Hate Speech And The Constitution

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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?

Protecting Hate Speech: R.A.V. v. St. Paul

Author : Susan Dudley Gold
Publisher : Cavendish Square Publishing, LLC
ISBN 13 : 1627123954
Total Pages : 144 pages
Book Rating : 4.6/5 (271 download)

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Book Synopsis Protecting Hate Speech: R.A.V. v. St. Paul by : Susan Dudley Gold

Download or read book Protecting Hate Speech: R.A.V. v. St. Paul written by Susan Dudley Gold and published by Cavendish Square Publishing, LLC. This book was released on 2014-01-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment to the U.S. Constitution guarantees a free press and free speech, but those rights are not unlimited. In Protecting Hate Speech: R.A.V. v. St. Paul, award-winning author Susan Dudley Gold looks at the issues involved when the Minnesota city of St. Paul tried to ban hate speech within its borders. The entertaining account of the case explores the fine line legislators must walk when putting restrictions on free speech. The U.S. Supreme Court's decision in the case has become a testament to the sanctity of the First Amendment, even when it protects hateful speech and symbol acts that most Americans despise.

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.

Hate Speech and the Constitution

Author : Steven J. Heyman
Publisher : Taylor & Francis
ISBN 13 : 9780815322078
Total Pages : 466 pages
Book Rating : 4.3/5 (22 download)

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Book Synopsis Hate Speech and the Constitution by : Steven J. Heyman

Download or read book Hate Speech and the Constitution written by Steven J. Heyman and published by Taylor & Francis. This book was released on 1996 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-nine collected essays represent a critical history of Shakespeare's play as text and as theater, beginning with Samuel Johnson in 1765, and ending with a review of the Royal Shakespeare Company production in 1991. The criticism centers on three aspects of the play: the love/friendship debate.

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”

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.

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 First

Author : Stanley Fish
Publisher : Simon and Schuster
ISBN 13 : 1982115262
Total Pages : 240 pages
Book Rating : 4.9/5 (821 download)

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Book Synopsis The First by : Stanley Fish

Download or read book The First written by Stanley Fish and published by Simon and Schuster. This book was released on 2019-11-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From celebrated public intellectual, New York Times bestselling author, and “America’s most famous professor” (BookPage) comes an urgent and sharply observed look at freedom of speech and the First Amendment offering a “nonpartisan take on what it does and doesn’t protect and what kind of speech it should and shouldn’t regulate” (Publishers Weekly). How does the First Amendment really work? Is it a principle or a value? What is hate speech and should it always be banned? Are we free to declare our religious beliefs in the public square? What role, if any, should companies like Facebook play in policing the exchange of thoughts, ideas, and opinions? With clarity and power, Stanley Fish explores these complex questions in The First. From the rise of fake news, to the role of tech companies in monitoring content (including the President’s tweets), to Colin Kaepernick’s kneeling protest, First Amendment controversies continue to dominate the news cycle. Across America, college campus administrators are being forced to balance free speech against demands for safe spaces and trigger warnings. With “thoughtful, dense provocations that will require close attention” (Kirkus Reviews), Fish ultimately argues that freedom of speech is a double-edged concept; it frees us from constraints, but it also frees us to say and do terrible things. Urgent and controversial, The First is sure to ruffle feathers, spark dialogue, and shine new light on one of America’s most cherished—and debated—constitutional rights.

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.

Hate Speech and the Constitution

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (312 download)

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Book Synopsis Hate Speech and the Constitution by :

Download or read book Hate Speech and the Constitution written by and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Speak No Evil

Author : Jon B. Gould
Publisher : University of Chicago Press
ISBN 13 : 0226305139
Total Pages : 255 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Speak No Evil by : Jon B. Gould

Download or read book Speak No Evil written by Jon B. Gould and published by University of Chicago Press. This book was released on 2010-02-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of "keeping up with the Joneses," some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits. Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.

The Short Life and Curious Death of Free Speech in America

Author : Ellis Cose
Publisher : HarperCollins
ISBN 13 : 0062999737
Total Pages : 167 pages
Book Rating : 4.0/5 (629 download)

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Book Synopsis The Short Life and Curious Death of Free Speech in America by : Ellis Cose

Download or read book The Short Life and Curious Death of Free Speech in America written by Ellis Cose and published by HarperCollins. This book was released on 2020-09-15 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.

What is Wrong with the First Amendment?

Author : Steven H. Shiffrin
Publisher : Cambridge University Press
ISBN 13 : 1107160960
Total Pages : 241 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis What is Wrong with the First Amendment? by : Steven H. Shiffrin

Download or read book What is Wrong with the First Amendment? written by Steven H. Shiffrin and published by Cambridge University Press. This book was released on 2016-10-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.

Free Speech in Its Forgotten Years, 1870-1920

Author : David M. Rabban
Publisher : Cambridge University Press
ISBN 13 : 9780521655378
Total Pages : 426 pages
Book Rating : 4.6/5 (553 download)

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Book Synopsis Free Speech in Its Forgotten Years, 1870-1920 by : David M. Rabban

Download or read book Free Speech in Its Forgotten Years, 1870-1920 written by David M. Rabban and published by Cambridge University Press. This book was released on 1997 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

The Soul of the First Amendment

Author : Floyd Abrams
Publisher : Yale University Press
ISBN 13 : 0300190883
Total Pages : 170 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Soul of the First Amendment by : Floyd Abrams

Download or read book The Soul of the First Amendment written by Floyd Abrams and published by Yale University Press. This book was released on 2017-01-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

Hate Speech on Campus

Author : Milton Heumann
Publisher : UPNE
ISBN 13 : 9781555532925
Total Pages : 324 pages
Book Rating : 4.5/5 (329 download)

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Book Synopsis Hate Speech on Campus by : Milton Heumann

Download or read book Hate Speech on Campus written by Milton Heumann and published by UPNE. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A cogent, objective, and in-depth exploration of the legal, political, and social complexities of the decision to ban hate speech.

The Free Speech Century

Author : Lee C. Bollinger
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.