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?
| Contributors | p. 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 Sense | p. xix |
| Acknowledgments | p. xxiii |
| Introduction | p. 1 |
| Overviews | |
| Interview with Robert Post | p. 11 |
| Is There a Case for Banning Hate Speech? | p. 37 |
| Hate Speech | p. 57 |
| Interview with Kenan Malik | p. 81 |
| Hate Speech and the Demos | p. 92 |
| On American Hate Speech Law | p. 116 |
| Refinements and Distinctions | |
| Social Epistemology, Holocaust Denial, and the Post-Millian Calculus | p. 129 |
| Denying Experience: Holocaust Denial and the Free-Speech Theory of the State | p. 144 |
| What's Wrong with Defamation of Religion? | p. 164 |
| Responding to "Hate Speech" with Art, Education, and the Imminent Danger Test | p. 183 |
| Reconceptualizing Counterspeech in Hate-Speech Policy (with a Focus on Australia) | p. 198 |
| Hate Speech and Self-Restraint | p. 217 |
| Hate Speech in Constitutional Jurisprudence: A Comparative Analysis | p. 242 |
| One Step Beyond Hate Speech: Post-Soviet Regulation of "Extremist" and "Terrorist" Speech in the Media | p. 290 |
| Hate Speech and Comprehensive Forms of Life | p. 306 |
| Equality and Fear | |
| Hate Speech and Political Legitimacy | p. 329 |
| Reply to Jeremy Waldron | p. 341 |
| Waldron, Machiavelli, and Hate Speech | p. 345 |
| Shielding Marginalized Groups from Verbal Assaults Without Abusing Hate Speech Laws | p. 352 |
| Interview with Nadine Strossen | p. 378 |
| Interview with Theodore Shaw | p. 399 |
| International Law | |
| Does International Law Provide for Consistent Rules on Hate Speech? | p. 417 |
| State-Sanctioned Incitement to Genocide: The Responsibility to Prevent | p. 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 Expression | p. 499 |
| Orbiting Hate? Satellite Transponders and Free Expression | p. 514 |
| Index | p. 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