Opposing Hate Speech


Author: Anthony Joseph Paul Cortese
Publisher: Greenwood Publishing Group
ISBN: 9780275984274
Category: Political Science
Page: 229
View: 350

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Shows how hate speech in all its forms, whether on the street or in the media, can lead to hate crimes, and argues that the harm it can cause needs to be weighed against the competing value of freedom of expression.

Hate Speech and Democratic Citizenship


Author: Eric Heinze
Publisher: Oxford University Press
ISBN: 0198759029
Category: Law
Page: 235
View: 1561

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An astute challenge to dominant free speech theories, this book critiques US, European, and international rules on hate speech. In a highly original argument, the author identifies individual expression as more than just an individual right. He revisits the central role of public discourse as the crucial pillar of modern democracy.

HATE

Why We Should Resist It with Free Speech, Not Censorship
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 0190859148
Category: Law
Page: 240
View: 4019

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HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Hate, Politics, Law

Critical Perspectives on Combating Hate
Author: Thomas Brudholm,Birgitte Schepelern Johansen
Publisher: Oxford University Press
ISBN: 0190884940
Category: Social Science
Page: 304
View: 5348

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References to hate have become ubiquitous in the modern response to group defamation and violence in liberal democracies. Whether expressed in speech, acted out in criminal conduct, or seen as the fuel of terror and extremism, hate is persistently considered a vice, an evil, and a threat to the modern liberal democracy. But what exactly is at stake when societies oppose hate? In Hate, Politics, Law: Critical Perspectives on Combating Hate, Thomas Brudholm and Birgitte Schepelern Johansen have gathered a group of distinguished scholars who offer a critical exploration and assessment of the basic assumptions, ideals, and agendas behind the modern fight against hate. They explore these issues and provide a range of explanatory and normative perspectives on the awkward relationship between hate and liberal democracy, as expressed, for example, through anti-hate speech and anti-hate crime initiatives. The volume further examines the presuppositions and ideological roots of fighting hate, as well as its blind spots and limits. It also includes discussions on the definition and meaning of hate, the longer and broader history of the concept of hate, and when and why fighting hatred became politically salient. While most research on hate crime is written and published in order to prevent and combat hate, Hate, Politics, Law takes a much-needed theoretical, historical, and exploratory approach to hatred.

Speaking of Race, Speaking of Sex

Hate Speech, Civil Rights, and Civil Liberties
Author: Henry Louis Gates Jr.,Anthony P. Griffin,Donald E. Lively,Nadine Strossen,William B. Rubenstein
Publisher: NYU Press
ISBN: 0814730906
Category: Law
Page: 310
View: 8555

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At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, Speaking of Race, Speaking of Sex demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas. Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.

Free Speech on Campus


Author: Erwin Chemerinsky,Howard Gillman
Publisher: Yale University Press
ISBN: 0300231865
Category: Political Science
Page: 216
View: 359

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Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

Countering online hate speech


Author: Gagliardone, Iginio,Gal, Danit,Alves, Thiago,Martinez, Gabriela
Publisher: UNESCO Publishing
ISBN: 9231001051
Category:
Page: 72
View: 1659

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Must We Defend Nazis?

Hate Speech, Pornography, and the New First Amendment
Author: Richard Delgado,Jean Stefancic
Publisher: NYU Press
ISBN: 0814719236
Category: Law
Page: 238
View: 1989

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In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.

Campus hate speech on trial


Author: Timothy C. Shiell
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Education
Page: 256
View: 9535

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Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument. In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a nonhostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection. Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take. The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostileenvironment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike. Shiell eloquently makes the case that campus speech codes--no matter how well grounded in history, law, or philosophy--have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.

Must We Defend Nazis?

Hate Speech, Pornography, and the New First Amendment
Author: Richard Delgado,Jean Stefancic
Publisher: NYU Press
ISBN: 0814721044
Category: Law
Page: 238
View: 3266

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In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.

