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.

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.

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 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.

Download or read book Atrocity Speech Law written by Gregory S. Gordon and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.

Download or read book Hate Speech written by Victoria Guillén-Nieto and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-01-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate speech has been extensively studied by disciplines such as social psychology, sociology, history, politics and law. Some significant areas of study have been the origins of hate speech in past and modern societies around the world; the way hate speech paves the way for harmful social movements; the socially destructive force of propaganda; and the legal responses to hate speech. On reviewing the literature, one major weakness stands out: hate speech, a crime perpetrated primarily by malicious and damaging language use, has no significant study in the field of linguistics. Historically, pragmatic theories have tended to address language as cooperative action, geared to reciprocally informative polite understanding. As a result of this idealized view of language, negative types of discourse such as harassment, defamation, hate speech, etc. have been neglected as objects of linguistic study. Since they go against social, moral and legal norms, many linguists have wrongly depicted those acts of wrong communication as unusual, anomalous or deviant when they are, in fact, usual and common in modern societies all over the world. The book analyses the challenges legal practitioners and linguists must meet when dealing with hate speech, especially with the advent of new technologies and social networks, and takes a linguistic perspective by targeting the knowledge the linguist can provide that makes harassment actionable.

Download or read book Words That Wound written by Mari J Matsuda and published by Routledge. This book was released on 2018-03-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.

Download or read book Hate Speech written by Caitlin Ring Carlson and published by MIT Press. This book was released on 2021-04-06 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of hate speech: legal approaches, current controversies, and suggestions for limiting its spread. Hate speech can happen anywhere--in Charlottesville, Virginia, where young men in khakis shouted, "Jews will not replace us"; in Myanmar, where the military used Facebook to target the Muslim Rohingya; in Capetown, South Africa, where a pastor called on ISIS to rid South Africa of the "homosexual curse." In person or online, people wield language to attack others for their race, national origin, religion, gender, gender identity, sexual orientation, age, disability, or other aspects of identity. This volume in the MIT Press Essential Knowledge series examines hate speech: what it is, and is not; its history; and efforts to address it.

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.

Download or read book The First Amendment written by David L. Hudson and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

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 198 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.

Download or read book Media and Law written by Mathieu Deflem and published by Emerald Group Publishing. This book was released on 2021-04-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: For its breadth and depth of research, this is an essential text for researchers and students of, sociology, law, criminology, and criminal justice. Everything from traditional mass media, to increasingly important social networking sites are explored to understand issues around free speech and censorship, in the modern day.

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.

Download or read book First Things First written by Ronald K.L. Collins and published by Top Five Books LLC. This book was released on 2019-09-09 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, the book provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. The text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this book with a dynamic understanding of their rights and the value of free speech. “First Things First sets the standard for teaching free speech law.… It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context.” —Stephen D. Solomon (founding editor, First Amendment Watch) “With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way.… This innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why.” —Robert Corn-Revere (First Amendment lawyer) First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines. —Lucy A. Dalglish, dean and professor, Philip Merrill College of Journalism, University of Maryland First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor. —Joseph Russomanno, Associate Professor, Arizona State University

Download or read book Responding to Hate Crime written by Chakraborti, Neil and published by Policy Press. This book was released on 2014-05-21 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The policy makers that govern responses to hate crimes and the institutions that research those crimes have up to this point been separate: policy makers have not taken research into consideration, and researchers have conducted their studies with little reference to policies. This book bridges the gap between the two by bringing together internationally renowned hate crime experts from the domains of academia, policy making, and activism. The contributors provide new perspectives on the nature of hate crimes, their victims, and their perpetrators, exploring a range of themes, challenges, and solutions that have otherwise received little attention. The result is a collection of innovative ways of combating hate crime that combines cutting-edge research with the latest in professional innovations, while remaining accessible to a wide audience.

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.