Freedom Of Speech Vs Hate Speech

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HATE

Nadine Strossen
HATE Book PDF

Author : Nadine Strossen
Publisher : Oxford University Press
Page : 240 pages
File Size : 49,5 Mb
Release : 2018-04-02
Category : Law
ISBN : 9780190859138

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HATE by Nadine Strossen Pdf

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.

Free Speech and Hate Speech in the United States

Chris Demaske
Free Speech and Hate Speech in the United States Book PDF

Author : Chris Demaske
Publisher : Routledge
Page : 188 pages
File Size : 52,7 Mb
Release : 2020-10-07
Category : Social Science
ISBN : 9781000203417

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Free Speech and Hate Speech in the United States by Chris Demaske Pdf

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.

Free Speech and Censorship Around the Globe

Péter Molnár
Free Speech and Censorship Around the Globe Book PDF

Author : Péter Molnár
Publisher : Central European University Press
Page : 562 pages
File Size : 44,7 Mb
Release : 2015-02-01
Category : Political Science
ISBN : 9789633860571

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Free Speech and Censorship Around the Globe by Péter Molnár Pdf

This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.

Dilemmas of Free Expression

Emmett Macfarlane
Dilemmas of Free Expression Book PDF

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 331 pages
File Size : 51,7 Mb
Release : 2021-11-08
Category : Freedom of expression
ISBN : 9781487529307

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Dilemmas of Free Expression by Emmett Macfarlane Pdf

Free expression is under threat. Social media and fake news, misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.

Speaking Back

Katharine Gelber
Speaking Back Book PDF

Author : Katharine Gelber
Publisher : John Benjamins Publishing
Page : 200 pages
File Size : 50,5 Mb
Release : 2002
Category : Language Arts & Disciplines
ISBN : 9027226911

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Speaking Back by Katharine Gelber Pdf

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.

It's Not Free Speech

Michael Bérubé,Jennifer Ruth
It s Not Free Speech Book PDF

Author : Michael Bérubé,Jennifer Ruth
Publisher : JHU Press
Page : 304 pages
File Size : 42,9 Mb
Release : 2022-04-26
Category : Education
ISBN : 9781421443881

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It's Not Free Speech by Michael Bérubé,Jennifer Ruth Pdf

How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.

Speech and Harm

Ishani Maitra,Mary Kate McGowan
Speech and Harm Book PDF

Author : Ishani Maitra,Mary Kate McGowan
Publisher : Oxford University Press on Demand
Page : 276 pages
File Size : 52,6 Mb
Release : 2012-05-31
Category : Law
ISBN : 9780199236282

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Speech and Harm by Ishani Maitra,Mary Kate McGowan Pdf

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.

Regulating Free Speech in a Digital Age

David Bromell
Regulating Free Speech in a Digital Age Book PDF

Author : David Bromell
Publisher : Springer Nature
Page : 241 pages
File Size : 41,6 Mb
Release : 2022-02-11
Category : Political Science
ISBN : 9783030955502

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Regulating Free Speech in a Digital Age by David Bromell Pdf

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.

Freedom of Expression and Religious Hate Speech in Europe

Erica Howard
Freedom of Expression and Religious Hate Speech in Europe Book PDF

Author : Erica Howard
Publisher : Routledge
Page : 191 pages
File Size : 40,7 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351998789

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Freedom of Expression and Religious Hate Speech in Europe by Erica Howard Pdf

In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.

The Harm in Hate Speech

Jeremy Waldron
The Harm in Hate Speech Book PDF

Author : Jeremy Waldron
Publisher : Harvard University Press
Page : 271 pages
File Size : 53,5 Mb
Release : 2012-06-08
Category : Law
ISBN : 9780674069916

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The Harm in Hate Speech by Jeremy Waldron Pdf

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.

