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Vol 21 No 11 Nov/Dec 2016

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The Content and Context of Hate Speech: Rethinking Regulation and Responses

Edited by: Michael Herz, Peter Molnar

ISBN13: 9780521138369
Published: June 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99



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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?

Subjects:
Criminal Law
Contents:
Part I. Overviews
1. Interview with Robert Post Peter Molnar and Robert Post
2. Is there a case for banning hate speech Bhikhu Parekh
3. Hate speech C. Edwin Baker
4. Interview with Kenan Malik Peter Molnar and Kenan Malik
5. Hate speech and the demos Jamal Greene
6. On American hate speech law Floyd Abrams

Part II. Refinements and Distinctions
7. Social epistemology, holocaust denial, and the post-millian calculus Frederick Schauer
8. Denying experience: holocaust denial and the free speech theory of the state Julie Suk
9. What's wrong with defamation of religion? Kwame Anthony Appiah
10. 'Hate speech' and imminent danger of violence Peter Molnar
11. Reconceptualizing counter-speech in hate speech policy (with a focus on Australia) Katharine Gelber
12. Hate speech and self-restraint Arthur Jacobson and Bernhard Schlink
13. Hate speech in constitutional jurisprudence: a comparative analysis Michel Rosenfeld
14. One step beyond hate speech: post-soviet regulation of 'extremist' and 'terrorist' speech in the media Andrei Richter
15. Hate speech and comprehensive forms of life Alon Harel

Part III. Equality and Fear
16. Hate speech and political legitimacy Jeremy Waldron
17. Reply to Jeremy Waldron Ronald Dworkin
18. Waldron, Machiavelli, and hate speech Stephen Holmes
19. Shielding marginalized groups from verbal assaults without abusing hate speech laws Yared Legesse Mengistu
20. Interview with Nadine Strossen Peter Molnar and Nadine Strossen
21. Interview with Theodore Shaw Peter Molnar and Theodore Shaw

Part IV. International Law
22. Does international law provide for consistent rules on hate speech? Toby Mendel
23. State-sanctioned incitement to genocide: the responsibility to prevent Irwin Cotler
24. A survey and critical analysis of council of europe strategies for countering 'hate speech' Tarlach McGonagle
25. The American convention on human rights: regulation of hate speech and similar expression Eduardo Bertoni and Julio Rivera Jr.
26. Orbiting hate: satellite transponders and free expression Monroe Price.