One cannot speak of "groups" as though society were objectively subdivided... Instead, people draw lines, attribute differences, as a way of ordering… - Laurence Tribe

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One cannot speak of "groups" as though society were objectively subdivided... Instead, people draw lines, attribute differences, as a way of ordering social justice—of deciding who may occupy what place, play what role, engage in what activity. Thus, in order to justify the role of chattel that blacks initially played in our society, we may have differentiated that role by describing it in terms of the most obvious distinguishing feature... equating race and role. This equation and thus "group" survived the Civil War and the Thirteenth Amendment... simply by reason of confusion or inertia, but because the role that society allowed remained partially unchanged; thus, the need to justify the role by differentiating it, by seeing not the role but the group—"inferior" blacks capable of nothing better...—persisted.

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About Laurence Tribe

Laurence Henry Tribe (born October 10, 1941) is an American constitutional law scholar, the Carl M. Loeb University Professor at the , and co-founder of the . He is the author of several books, including a major treatise, American Constitutional Law (1978) and has argued before the dozens of times.

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Alternative Names: Laurence Henry Tribe Laurence H. Tribe
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[A] governmental regime of guidelines which have to be followed, which do not involve private restraints because they would not enjoin any speech in advance. Those guidelines need to be in place so that we don't unfairly surprise the owners of Facebook, or other platforms, or Twitter, but... avoiding the ex-post facto effect of imposing rules after the fact is not the same as violating the doctrine, which basically says you can't muzzle people in advance.

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[W]e should beware of "hearing" silences where nearly all readers, setting aside how they would like a particular controversy to end, identify determinative text... "The heart has its reasons," as Pascal famously said, "that reason does not know." Good enough. And those heartfelt reasons deserve a hearing. But when they defy reason, the meaning of living by the rule of law is that reason should prevail.

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