Freedom Of Speech Vs Hate Speech

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HATE

Author : Nadine Strossen
Publisher : Oxford University Press
ISBN 13 : 019085913X
Total Pages : 233 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis HATE by : Nadine Strossen

Download or read book HATE written by Nadine Strossen and published by Oxford University Press. This book was released on 2018-04-02 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated paperback edition of 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. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it 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. "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" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Free Speech and Hate Speech in the United States

Author : Chris Demaske
Publisher : Routledge
ISBN 13 : 1000203417
Total Pages : 188 pages
Book Rating : 4.0/5 (2 download)

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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.

The Content and Context of Hate Speech

Author : Michael Herz
Publisher : Cambridge University Press
ISBN 13 : 1107375614
Total Pages : 569 pages
Book Rating : 4.1/5 (73 download)

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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?

Freedom of speech vs. Hate speech

Author : Caroline Mutuku
Publisher : GRIN Verlag
ISBN 13 : 3668726094
Total Pages : 11 pages
Book Rating : 4.6/5 (687 download)

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Book Synopsis Freedom of speech vs. Hate speech by : Caroline Mutuku

Download or read book Freedom of speech vs. Hate speech written by Caroline Mutuku and published by GRIN Verlag. This book was released on 2018-06-14 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Civil Action / Lawsuit Law, grade: 1.2, , language: English, abstract: Freedom of speech appears to be one of the most fundamental rights of the U.S citizens. This provision is protected by the U.S Constitution through the First Amendment of the American Constitution; therefore, it guarantees the U.S citizens with freedom of expression. The amendment states, “Congress shall make no law... abridging the freedom of speech or of the press” (Germani par. 1). However, hate speech is regarded to as a legal crime because; it interferes with other provisions in the U.S Bill of Rights. As a result, there have been numerous enactments carried out by the U.S Legislature to protect the loyalty of the U.S citizens through expression. In regard to the First Amendment of the U.S Constitution, an individual can be convicted of hate speech crime in circumstances where one’s statements evoke violence. Moreover, statements, which constitute threats to other people or the Government, are regarded to as hate speech crime. However, conviction of an individual for crimes related to hate speech requires legal approaches to justify the individual’s breach of the law. Huhn states, “Even in cases where it is clear that a person is threatening violence.., the person may be criminally prosecuted only if the law in question is carefully drawn so that it applies only in appropriate cases”

Free Speech on Campus

Author : Erwin Chemerinsky
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 Harm in Hate Speech

Author : Jeremy Waldron
Publisher : Harvard University Press
ISBN 13 : 0674069919
Total Pages : 271 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Harm in Hate Speech by : Jeremy Waldron

Download or read book The Harm in Hate Speech written by Jeremy Waldron and published by Harvard University Press. This book was released on 2012-06-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.

It's Not Free Speech

Author : Michael Bérubé
Publisher : JHU Press
ISBN 13 : 1421443880
Total Pages : 304 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis It's Not Free Speech by : Michael Bérubé

Download or read book It's Not Free Speech written by Michael Bérubé and published by JHU Press. This book was released on 2022-04-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.

HATE

Author : Nadine Strossen
Publisher : Oxford University Press
ISBN 13 : 0190859148
Total Pages : 233 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis HATE by : Nadine Strossen

Speech and Harm

Author : Ishani Maitra
Publisher : Oxford University Press, USA
ISBN 13 : 0199236283
Total Pages : 276 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Speech and Harm by : Ishani Maitra

Download or read book Speech and Harm written by Ishani Maitra and published by Oxford University Press, USA. 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.

Free Speech and Censorship Around the Globe

Author : Péter Molnár
Publisher : Central European University Press
ISBN 13 : 9633860571
Total Pages : 562 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis Free Speech and Censorship Around the Globe by : Péter Molnár

Download or read book Free Speech and Censorship Around the Globe written by Péter Molnár and published by Central European University Press. This book was released on 2015-02-01 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.

Speaking Back

Author : Katharine Gelber
Publisher : John Benjamins Publishing
ISBN 13 : 9789027226914
Total Pages : 200 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Speaking Back by : Katharine Gelber

Download or read book Speaking Back written by Katharine Gelber and published by John Benjamins Publishing. This book was released on 2002 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is hate speech? How does a person suffer when they are vilified? What can public policy do to redress it? This text proposes a new type of hate speech policy - "speaking back" - providing institutional, material and educational support to enable the victims of hate speech to respond.

The Oxford Handbook of Freedom of Speech

Author : Adrienne Stone
Publisher : Oxford University Press, USA
ISBN 13 : 019882758X
Total Pages : 609 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of Freedom of Speech by : Adrienne Stone

Download or read book The Oxford Handbook of Freedom of Speech written by Adrienne Stone and published by Oxford University Press, USA. This book was released on 2021-01-14 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

The Irony of Free Speech

Author : Owen Fiss
Publisher : Harvard University Press
ISBN 13 : 9780674036918
Total Pages : 122 pages
Book Rating : 4.0/5 (369 download)

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Book Synopsis The Irony of Free Speech by : Owen Fiss

Download or read book The Irony of Free Speech written by Owen Fiss and published by Harvard University Press. This book was released on 2009-06-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.

How Free Speech Saved Democracy

Author : Christopher M. Finan
Publisher : Steerforth Press / Truth to Power
ISBN 13 : 1586422995
Total Pages : 193 pages
Book Rating : 4.5/5 (864 download)

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Book Synopsis How Free Speech Saved Democracy by : Christopher M. Finan

Download or read book How Free Speech Saved Democracy written by Christopher M. Finan and published by Steerforth Press / Truth to Power. This book was released on 2022-04-26 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A historical demonstration of the indispensability of the First Amendment [and] … an earnest and timely argument for [its] enduring value.” —Kirkus Reviews "Great storytelling about the history and importance of the First Amendment, from someone who has spent his life defending — and using — it." —Mary Beth Tinker Free speech is not an obstacle to change: it is the way change happens Uncovering vivid and engaging stories about First Amendment pioneers, How Free Speech Saved Democracy shows how their struggle made possible the surging protests that aim to expand democracy today. How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them. To those who see free speech as a threat to democracy, Finan offers engaging evidence from a long and sometimes challenging history of free speech in America to show how free speech has been essential to expanding democracy. From the beginning of American history, free speech has been used to advocate for change. In the 19th century, abolitionists, advocates for women’s rights, and leaders of the labor movement had to fight for free speech. In the 20th century, the civil rights and anti-war movements expanded free speech, creating a shield for every protest movement we see today. Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech that is occurring as our country becomes increasingly polarized. Through his evocative storytelling Finan demonstrates how the most effective antidote for the growth of hate speech and violence is support for and cultivation of the robust alternative of free speech.

Hate Speech Law

Author : Alex Brown
Publisher : Routledge
ISBN 13 : 1317502361
Total Pages : 380 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Hate Speech Law by : Alex Brown

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 380 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). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Freedom for the Thought That We Hate

Author : Anthony Lewis
Publisher : ReadHowYouWant.com
ISBN 13 : 1458758389
Total Pages : 262 pages
Book Rating : 4.4/5 (587 download)

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Book Synopsis Freedom for the Thought That We Hate by : Anthony Lewis

Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.InFreedom 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.

The Fight for Free Speech

Author : Ian Rosenberg
Publisher : NYU Press
ISBN 13 : 1479825913
Total Pages : 311 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Fight for Free Speech by : Ian Rosenberg

Download or read book The Fight for Free Speech written by Ian Rosenberg and published by NYU Press. This book was released on 2023-05-16 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.