Speaking Back PDF Download

Author: Katharine Gelber
Publisher: John Benjamins Publishing
ISBN: 9789027226914
Category : Language Arts & Disciplines
Languages : en
Pages : 200

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Book Description
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.

Author: Paul Iganski
Publisher: Profile Books(GB)
ISBN: 9781861974495
Category : Hate crimes
Languages : en
Pages : 144

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Book Description
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.

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: 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: 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: Eric Heinze
Publisher: Hart Publishing
ISBN: 184946264X
Category : Law
Languages : en
Pages : 0

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Book Description
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.

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: 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?

Author: Gagliardone, Iginio
Publisher: UNESCO Publishing
ISBN: 9231001051
Category : Education
Languages : en
Pages : 73

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Book Description
The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.

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.