The Content and Context of Hate Speech: Rethinking Regulation and Responses
Michael Herz, Peter Molnar
Cambridge University Press, Apr 9, 2012 - Law - 544 pages
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?
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acts Al Zawraa Amendment American anti-Semitic argued argument Article beliefs broadcasting chapter civil codes constitutional context Convention conviction Council Council of Europe counterspeech crime criminal cross burning cultural danger debate defamation democracy democratic discrimination effective enforcement ethnic European Court Eutelsat example free speech freedom of expression freedom of speech groups harassment harm hate speech laws hate speech regulation hatred Holocaust denial Human Rights ideas imminent incitement to violence individual insult Islam Jeremy Waldron Jews jurisprudence justify legitimacy Mahmoud Ahmadinejad mass media minority Muslims Nadine Strossen norms offensive ofhate speech ofspeech ofthe opinion people’s Peter Molnar political principle prohibition prosecution protection provides public discourse punishment racial racist racist speech relevant religion religious response restrictions Robert Post Rwanda satellite social society state’s statute suppression supra note Supreme Court target tolerance Tutsi United University Press