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The Content and Context of Hate Speech

Rethinking Regulation and Responses

By: Michael Herz (Editor), Peter Molnar (Editor)

Hardcover

Published: 30th April 2012
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The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories, and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: Is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

Contributorsp. ix
Foreword: Hate Speech and the Coming Death of the International Standard before It Was Born (Complaints of a Watchdog)p. xiii
Foreword: Hate Speech and Common Sensep. xix
Acknowledgmentsp. xxiii
Introductionp. 1
Overviews
Interview with Robert Postp. 11
Is There a Case for Banning Hate Speech?p. 37
Hate Speechp. 57
Interview with Kenan Malikp. 81
Hate Speech and the Demosp. 92
On American Hate Speech Lawp. 116
Refinements and Distinctions
Social Epistemology, Holocaust Denial, and the Post-Millian Calculusp. 129
Denying Experience: Holocaust Denial and the Free-Speech Theory of the Statep. 144
What's Wrong with Defamation of Religion?p. 164
Responding to "Hate Speech" with Art, Education, and the Imminent Danger Testp. 183
Reconceptualizing Counterspeech in Hate-Speech Policy (with a Focus on Australia)p. 198
Hate Speech and Self-Restraintp. 217
Hate Speech in Constitutional Jurisprudence: A Comparative Analysisp. 242
One Step Beyond Hate Speech: Post-Soviet Regulation of "Extremist" and "Terrorist" Speech in the Mediap. 290
Hate Speech and Comprehensive Forms of Lifep. 306
Equality and Fear
Hate Speech and Political Legitimacyp. 329
Reply to Jeremy Waldronp. 341
Waldron, Machiavelli, and Hate Speechp. 345
Shielding Marginalized Groups from Verbal Assaults Without Abusing Hate Speech Lawsp. 352
Interview with Nadine Strossenp. 378
Interview with Theodore Shawp. 399
International Law
Does International Law Provide for Consistent Rules on Hate Speech?p. 417
State-Sanctioned Incitement to Genocide: The Responsibility to Preventp. 430
A Survey and Critical Analysis of Council of Europe Strategies for Countering "Hate Speech"p. 456
The American Convention on Human Rights: Regulation of Hate Speech and Similar Expressionp. 499
Orbiting Hate? Satellite Transponders and Free Expressionp. 514
Indexp. 539
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521191098
ISBN-10: 0521191092
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 568
Published: 30th April 2012
Dimensions (cm): 22.8 x 15.2  x 2.2
Weight (kg): 0.88