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It Could Have Been Worse, But a Statute Designed to “Break Down All Discrimination” Against African Americans Deserves Better than Comcast Corporation v. National Association of African American-Owned Media

The year after the Civil War, the federal government made a commitment to Black people in this country. In simple but sweeping language, the Civil Rights Act of 1866 mandates that “[a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.”