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HATE

Why We Should Resist it With Free Speech, Not Censorship

Häftad, Engelska, 2020

AvNadine Strossen

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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.

Produktinformation

Utgivningsdatum2020-06-11
Mått140 x 208 x 22 mm
Vikt295 g
FormatHäftad
SpråkEngelska
SerieInalienable Rights
Antal sidor272
FörlagOUP USA
ISBN9780190089009

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Nadine Strossen is John Marshall Harlan II Professor of Law at New York Law School and the first woman national President of the American Civil Liberties Union, where she served from 1991 through 2008. A frequent speaker on constitutional and civil liberties issues, her media appearances include 60 Minutes, CBS Sunday Morning, Today, Good Morning America, The Daily Show, and other news programs on CNN, C-SPAN, Fox, Al-Jazeera, and in Australia, Britain, Canada, France, Germany, Italy, and Spain. Her op-eds have appeared in The New York Times, The Washington Post, The Washington Times, and USA Today, among others.

AcknowledgmentsEditor's NoteKey Terms and ConceptsPreface to the PaperbackIntroduction Chapter 1: Overview Chapter 2: "Hate Speech" Laws Violate Fundamental Free Speech and Equality PrinciplesChapter 3: When "Hate Speech" Is Protected and When It Is PunishableChapter 4: Because of Their Intractable Vagueness and Overbreadth, "Hate Speech" Laws Undermine Free Speech and EqualityChapter 5: Is It Possible to Draft a "Hate Speech" Law That Is Not Unduly Vague or Overbroad?Chapter 6: Does Constitutionally Protected "Hate Speech" Actually Cause the Feared Harms?Chapter 7: "Hate Speech" Laws are at Best Ineffective and at Worst CounterproductiveChapter 8: Non-Censorial Methods Effectively Curb the Potential Harms of Constitutionally Protected "Hate Speech"Chapter 9: Conclusion: Looking Back--and ForwardIndex