HATE

HATE

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.

Author: Nadine Strossen

Publisher: Oxford University Press

ISBN: 9780190859145

Category: Law

Page: 240

View: 370

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.
Categories: Law

Getting the Message

Getting the Message

John Paul Stevens, “The Freedom of Speech,” Yale Law School, October 27, 1993. 7. Nadine Strossen, HATE: Why We Should Resist It with Free Speech, Not Censorship (Inalienable Rights) (Oxford University Press, 2018), xxxi, Kindle. 8.

Author: George A. Goens

Publisher: Rowman & Littlefield Publishers

ISBN: 9781475853865

Category: Education

Page: 141

View: 265

Society today is fragmented. There are frequent examples of harsh and abrasive discourse in social, employment, personal, and political settings. Name-calling, conceit, and vulgarity are frequently used in social media, and other forms of social interaction and discussion. Communication is a critical issue in today’s society. We live in a technological time with the means to easily contact people. However, the quality and effectiveness of communication is problematic: real connections with others require understanding and insight into them and their thinking. That is the purpose of true communication. Individuals must understand the content and intent of communication. The missing link in quality and effective communication is listening. Everyone wants to be heard, but they fail to realize that all parties must listen. Listening is an essential skill and is more than simply hearing. Communication is essential in all facets of life because it concerns not only the physical process of talking and listening, but also emotional and psychological concerns and ethics. The nature of the conversation brings expectations and either opens or closes doors to further communication.
Categories: Education

Hate Groups

Hate Groups

Hate: Why We Should Resist It with Free Speech, Not Censorship (Inalienable Rights). New York, NY: Oxford University Press, 2020. Stanislav Vysotsky. American Antifa (Routledge Studies in Fascism and the Far Right).

Author:

Publisher: Greenhaven Publishing LLC

ISBN: 9781534507791

Category: Young Adult Nonfiction

Page: 176

View: 238

Hate groups undeniably have a negative connotation, but through examining the issues related to hate groups it becomes clear that the topic is much more complicated than it may initially appear. This volume examines how hate groups are defined, who gets to label certain groups as hate groups, the legal standing of these groups, and what can be done to stop them. Answers to these questions among various others are presented through a wide range of perspectives, helping readers better understand this commonly oversimplified and controversial issue.
Categories: Young Adult Nonfiction

Saving the News

Saving the News

Why the Constitution Calls for Government Action to Preserve Freedom of Speech Martha Minow ... Surveillance in a Digital Age Laura K. Donohue HATE Why We Should Resist It with Free Speech, Not Censorship Nadine Strossen The Invisible ...

Author: Martha Minow

Publisher: Oxford University Press

ISBN: 9780190948436

Category: Law

Page: 240

View: 616

A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In Saving the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.
Categories: Law

Hate Speech and Human Rights in Eastern Europe

Hate Speech and Human Rights in Eastern Europe

The European Convention on Human Rights: A Commentary. 1st ed. ... The Victims' Rights Directive 2012/29/EU: European Implementation Assessment: Study. ... Hate: Why We Should Resist It with Free Speech, Not Censorship. Inalienable ...

Author: Viera Pejchal

Publisher: Routledge

ISBN: 9781000057690

Category: Law

Page: 352

View: 574

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.
Categories: Law

Beyond Belief Beyond Conscience

Beyond Belief  Beyond Conscience

The Radical Significance of the Free Exercise of Religion Jack N. Rakove ... Constitutional Disobedience Louis Michael Seidman The Twilight of Human Rights Law Eric A. Posner HATE Why We Should Resist It with Free Speech, Not Censorship ...

Author: Jack N. Rakove

Publisher: Oxford University Press, USA

ISBN: 9780195305814

Category: History

Page: 241

View: 980

"Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--
Categories: History

The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies

Coercive Interrogation and the Fifth Amendment after 9/11 Alan M. Dershowitz The Future of Foreign Intelligence Privacy and Surveillance in a Digital Age Laura K. Donohue HATE Why We Should Resist It with Free Speech, Not Censorship ...

