Speech And Harm
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Speech And Harm
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Author : Ishani Maitra
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-05-31
Speech And Harm written by Ishani Maitra and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-31 with Law categories.
Most liberal societies are deeply committed to free speech, but there is evidence that some kinds of speech can be harmful in ways that are detrimental to important liberal values, such as social inequality. This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.
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.
Just Words
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Author : Mary Kathryn McGowan
language : en
Publisher: Oxford University Press
Release Date : 2019
Just Words written by Mary Kathryn McGowan 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 2019 with Language Arts & Disciplines categories.
We all know that speech can be harmful. But how? Mary Kate McGowan argues that speech constitutes harm when it enacts a norm that prescribes that harm. She investigates such harms as oppression, subordination, and discrimination in such forms of speech as sexist remarks, racist hate speech, pornography, verbal triggers, and micro-aggressions.
Hate
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Author : Nadine Strossen
language : en
Publisher: Oxford University Press
Release Date : 2018-04-02
Hate written by Nadine Strossen 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 2018-04-02 with Law categories.
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.
Atrocity Speech Law
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Author : Gregory S. Gordon
language : en
Publisher: Oxford University Press
Release Date : 2017
Atrocity Speech Law written by Gregory S. Gordon 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 2017 with History categories.
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
The Content And Context Of Hate Speech
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Author : Michael Herz
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-09
The Content And Context Of Hate Speech written by Michael Herz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-09 with Law categories.
This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries.
Freedom For The Thought That We Hate
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Author : Anthony Lewis
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010
Freedom For The Thought That We Hate written by Anthony Lewis and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
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.
The Perilous Public Square
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Author : David E. Pozen
language : en
Publisher: Columbia University Press
Release Date : 2020-06-16
The Perilous Public Square written by David E. Pozen and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-16 with Language Arts & Disciplines categories.
Americans of all political persuasions fear that “free speech” is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting—from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the “fake news,” trolling, and increasingly subtle modes of surveillance made possible by digital technologies. The Perilous Public Square brings together leading thinkers to identify and investigate today’s multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism. Beginning with Tim Wu’s inquiry into whether the First Amendment is obsolete, Matthew Connelly, Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain, and Heather Whitney explore ways to address these dangers and preserve the essential features of a healthy democracy. Their conversations with other leading thinkers, including Danielle Keats Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca Tushnet, and Kirsten Weld, cross the disciplinary boundaries of First Amendment law, internet law, media policy, journalism, legal history, and legal theory, offering fresh perspectives on fortifying the speech system and reinvigorating the public square.
Human Liberty And Freedom Of Speech
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Author : C. Edwin Baker
language : en
Publisher: Oxford University Press
Release Date : 1992-10-01
Human Liberty And Freedom Of Speech written by C. Edwin Baker 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 1992-10-01 with Law categories.
Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.