Abstract

The use of public insults and misinformation by the political right has acted as both a headwind and deadweight against the achievement of structural civil rights reform. These tactics act as a headwind by making it difficult to build effective remedies into a statute, and then, after the statute is enacted, they act as a deadweight to make it difficult to enforce the limited set of remedies that exist. To withstand the force of this public insult playbook, it is important for civil rights statutes to have strong, structural enforcement mechanisms rather than neo-liberal, one-person-at-a-time kinds of remedies.

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