Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens about Law and Street Harassment

The legal consciousness of ordinary citizens concerning offensive public speech is a phenomenon whose legal status has been vigorously debated, but which has received little empirical analysis. This chapter analyzes the legal consciousness of ordinary citizens by examining how experiences with and legal attitudes toward offensive public speech vary by race, gender, and class. It suggests that white women and people of color experience dramatically higher levels of offensive public speech and that these experiences significantly affect their daily lives. Racist and sexist speech generates much debate about the proper balance between freedom of speech and protection of historically disadvantaged groups from verbal abuse. Legal consciousness also refers to how people do not think about the law; that is to say, it is the body of assumptions people have about the law that are simply taken for granted.