Author: Aziz Z. Huq

Publisher: Oxford University Press

ISBN: 9780197556832

Category: Law

Page:

View: 534

An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation. Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of "qualified immunity" when they shoot or brutalize an innocent civilian. "Qualified immunity" is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies, history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights. While doctrines such as "qualified immunity" may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in her face when she demanded her job back. In all these cases, state defendants walked away with the most minor of penalties (if any at all). Ultimately, we may have rights when challenging the state, but no remedies. In fact, federal courts have long been fickle and unreliable guardians of individual rights. To be sure, through the mid-twentieth century, the courts positioned themselves as the ultimate protector of citizens suffering the state's infringement of their rights. But they have more recently abandoned, and even aggressively repudiated, a role as the protector of individual rights in the face of abuses by the state. Ironically, this collapse highlights the position that the Framers took when setting up federal courts in the first place. A powerful historical account of the how the expansion of the immunity principle generated yawning gap between rights and remedies in contemporary America, The Collapse of Constitutional Remedies will reshape our understanding of why it has become so difficult to effectively challenge crimes committed by the state.
Categories: Law

Liars

Liars

Falsehoods and Free Speech in an Age of Deception Cass R. Sunstein ... Digital Age Laura K. Donohue HATE Why We Should Resist It with Free Speech, Not Censorship Nadine Strossen The Invisible Constitution Laurence H. Tribe Uninhibited, ...

Author: Cass R. Sunstein

Publisher: Oxford University Press

ISBN: 9780197545126

Category: Law

Page:

View: 936

A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.
Categories: Law

The Religion Clauses

The Religion Clauses

Not a Suicide Pact The Constitution in a Time of National Emergency Richard A. Posner Out of Range Why the ... Laura K. Donohue HATE Why We Should Resist It with Free Speech, Not Censorship Nadine Strossen Democracy and Equality The ...

Author: Erwin Chemerinsky

Publisher: Oxford University Press

ISBN: 9780190699758

Category: Law

Page: 240

View: 560

Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.
Categories: Law

American Constitutional History

American Constitutional History

Nadine Strossen has written Hate: Why We Should Resist It with Free Speech, Not Censorship (New York, 2020). ... Rome to the Second Amendment (Charlottesville, VA, 2020), and Adam Winkler, Gunfight: The Battle over the Right to Bear ...

Author: Jack Fruchtman

Publisher: John Wiley & Sons

ISBN: 9781119734291

Category: History

Page: 324

View: 357

Reveals how the Constitution has evolved over the past 235 years, featuring updated coverage of the 2020 presidential election and constitutional changes made by the Supreme Court up to June 2021 American Constitutional History: A Brief Introduction, Second Edition presents a concise and accessible history of the 235-year development of the Constitution since its ratification. The book is organized around five distinct periods in U.S. history—the New Republic, the Slave Republic, the Free-Market Republic, the Social Welfare Republic, and the Contemporary Republic—to demonstrate the evolution of the American republic and its founding document over time. With an engaging narrative approach, author Jack Fruchtman describes how constitutional changes have occurred through both formal amendments and informal decisions by the president, Congress, and the Supreme Court. Updated to cover the period from 2015 to 2021, the second edition examines the controversial presidential election of 2020 in which Donald Trump, despite losing the electoral and popular vote, claimed victory and espoused charges of widespread election fraud. New coverage of the addition of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the Supreme Court is complemented by discussion of important decisions made after 2015, including affirming same-sex marriage, a woman's right to abortion under certain circumstances, the right to own and carry a firearm, and the central place of religious liberty in American society. This book also: Highlights the Constitution's evolution through government regulation of the economy, individual and civil rights, and executive power Reflects the evolution of constitutional changes made by the Supreme Court up to June 2021 Discusses topics such as the ideological origins of the U.S Constitution, the Civil War and Reconstruction, the civil rights movement, and growth of executive power Includes chapter overviews, summaries, and descriptions of formal constitutional amendments ratified by the states American Constitutional History: A Brief Introduction, Second Edition is an excellent introductory textbook for upper-level undergraduate and graduate courses in American history and political science and a must-read for general readers seeking insights into the origins and evolution of the U.S. Constitution.
Categories: History