it). Does it make it ok? No.

Is it something that the white teacher could reasonably take to court and win money on? Nope. There's no violation of the teacher's civil rights, and no one would reasonably believe that serious emotional distress resulted from it.

Given the way the word is slung around, merely saying the word, without more, is nearly meaningless in today's society. At least to those who no longer appreciate the pain and suffering that little word caused to those of generations past.

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Answered on 8/29/03, 11:24 am


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