Extreme Speech and Democracy

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Ivan Hare, James Weinstein
OUP Oxford, Nov 18, 2010 - Law - 647 pages
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. Incontrast, 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 speechand 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.
 

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Contents

Table of Cases
xxvii
Table of Legislation
xxxix
Table of Conventions and International Instruments
xlix
List of Contributors
liii
Free Speech Democracy and the Suppression of Extreme Speech Past and Present
1
INTRODUCTION AND BACKGROUND
9
HATE SPEECH
121
INCITEMENT TO RELIGIOUS HATRED AND RELATED TOPICS
287
RELIGIOUS SPEECH AND EXPRESSIVE CONDUCT THAT OFFEND SECULAR VALUES
355
INCITEMENT TO AND GLORIFICATION OF TERRORISM
443
HOLOCAUST DENIAL
509
GOVERNMENTAL AND SELFREGULATION OF THE MEDIA
581
Index
631
Copyright

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About the author (2010)


Ivan Hare is a Barrister at Blackstone Chambers and a former Fellow of Trinity College, Cambridge.

James Weinstein is the Amelia D. Lewis Professor of Constitutional Law at Sandra Day O'Connor College of Law, Arizona State University

Contributors:
Eric Barendt
David Bodney
Tufyal Choudhury
Ian Cram
David Edgar
Carolyn Evans
John Finnis
David Fraser
Dieter Grimm
Ivan Hare
Eric Heinze
Ian Leigh
Jose Liht
Maleiha Malik
Dominic McGoldrick
Robert Post
Amnon Reichman
Jacob Rowbottom
Sara Savage
Wayne Sumner
Patrick Weil
James Weinstein
Michael Whine
David Williams

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