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Author: Ishani Maitra
Publisher: Oxford University Press, USA
ISBN: 0199236283
Category : Law
Languages : en
Pages : 276
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Book Description
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.
Author: Ishani Maitra
Publisher: Oxford University Press, USA
ISBN: 0199236283
Category : Law
Languages : en
Pages : 276
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Book Description
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.
Author: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674069919
Category : Law
Languages : en
Pages : 271
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Book Description
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.
Author: Mary Kate McGowan
Publisher: Oxford University Press
ISBN: 0192565222
Category : Philosophy
Languages : en
Pages : 192
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Book Description
We all know that speech can be harmful. But what are the harms and how exactly does the speech in question brings those harms about? Mary Kate McGowan identifies a previously overlooked mechanism by which speech constitutes, rather than merely causes, harm. She argues that speech constitutes harm when it enacts a norm that prescribes that harm. McGowan illustrates this theory by considering many categories of speech including sexist remarks, racist hate speech, pornography, verbal triggers for stereotype threat, micro-aggressions, political dog whistles, slam poetry, and even the hanging of posters. Just Words explores a variety of harms - such as oppression, subordination, discrimination, domination, harassment, and marginalization - and ways in which these harms can be remedied.
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 240
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Book Description
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. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- 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. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "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" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Author: David Bromell
Publisher: Springer Nature
ISBN: 3030955508
Category : Political Science
Languages : en
Pages : 241
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Book Description
Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.
Author: Mari J Matsuda
Publisher: Routledge
ISBN: 0429982577
Category : Social Science
Languages : en
Pages : 243
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Book Description
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.
Author: R. Cohen-Almagor
Publisher: Springer
ISBN: 0230501826
Category : Philosophy
Languages : en
Pages : 236
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Book Description
Speech, Media, and Ethics: The Limits of Free Expression is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. Moral principles are applied to analyze practical questions that deal with free expression and its limits.
Author: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674065085
Category : Law
Languages : en
Pages : 303
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Book Description
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, the author argues 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 the author, 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. The author 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, he asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category : History
Languages : en
Pages : 262
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Book Description
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.
Author: Michael Herz
Publisher: Cambridge University Press
ISBN: 1107375614
Category : Law
Languages : en
Pages : 569
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Book Description
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?
