Speaking Back

Speaking Back
Author: Katharine Gelber
Publisher: John Benjamins Publishing
Total Pages: 200
Release: 2002
Genre: Language Arts & Disciplines
ISBN: 9789027226914

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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.

Words That Wound

Words That Wound
Author: Mari J Matsuda
Publisher: Routledge
Total Pages: 223
Release: 2018-03-08
Genre: Social Science
ISBN: 0429982577

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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.

The Hate Debate

The Hate Debate
Author: Paul Iganski
Publisher: Profile Books(GB)
Total Pages: 144
Release: 2002
Genre: Hate crimes
ISBN: 9781861974495

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The hate debate is becoming increasingly urgent in both the US and the UK. This provocative collection helps frame that debate by asking all the right questions - and at the right time. Is justice served when someone committing an act of violence because of prejudice is punished more severely than someone who perpetrates the same assault for other reasons? That's the question posed by critics of 'hate crime' laws in the United States. It is also the central question addressed in The Hate Debate. Opponents say that hate crime laws infringe one's right to freedom of expression. They maintain that 'extra punishment' is not for the act itself, but for the bad VALUES and thoughts motivating the crime. On the other hand, supporters of hate crime laws argue that greater punishment is warranted because, in effect, hate crimes hurt more. The societal and other harms make hate crimes qualitatively different from crimes motivated on other grounds. What explains the emergence and extension of hate crime laws in the United States and in Britain? Do hate crime laws really create 'thought crimes'? Is extra punishment the best way to deal with hate? This collection of essays by leading commentators on both sides of the Atlantic seeks to clear a path through the current debate. Contributors: Elizabeth Burney, Senior Research Associate at Cambridge University's Institute of Criminology; Jeff Jacoby, award-winning columnist for the Boston Globe; Valerie Jenness, Chair of the Department of Criminology and associate professor, University of California, Irvine; Frederick M. Lawrence, Law Alumni Scholar and Professor of Law, Boston University Law School; Jack Levin, is the Brudnick Professor of Sociology and Criminology and Director of the Brudnick Center on Violence and Conflict, Northeastern University, Boston; Melanie Phillips, social commentator and columnist; Larry Ray, Professor of Sociology, University of Kent; David Smith, Professor of Social Work, Lancaster University; Peter Tatchell, journalist, author, broadcaster and campaigner on gay and other human rights.

The Harm in Hate Speech

The Harm in Hate Speech
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 271
Release: 2012-06-08
Genre: Law
ISBN: 0674069919

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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.

Freedom for the Thought That We Hate

Freedom for the Thought That We Hate
Author: Anthony Lewis
Publisher: ReadHowYouWant.com
Total Pages: 262
Release: 2010
Genre: History
ISBN: 1458758389

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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.

HATE

HATE
Author: Nadine Strossen
Publisher: Oxford University Press
Total Pages: 233
Release: 2018-04-02
Genre: Law
ISBN: 019085913X

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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.

Debating Hate Speech

Debating Hate Speech
Author: Eric Heinze
Publisher: Hart Publishing
Total Pages: 0
Release: 2023-08-03
Genre: Law
ISBN: 184946264X

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Does hate speech undermine democracy by attacking its most vulnerable members? Does it threaten the equal dignity of all citizens? Heinze and Phillipson draw on law, politics, philosophy and ethics to debate these and other questions.

The Content and Context of Hate Speech

The Content and Context of Hate Speech
Author: Michael Herz
Publisher: Cambridge University Press
Total Pages: 569
Release: 2012-04-09
Genre: Law
ISBN: 1107375614

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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?