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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.
This book investigates whether government censorship of hate speech is an effective or constitutional method for reducing societal harm and promoting equality. Nadine Strossen, a former president of the American Civil Liberties Union and professor of law, utilizes a combination of constitutional analysis, historical precedent, and international comparative data to argue that the First Amendment framework provides a superior alternative to censorship. She posits that the most effective way to combat hateful ideologies is through active counterspeech and social activism rather than state-imposed restrictions.
What You Will Find
Scope Limits
Legal scholars and civil libertarians frequently cite this work as a foundational text for understanding the nuances of the First Amendment in the modern era. Readers often note the academic rigor of the prose while appreciating the author's ability to translate complex legal precedents into accessible arguments.
Page Count:
232
Publication Date:
2018-05-01
Publisher:
Oxford University Press
ISBN-10:
0190859121
ISBN-13:
9780190859121
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