opposing hate speech

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Opposing Hate Speech

Author : Anthony Joseph Paul Cortese
ISBN : 0275984273
Genre : Political Science
File Size : 80. 78 MB
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Shows how hate speech in all its forms, whether on the street or in the media, can lead to hate crimes, and argues that the harm it can cause needs to be weighed against the competing value of freedom of expression.

Must We Defend Nazis

Author : Richard Delgado
ISBN : 9780814721049
Genre : Law
File Size : 67. 31 MB
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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.

Should Race Matter

Author : David Boonin
ISBN : 9781139500302
Genre : Philosophy
File Size : 70. 62 MB
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In this book, philosopher David Boonin attempts to answer the moral questions raised by five important and widely contested racial practices: slave reparations, affirmative action, hate speech restrictions, hate crime laws and racial profiling. Arguing from premises that virtually everyone on both sides of the debates over these issues already accepts, Boonin arrives at an unusual and unorthodox set of conclusions, one that is neither liberal nor conservative, color conscious nor color blind. Defended with the rigor that has characterized his previous work but written in a more widely accessible style, this provocative and important new book is sure to spark controversy and should be of interest to philosophers, legal theorists and anyone interested in trying to resolve the debate over these important and divisive issues.

Campus Hate Speech On Trial

Author : Timothy C. Shiell
ISBN : STANFORD:36105134459507
Genre : Education
File Size : 61. 62 MB
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Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument. In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a nonhostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection. Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take. The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostileenvironment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike. Shiell eloquently makes the case that campus speech codes--no matter how well grounded in history, law, or philosophy--have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.

Hate

Author : Nadine Strossen
ISBN : 9780190859145
Genre : Law
File Size : 83. 14 MB
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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.

Provocateur

Author : Anthony J. Cortese
ISBN : 0742568768
Genre : Social Science
File Size : 40. 29 MB
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In the third edition of Provocateur, sociologist Anthony Cortese offers an in-depth critical analysis of modern advertising_perhaps the most powerful cultural and economic institution. Focusing on images of women and minorities, he unravels the ideologies of domination and control in contemporary commerce. The depiction of ethnic and gender relations in advertising subtly colors our understanding of status arrangements and social boundaries. Connecting these images to periods of social change also highlights, in a more nuanced way, the social norms and cultural ideologies of a particular age. The third edition includes updated advertisements and analyses, and Cortese concludes with policy implications for advertising. The previous edition of Provocateur was honored by CHOICE magazine as an Outstanding Academic Title, with its highest rating: 'Essential.'

Modern Power And Free Speech

Author : Chris Demaske
ISBN : 9780739127841
Genre : Law
File Size : 84. 63 MB
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Modern Power and Free Speech takes a socio-political approach to question the application of the First Amendment in cases dealing with the speech rights of disempowered groups. Combining legal analysis, First Amendment theory, feminist theory, and political theory, Chris Demaske addresses the inadequacies of current free-speech doctrine.

The Harm In Hate Speech

Author : Jeremy Waldron
ISBN : 9780674065086
Genre : Law
File Size : 75. 78 MB
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For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Waldron rejects this view, and makes the case that hate speech should be regulated as part of a commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

Speaking Of Race Speaking Of Sex

Author : Henry Louis Gates Jr.
ISBN : 9780814730904
Genre : Law
File Size : 24. 62 MB
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At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, Speaking of Race, Speaking of Sex demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas. Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.

Civil Liberties

Author : Tamara L. Roleff
ISBN : STANFORD:36105060433807
Genre : Juvenile Nonfiction
File Size : 45. 70 MB
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A collection of essays discussing both sides of such topics as restricting freedom of expression, the right to privacy, the separation of church and state, and how the Internet affects civil liberties

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