Free Speech

Matteo Bonotti,Jonathan Seglow
Free Speech Book PDF

Author : Matteo Bonotti,Jonathan Seglow
Publisher : John Wiley & Sons
Page : 117 pages
File Size : 47,6 Mb
Release : 2021-05-24
Category : Philosophy
ISBN : 9781509526482

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Free Speech by Matteo Bonotti,Jonathan Seglow Pdf

Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.

The Content and Context of Hate Speech

Michael Herz,Peter Molnar
The Content and Context of Hate Speech Book PDF

Author : Michael Herz,Peter Molnar
Publisher : Cambridge University Press
Page : 569 pages
File Size : 47,6 Mb
Release : 2012-04-09
Category : Law
ISBN : 9780521191098

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The Content and Context of Hate Speech by Michael Herz,Peter Molnar Pdf

This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries.

Free Speech And Why It Matters

Andrew Doyle
Free Speech And Why It Matters Book PDF

Author : Andrew Doyle
Publisher : Constable
Page : 160 pages
File Size : 55,5 Mb
Release : 2021-02-25
Category : Political Science
ISBN : 9780349135397

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Free Speech And Why It Matters by Andrew Doyle Pdf

'A fantastically timely book written by one of the smartest thinkers in Britain' Piers Morgan 'Impassioned, scholarly and succinct' The Times Free speech is the bedrock of all our liberties, and yet in recent years it has come to be mistrusted. A new form of social justice activism, which perceives language as potentially violent, has prompted a national debate on where the limitations of acceptable speech should be drawn. Governments throughout Europe have enacted 'hate speech' legislation to curb the dissemination of objectionable ideas, Silicon Valley tech giants are collaborating to ensure that they control the limitations of public discourse, and campaigners in the US are calling for revisions to the First Amendment. However well-intentioned, these trends represent a threat to the freedoms that our ancestors fought and died to secure. In this incisive and fascinating book, Andrew Doyle addresses head-on the most common concerns of free speech sceptics, and offers a timely and robust defence of this most foundational of principles.

Freedom of speech vs. Hate speech

Caroline Mutuku
Freedom of speech vs Hate speech Book PDF

Author : Caroline Mutuku
Publisher : GRIN Verlag
Page : 5 pages
File Size : 49,5 Mb
Release : 2018-06-14
Category : Law
ISBN : 9783668726093

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Freedom of speech vs. Hate speech by Caroline Mutuku Pdf

Essay from the year 2018 in the subject Law - Civil Action / Lawsuit Law, grade: 1.2, , language: English, abstract: Freedom of speech appears to be one of the most fundamental rights of the U.S citizens. This provision is protected by the U.S Constitution through the First Amendment of the American Constitution; therefore, it guarantees the U.S citizens with freedom of expression. The amendment states, “Congress shall make no law... abridging the freedom of speech or of the press” (Germani par. 1). However, hate speech is regarded to as a legal crime because; it interferes with other provisions in the U.S Bill of Rights. As a result, there have been numerous enactments carried out by the U.S Legislature to protect the loyalty of the U.S citizens through expression. In regard to the First Amendment of the U.S Constitution, an individual can be convicted of hate speech crime in circumstances where one’s statements evoke violence. Moreover, statements, which constitute threats to other people or the Government, are regarded to as hate speech crime. However, conviction of an individual for crimes related to hate speech requires legal approaches to justify the individual’s breach of the law. Huhn states, “Even in cases where it is clear that a person is threatening violence.., the person may be criminally prosecuted only if the law in question is carefully drawn so that it applies only in appropriate cases”

The Oxford Handbook of Freedom of Speech

Adrienne Stone,Frederick Schauer
The Oxford Handbook of Freedom of Speech Book PDF

Author : Adrienne Stone,Frederick Schauer
Publisher : Oxford University Press
Page : 704 pages
File Size : 50,5 Mb
Release : 2021-01-26
Category : Law
ISBN : 9780192562623

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The Oxford Handbook of Freedom of Speech by Adrienne Stone,Frederick Schauer Pdf

Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It 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. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.