Free Speech and the Politics of Identity

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198298861
Total Pages : 296 pages
Book Rating : 4.2/5 (988 download)

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Book Synopsis Free Speech and the Politics of Identity by : David A. J. Richards

Download or read book Free Speech and the Politics of Identity written by David A. J. Richards and published by Oxford University Press, USA. This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia.

A Republican Theory of Free Speech

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Author :
Publisher : Springer Nature
ISBN 13 : 3030786315
Total Pages : 249 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis A Republican Theory of Free Speech by : Suzanne Whitten

Download or read book A Republican Theory of Free Speech written by Suzanne Whitten and published by Springer Nature. This book was released on 2021-10-22 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive philosophical examination of the free speech ‘battles’ of the last decade, arguing for a critical republican conception of civility as an explanatory and prescriptive solution. Issues such as no-platforming and safe spaces, the increasing influence of Far-Right rhetoric on internet forums, the role of Twitter as a site of activist struggles, and the moral panics that surround ill-judged comments made by public figures, all provide a new set of challenges for society which demand a careful critical analysis. The author proposes a 'republican theory' of free speech, demonstrating how a conception of ‘critical’ civility, one which combines the importance of expressive respect with the responsibilities of contestation and vigilance, is required if we are to combat some of the most contentious speech-related conflicts facing contemporary society today.

No Escape

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Publisher :
ISBN 13 :
Total Pages : 778 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis No Escape by : Paul Andrew Passavant

Download or read book No Escape written by Paul Andrew Passavant and published by . This book was released on 1997 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Free Speech on Campus

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812250079
Total Pages : 136 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Free Speech on Campus by : Sigal R. Ben-Porath

Download or read book Free Speech on Campus written by Sigal R. Ben-Porath and published by University of Pennsylvania Press. This book was released on 2017-08-25 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Free Speech on Campus, political philosopher Sigal Ben-Porath offers a useful framework for thinking about free-speech controversies surrounding trigger warnings, safe spaces, and speech that verges on hate. Everyone with a stake in campus debates will find something valuable in her illuminating discussion of these critical issues.

Constitutional Identity

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Publisher : Harvard University Press
ISBN 13 : 0674047664
Total Pages : 389 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Identity by : Gary J. Jacobsohn

Download or read book Constitutional Identity written by Gary J. Jacobsohn and published by Harvard University Press. This book was released on 2010-10-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Identity

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374717486
Total Pages : 203 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Identity by : Francis Fukuyama

Download or read book Identity written by Francis Fukuyama and published by Farrar, Straus and Giroux. This book was released on 2018-09-11 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times bestselling author of The Origins of Political Order offers a provocative examination of modern identity politics: its origins, its effects, and what it means for domestic and international affairs of state In 2014, Francis Fukuyama wrote that American institutions were in decay, as the state was progressively captured by powerful interest groups. Two years later, his predictions were borne out by the rise to power of a series of political outsiders whose economic nationalism and authoritarian tendencies threatened to destabilize the entire international order. These populist nationalists seek direct charismatic connection to “the people,” who are usually defined in narrow identity terms that offer an irresistible call to an in-group and exclude large parts of the population as a whole. Demand for recognition of one’s identity is a master concept that unifies much of what is going on in world politics today. The universal recognition on which liberal democracy is based has been increasingly challenged by narrower forms of recognition based on nation, religion, sect, race, ethnicity, or gender, which have resulted in anti-immigrant populism, the upsurge of politicized Islam, the fractious “identity liberalism” of college campuses, and the emergence of white nationalism. Populist nationalism, said to be rooted in economic motivation, actually springs from the demand for recognition and therefore cannot simply be satisfied by economic means. The demand for identity cannot be transcended; we must begin to shape identity in a way that supports rather than undermines democracy. Identity is an urgent and necessary book—a sharp warning that unless we forge a universal understanding of human dignity, we will doom ourselves to continuing conflict.

The Three Languages of Politics

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Publisher :
ISBN 13 : 9781948647427
Total Pages : 150 pages
Book Rating : 4.6/5 (474 download)

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Book Synopsis The Three Languages of Politics by : Arnold Kling

Download or read book The Three Languages of Politics written by Arnold Kling and published by . This book was released on 2019-08-13 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available in its 3rd edition, with new commentary on political psychology and communication in the Trump era, Kling's book could not be any more timely, as Americans--whether as media pundits or conversing at a party--talk past one another with even greater volume, heat, and disinterest in contrary opinions.The Three Languages of Politics it is a book about how we communicate issues and our ideologies, and how language intended to persuade instead divides.

The Free Speech Century

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Publisher :
ISBN 13 : 0190841370
Total Pages : 377 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Free Speech Century by : Lee C. Bollinger

Download or read book The Free Speech Century written by Lee C. Bollinger and published by . This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Free Speech on Campus

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Publisher : Yale University Press
ISBN 13 : 0300231865
Total Pages : 216 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Free Speech on Campus by : Erwin Chemerinsky

Download or read book Free Speech on Campus written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-09-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Right’s First Amendment

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Publisher : Stanford University Press
ISBN 13 : 080479801X
Total Pages : 297 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Right’s First Amendment by : Wayne Batchis

Download or read book The Right’s First Amendment written by Wayne Batchis and published by Stanford University Press. This book was released on 2016-03-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights. In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation? Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.

Fractured

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Publisher :
ISBN 13 : 9780745346601
Total Pages : 0 pages
Book Rating : 4.3/5 (466 download)

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Book Synopsis Fractured by : MICHAEL. CHARNLEY RICHMOND (ALEX.)

