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Vol 21 No 11 Nov/Dec 2016

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Human Rights

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ISBN13: 9789041102652
ISBN: 9041102655
Published: July 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £172.00



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This work presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justifiable in the decision law of other states. The author describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.

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Contents:
A prolegomenon - the international protection of human rights; freedon of expression at international law and group defamation; the myth of absolutism - the First Amendment right to freedom of expression; human rights and freedom of expression - the law of group defamation in the United States; group defamation under Bristish, Canadian, Indian and Nigerian law; conclusion - ""The Right to Equal Concern and Respects"".