Extreme Speech And Democracy
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Extreme Speech And Democracy
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Author : Ivan Hare
language : en
Publisher: OUP Oxford
Release Date : 2010-11-18
Extreme Speech And Democracy written by Ivan Hare and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-18 with Law categories.
A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions: What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Has the traditional US position on extreme expression justifiably not found favour elsewhere? Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances? With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.
Extreme Speech And Democracy
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Author :
language : en
Publisher:
Release Date : 2009
Extreme Speech And Democracy written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Freedom of speech categories.
This title considers the constitutionality of hate speech regulation, and examines how liberal democracies have adopted fundamental differences in the way they respond to racist or extreme expressions.
The Most Human Right
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Author : Eric Heinze
language : en
Publisher: MIT Press
Release Date : 2023-09-19
The Most Human Right written by Eric Heinze and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-19 with Political Science categories.
A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others. What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a “right” makes no sense. Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present.
The Harm In Hate Speech
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Author : Jeremy Waldron
language : en
Publisher: Harvard University Press
Release Date : 2012-06-04
The Harm In Hate Speech written by Jeremy Waldron and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-04 with Law categories.
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, the author argues 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 the author, 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. The author 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, he asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Freedom Of Speech And Incitement Against Democracy
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Author : David Kretzmer
language : en
Publisher: BRILL
Release Date : 2021-08-04
Freedom Of Speech And Incitement Against Democracy written by David Kretzmer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.
Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how.
Hate Speech And Democratic Citizenship
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Author : Eric Heinze
language : en
Publisher: Oxford University Press
Release Date : 2016-02-04
Hate Speech And Democratic Citizenship written by Eric Heinze and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-04 with Law categories.
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
Cancel Wars
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Author : Sigal R. Ben-Porath
language : en
Publisher: University of Chicago Press
Release Date : 2023-01-16
Cancel Wars written by Sigal R. Ben-Porath and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-16 with Education categories.
An even-handed exploration of the polarized state of campus politics that suggests ways for schools and universities to encourage discourse across difference. College campuses have become flashpoints of the current culture war and, consequently, much ink has been spilled over the relationship between universities and the cultivation or coddling of young American minds. Philosopher Sigal R. Ben-Porath takes head-on arguments that infantilize students who speak out against violent and racist discourse on campus or rehash interpretations of the First Amendment. Ben-Porath sets out to demonstrate the role of the university in American society and, specifically, how it can model free speech in ways that promote democratic ideals. In Cancel Wars, she argues that the escalating struggles over “cancel culture,” “safe spaces,” and free speech on campus are a manifestation of broader democratic erosion in the United States. At the same time, she takes a nuanced approach to the legitimate claims of harm put forward by those who are targeted by hate speech. Ben-Porath’s focus on the boundaries of acceptable speech (and on the disproportional impact that hate speech has on marginalized groups) sheds light on the responsibility of institutions to respond to extreme speech in ways that proactively establish conversations across difference. Establishing these conversations has profound implications for political discourse beyond the boundaries of collegiate institutions. If we can draw on the truth, expertise, and reliable sources of information that are within the work of academic institutions, we might harness the shared construction of knowledge that takes place at schools, colleges, and universities against truth decay. Of interest to teachers and school leaders, this book shows that by expanding and disseminating knowledge, universities can help rekindle the civic trust that is necessary for revitalizing democracy.
Free Speech And The State
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Author : David van Mill
language : en
Publisher: Springer
Release Date : 2017-01-23
Free Speech And The State written by David van Mill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-23 with Political Science categories.
This book addresses the question: “What should be the appropriate limits to free speech?” The author claims that it is the state, rather than abstract principles, that must provide the answer. The book defends a version of Hobbesian absolutism and rejects the dominant liberal idea that there is a right (human or civil) setting the boundaries of free speech. This liberal view can be known as the “principled defence of free speech”, in which speech is established as a constitutional principle that has priority over the state. The author instead offers an “unprincipled approach to free speech”, suggesting that the boundaries of speech must necessarily be set by the state, which in liberal democracies means through social and political contestation. The final chapter applies the argument to the topic of hate speech and argues that it is appropriate to limit such speech when it causes harm and offense. The book will be of use to students and scholars across political theory, political science, sociology, philosophy and law.
Free Speech
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Author : Jacob Mchangama
language : en
Publisher: Hachette UK
Release Date : 2022-02-08
Free Speech written by Jacob Mchangama and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Political Science categories.
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.
Extreme Democracy
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Author : Jon Lebkowsky
language : en
Publisher: Lulu.com
Release Date : 2005-06-01
Extreme Democracy written by Jon Lebkowsky and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-01 with Social Science categories.
Are blogs and other emerging technologies changing the face of politics? Extreme Democracy is a collection of writings about the impact of technology on the political process. Authors include Steven Johnson, Joi Ito, David Weinberger, Jay Rosen, Mitch Ratcliffe, Jon Lebkowsky, danah boyd, and many others. Jon Lebkowsky discusses Extreme Democracy in an interview on the WELL, currently in progress.