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Hate Speech Pornography And Radical Attacks On Free Speech Doctrine
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Book Synopsis Hate Speech, Pornography, And Radical Attacks On Free Speech Doctrine by : James Weinstein
Download or read book Hate Speech, Pornography, And Radical Attacks On Free Speech Doctrine written by James Weinstein and published by Routledge. This book was released on 2018-10-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, devoted to acquainting reader with the basics of American free speech doctrine, presents a description of the radical attack on modern free speech doctrine. It discusses whether banning this speech would be a remedy for the harms hate speech and pornography are said to cause.
Book Synopsis Must We Defend Nazis? by : Richard Delgado
Download or read book Must We Defend Nazis? written by Richard Delgado and published by NYU Press. This book was released on 1999-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Content and Context of Hate Speech by : Michael Herz
Download or read book The Content and Context of Hate Speech written by Michael Herz and published by Cambridge University Press. This book was released on 2012-04-09 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
Download or read book Hate Speech Law written by Alex Brown and published by Routledge. This book was released on 2015-03-05 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect).
Book Synopsis Hate Speech and Freedom of Speech in Australia by : Katharine Gelber
Download or read book Hate Speech and Freedom of Speech in Australia written by Katharine Gelber and published by Federation Press. This book was released on 2007 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by existing laws? How are these laws enforced? How can the laws be changed to improve governments' response to hate speech? How does the emergence of bills of rights affect the regulation of hate speech? Drawing on a broad range of academic and practical experts, this book addresses these questions. The essays in first part of this book outline the landscape within which hate speech regulation occurs. They include consideration of the legal, policy and historical context for vilification, the ways in which the language of hatred is changing, and a new look at the longstanding debate about the tension between freedom of speech and hate speech as a conflict between liberty and equality. In part two, the book considers the practice of hate speech regulation in a variety of Australian institutions and includes practical perspectives from the legal profession. In the final part the essays consider hate speech regulation within a broader human rights framework, taking into account the emergence of bills of rights in Australian states.
Book Synopsis Freedom of Speech by : Uladzislau Belavusau
Download or read book Freedom of Speech written by Uladzislau Belavusau and published by Routledge. This book was released on 2013-10-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
Book Synopsis Online Political Hate Speech in Europe by : Giovanni Ziccardi
Download or read book Online Political Hate Speech in Europe written by Giovanni Ziccardi and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thought-provoking and timely, this book addresses the increasingly widespread issue of online political hatred in Europe. Taking an interdisciplinary approach, it examines both the contributions of new technologies, in particular social networks, to the rise of this phenomenon, and the legal and political contexts in which it is taking place. Giovanni Ziccardi also evaluates possible remedies for the situation, including both legal and technological solutions, and outlines the potential for a unified European framework to counter the spread of hatred online.
Book Synopsis The Cost of Free Speech by : A. Levin
Download or read book The Cost of Free Speech written by A. Levin and published by Springer. This book was released on 2010-09-29 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.
Download or read book Free Speech written by Matteo Bonotti and published by John Wiley & Sons. This book was released on 2021-05-24 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.
Book Synopsis Hate Speech Frontiers by : Alexander Brown
Download or read book Hate Speech Frontiers written by Alexander Brown and published by Cambridge University Press. This book was released on 2023-10-31 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deep-dive into the theoretical and practical distinctions between the common understanding of hate speech and its legal definitions.
Book Synopsis The Politics of Hate Speech Laws by : Alexander Brown
Download or read book The Politics of Hate Speech Laws written by Alexander Brown and published by Routledge. This book was released on 2019-09-18 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary, and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law.
Book Synopsis Free Speech and Hate Speech in the United States by : Chris Demaske
Download or read book Free Speech and Hate Speech in the United States written by Chris Demaske and published by Routledge. This book was released on 2020-10-07 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free Speech and Hate Speech in the United States explores the concept and treatment of hate speech in light of escalating social tensions in the global twenty-first century, proposing a shift in emphasis from the negative protection of individual rights toward a more positive support of social equality. Drawing on Axel Honneth’s theory of recognition, the author develops a two-tiered framework for free speech analysis that will promote a strategy for combating hate speech. To illustrate how this framework might impact speech rights in the U.S., she looks specifically at hate speech in the context of symbolic speech, disparaging speech, internet speech and speech on college campuses. Entering into an ongoing debate about the role of speech in society, this book will be of key importance to First Amendment scholars, and to scholars and students of communication studies, media studies, media law, political science, feminist studies, American studies, and history.
Book Synopsis Freedom of Speech: Volume 21, Part 2 by : Ellen Frankel Paul
Download or read book Freedom of Speech: Volume 21, Part 2 written by Ellen Frankel Paul and published by Cambridge University Press. This book was released on 2004-07-05 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years.
Download or read book Freedom of Speech written by Eric Barendt and published by OUP Oxford. This book was released on 2005-08-11 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish 'kiss and tell' stories about celebrities, and to resist attempts to regulate the Internet. Barendt considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? Eric Barendt discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright and explores the case law in light of the philosophical and political arguments for free speech guarantees.
Book Synopsis Hate Speech and Democratic Citizenship by : Eric Heinze
Download or read book Hate Speech and Democratic Citizenship written by Eric Heinze and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Extreme Speech and Democracy by : Ivan Hare
Download or read book Extreme Speech and Democracy written by Ivan Hare and published by OUP Oxford. This book was released on 2010-11-18 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions: What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Has the traditional US position on extreme expression justifiably not found favour elsewhere? Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances? With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.
Download or read book Speech and Harm written by Ishani Maitra and published by Oxford University Press on Demand. This book was released on 2012-05-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most liberal societies are deeply committed to free speech, but there is evidence that some kinds of speech can be harmful in ways that are detrimental to important liberal values, such as social inequality. This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.
