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Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814718582
Category : Law
Languages : en
Pages : 240
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Book Description
Failed to see the need for relief
Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814718582
Category : Law
Languages : en
Pages : 240
Get Book Here
Book Description
Failed to see the need for relief
Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814721044
Category : Law
Languages : en
Pages : 240
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Book Description
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.
Author: Richard Delgado
Publisher: NYU Press
ISBN: 1479857831
Category : Law
Languages : en
Pages : 181
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Book Description
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Author: Aryeh Neier
Publisher:
ISBN: 9781617700453
Category : History
Languages : en
Pages : 0
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Book Description
Originally published: New York: Dutton, c1979. With new foreword.
Author: Richard Delgado
Publisher: NYU Press
ISBN: 1479830747
Category : Law
Languages : en
Pages : 105
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Book Description
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Author: Milton Mayer
Publisher: University of Chicago Press
ISBN: 022652597X
Category : History
Languages : en
Pages : 391
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Book Description
National Book Award Finalist: Never before has the mentality of the average German under the Nazi regime been made as intelligible to the outsider.” —The New York TImes They Thought They Were Free is an eloquent and provocative examination of the development of fascism in Germany. Milton Mayer’s book is a study of ten Germans and their lives from 1933-45, based on interviews he conducted after the war when he lived in Germany. Mayer had a position as a research professor at the University of Frankfurt and lived in a nearby small Hessian town which he disguised with the name “Kronenberg.” These ten men were not men of distinction, according to Mayer, but they had been members of the Nazi Party; Mayer wanted to discover what had made them Nazis. His discussions with them of Nazism, the rise of the Reich, and mass complicity with evil became the backbone of this book, an indictment of the ordinary German that is all the more powerful for its refusal to let the rest of us pretend that our moment, our society, our country are fundamentally immune. A new foreword to this edition by eminent historian of the Reich Richard J. Evans puts the book in historical and contemporary context. We live in an age of fervid politics and hyperbolic rhetoric. They Thought They Were Free cuts through that, revealing instead the slow, quiet accretions of change, complicity, and abdication of moral authority that quietly mark the rise of evil.
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 233
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Book Description
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.
Author: Annie Jacobsen
Publisher: Little, Brown
ISBN: 0316221058
Category : Science
Languages : en
Pages : 626
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Book Description
The “remarkable” story of America's secret post-WWII science programs (The Boston Globe), from the New York Times bestselling author of Area 51. In the chaos following World War II, the U.S. government faced many difficult decisions, including what to do with the Third Reich's scientific minds. These were the brains behind the Nazis' once-indomitable war machine. So began Operation Paperclip, a decades-long, covert project to bring Hitler's scientists and their families to the United States. Many of these men were accused of war crimes, and others had stood trial at Nuremberg; one was convicted of mass murder and slavery. They were also directly responsible for major advances in rocketry, medical treatments, and the U.S. space program. Was Operation Paperclip a moral outrage, or did it help America win the Cold War? Drawing on exclusive interviews with dozens of Paperclip family members, colleagues, and interrogators, and with access to German archival documents (including previously unseen papers made available by direct descendants of the Third Reich's ranking members), files obtained through the Freedom of Information Act, and dossiers discovered in government archives and at Harvard University, Annie Jacobsen follows more than a dozen German scientists through their postwar lives and into a startling, complex, nefarious, and jealously guarded government secret of the twentieth century. In this definitive, controversial look at one of America's most strategic, and disturbing, government programs, Jacobsen shows just how dark government can get in the name of national security. "Harrowing...How Dr. Strangelove came to America and thrived, told in graphic detail." —Kirkus Reviews
Author: Eric A. Johnson
Publisher: Basic Books (AZ)
ISBN: 0465085725
Category : History
Languages : en
Pages : 460
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Book Description
Drawing on interviews with four thousand German Jews and non-Jewish Germans who experienced the Third Reich firsthand, presents an oral history of life in Nazi Germany, addressing such issues as guilt and ignorance concerning the mass murder of European Jews, anti-Semitism, and the popular appeal of Hitler and National Socialism.
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
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Book Description
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.