Free speech for me--but not for thee

how the American left and right relentlessly censor each other
Author: Nat Hentoff
Publisher: HarperCollins
ISBN: 9780060995102
Category: Law
Page: 405
View: 6405

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Hentoff's timely, fact-filled, and illuminating book describes the current assault on free speech from all points of the political spectrum--even from the traditionally liberal groups now intent on repressing opinions thought "politically incorrect".

Should Race Matter?

Unusual Answers to the Usual Questions
Author: David Boonin
Publisher: Cambridge University Press
ISBN: 1139500309
Category: Philosophy
Page: N.A
View: 2343

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In this book, philosopher David Boonin attempts to answer the moral questions raised by five important and widely contested racial practices: slave reparations, affirmative action, hate speech restrictions, hate crime laws and racial profiling. Arguing from premises that virtually everyone on both sides of the debates over these issues already accepts, Boonin arrives at an unusual and unorthodox set of conclusions, one that is neither liberal nor conservative, color conscious nor color blind. Defended with the rigor that has characterized his previous work but written in a more widely accessible style, this provocative and important new book is sure to spark controversy and should be of interest to philosophers, legal theorists and anyone interested in trying to resolve the debate over these important and divisive issues.

Freedom for the Thought That We Hate

A Biography of the First Amendment
Author: Anthony Lewis
Publisher: Basic Books
ISBN: 0465012930
Category: History
Page: 240
View: 9076

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More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

Provocateur

Images of Women and Minorities in Advertising
Author: Anthony J. Cortese
Publisher: Rowman & Littlefield Publishers
ISBN: 9780742568761
Category: Social Science
Page: 192
View: 5892

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In the third edition of Provocateur, sociologist Anthony Cortese offers an in-depth critical analysis of modern advertising_perhaps the most powerful cultural and economic institution. Focusing on images of women and minorities, he unravels the ideologies of domination and control in contemporary commerce. The depiction of ethnic and gender relations in advertising subtly colors our understanding of status arrangements and social boundaries. Connecting these images to periods of social change also highlights, in a more nuanced way, the social norms and cultural ideologies of a particular age. The third edition includes updated advertisements and analyses, and Cortese concludes with policy implications for advertising. The previous edition of Provocateur was honored by CHOICE magazine as an Outstanding Academic Title, with its highest rating: 'Essential.'

Fighting Words

The Politics of Hateful Speech
Author: Laurence R. Marcus
Publisher: Greenwood Publishing Group
ISBN: 9780275954383
Category: Education
Page: 189
View: 3393

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Sets the rise of campus hate speech in a national context by examining our changing society, by focusing on the political debates of our time, and by exploring the constitutional struggles between equality and freedom of speech, and between individualism and community.

Hate Crimes


Author: Tamara L. Roleff
Publisher: Greenhaven Press, Incorporated
ISBN: 9780737704532
Category: Juvenile Nonfiction
Page: 154
View: 9845

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A compilation of essays debate the definition and scope of hate crimes in the United States, restriction of hate speech, the necessity of hate crime legislation, and which groups promote hate.

Punishing Hate


Author: Frederick M. LAWRENCE
Publisher: Harvard University Press
ISBN: 9780674040014
Category: Law
Page: 285
View: 3278

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Kindly Inquisitors

The New Attacks on Free Thought, Expanded Edition
Author: Jonathan Rauch
Publisher: University of Chicago Press
ISBN: 022613055X
Category: Law
Page: 224
View: 5690

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“A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will.” So writes Jonathan Rauch in Kindly Inquisitors, which has challenged readers for more than twenty years with its bracing and provocative exploration of the issues surrounding attempts to limit free speech. In it, Rauch makes a persuasive argument for the value of “liberal science” and the idea that conflicting views produce knowledge within society. In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will strikingly shows the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, while some progress has been made, the regulation of hate speech has grown domestically—especially in American universities—and has spread even more internationally, where there is no First Amendment to serve as a meaningful check. But the answer to bias and prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence or to drive them underground, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process that has been responsible for the growing acceptance of the moral acceptability of homosexuality over the last twenty years. And it is this process, Rauch argues, that will enable us as a society to replace hate with knowledge, both ethical and empirical. “It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression.”—George F. Will, from the foreword