Free Speech and Antisemitism: Collin v. Smith Today

Abstract

The Skokie-based Collin v. Smith litigation resulted in our law's most significant constitutional response to antisemitic hate speech. The Skokie case opinions shed light on how antisemitism was thought of at the time and place in question. More importantly, how we choose now to understand the Collin v. Smith cases tells us much about how we conceive of antisemitism and of antisemitic injury today. The argument herein is that our understanding of freedom of speech, and of its value and limits, has significantly evolved over the decades since Collin v. Smith. Relatedly, our collective understanding of the harms and injuries inflicted by antisemitic speech has, at the deepest level, been significantly changing as well. In both of these respects, the Collin v. Smith litigation has only increased in importance over time.