Download or read book Fractured written by MICHAEL. CHARNLEY RICHMOND (ALEX.) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identity politics has smeared political discourse for over a decade. The right use it to lament the loss of free speech, while many on the left bemoan that it will be the end of class politics. It has been used to dismiss movements such as Black Lives Matter and brought seemingly progressive people into the path of fascism. It has armed the march of the transphobes. In Fractured, the authors move away from the identity politics debate. Instead of crudely categorising race, gender and sexuality as 'identities', or forcing them under the heading of'diversity', they argue that the interconnectedness of these groupings has always been inseparable from the history of class struggle under British and American capitalism. Through an appraisal of pivotal historical moments in Britain and the US, and a sharp look at contemporary debates, the authors tame the frenzied culture war, offering a refreshing and reasoned way to understand how class struggle is formed and creating the possibilities for new forms of solidarity in an increasingly fractured world.

Religion, Politics, and American Identity

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Publisher : Lexington Books
ISBN 13 : 0739160176
Total Pages : 315 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Religion, Politics, and American Identity by : David S. Gutterman

Download or read book Religion, Politics, and American Identity written by David S. Gutterman and published by Lexington Books. This book was released on 2006-07-24 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholarship on the role of religion in American public life has taken on a new urgency in the increasingly contentious wake of the attacks of September 11, 2001. This volume brings together an impressive group of scholars to build on past work and broaden the scope of this crucial inquiry in two respects: by exploring aspects of the religion-politics nexus in the United States that have been neglected in the past, and by examining traditional questions concerning the religious tincture of American political discourse in provocative new ways. Essays include examinations of religious rhetoric in American political and cultural discourse after September 11th, the impact of religious ideas on environmental ethics, religion and American law beyond the First Amendment, religious responses to questions of gay and lesbian rights, the Church of Jesus Christ of Latter-Day Saints and issues of free speech and public space in Utah, and the role of religious institutions and ideas on the political priorities of African-American and Latino communities. In addition, Religion, Politics, and American Identity includes introductory and concluding essays by leading scholars in the field of religion and politics that assess present and future directions for study.

No escape

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Publisher :
ISBN 13 :
Total Pages : 593 pages
Book Rating : 4.:/5 (433 download)

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Book Synopsis No escape by : Paul Andrew Passavant

Download or read book No escape written by Paul Andrew Passavant and published by . This book was released on 1997 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Free Speech in the Digital Age

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Publisher : Oxford University Press
ISBN 13 : 0190883626
Total Pages : 320 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Free Speech in the Digital Age by : Susan J. Brison

Download or read book Free Speech in the Digital Age written by Susan J. Brison and published by Oxford University Press. This book was released on 2019-02-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.

The Case for Color-Blind Equality in an Age of Identity Politics

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Publisher : Simon and Schuster
ISBN 13 : 1510770224
Total Pages : 163 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Case for Color-Blind Equality in an Age of Identity Politics by : Alan Dershowitz

Download or read book The Case for Color-Blind Equality in an Age of Identity Politics written by Alan Dershowitz and published by Simon and Schuster. This book was released on 2021-09-07 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Case for Color-Blind Equality in an Age of Identity Politics​, Alan Dershowitz—New York Times bestselling author and one of America’s most respected legal scholars—analyzes the current battles over issues of diversity and our rapidly changing ideas about what true diversity is. Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. He is also a fair-minded and even-handed expert on civil liberties and constitutional rights, and in this book offers his knowledge and insight to help readers understand the war being waged against meritocracy and equal protection of the law by so-called progressive advocates. The Case for Color-Blind Equality in an Age of Identity Politics is an analysis of every aspect of the current fight against true diversity—diversity of philosophy, background, and opinion, rather than the more surface-level diversity of race, religion, and location. It examines the United States’s history of systemic racism, debates about affirmative action, and ongoing reckoning with issues of bigotry against groups such as Asians, Blacks, and Jews, with an eye toward fairly balancing the concerns of a diverse populace. In the end, The Case for Color-Blind Equality in an Age of Identity Politics represents an icon in American law and politics exploring the current rapidly changing attitudes toward meritocracy, personal identity, and the preservation of civil liberties for all citizens, regardless of background, race, class, or creed. It is essential reading for anyone interested in or concerned about identity politics, racial issues, and true diversity and fairness in America.

There's No Such Thing As Free Speech

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Publisher : Oxford University Press
ISBN 13 : 0198024193
Total Pages : 345 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis There's No Such Thing As Free Speech by : Stanley Fish

Download or read book There's No Such Thing As Free Speech written by Stanley Fish and published by Oxford University Press. This book was released on 1994-12-15 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.

Hate Speech and Identity Politics

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Author :
Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Hate Speech and Identity Politics by : Julie Seaman

Download or read book Hate Speech and Identity Politics written by Julie Seaman and published by . This book was released on 2012 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scholarly debate over hate speech regulation has often been characterized as a clash of absolutes, an irreconcilable conflict between the values of free speech and equality. In this Essay, which focuses on the college and university context, I consider whether the findings of social and cognitive psychology research might have the potential to shift the hate speech debate such that some areas of common ground come into view. Relying on insights from the substantial body of research that demonstrates that individual behavior is strongly influenced (often unconsciously) by situational factors, this Essay proposes that universities can - and should - consider ways in which to structure their social and physical environments so as to minimize harmful, antisocial speech and maximize prosocial, productive speech. Such an approach would avoid the heavy-handed censorship most objectionable to strong free speech advocates, while at the same time recognizing the social constructionist insight that belief and behavior are profoundly influenced by cultural practices, language, and images.