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The Content and Context of Hate Speech

The Content and Context of Hate Speech Rethinking Regulation and Responses

Author: Michael Herz; Peter Molnar
Publisher: Cambridge University Press
ISBN: 9780521138369
Published In: June 2012
Format: Paperback , 568 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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?

• Seeks to reinvigorate and advance the debate on hate speech by exploring a middle ground that is contextual and historically specific

• There is a strong comparative emphasis, with examples (and authors) drawn from around the world

• The authors explore historical and cultural settings throughout

Contributors	ix
Foreword: Hate Speech and the Coming Death of the International Standard before It Was Born (Complaints of a Watchdog) Miklos Haraszti	xiii
Foreword: Hate Speech and Common Sense Adam Liptak	xix
Acknowledgments	xxiii
Introduction	1
Part I: Overviews
1 Interview with Robert Post	11
2 Is There a Case for Banning Hate Speech? Bhikhu Parekh	37
3 Hate Speech C. Edwin Baker	57
4 Interview with Kenan Malik	81
5 Hate Speech and the Demos Jamal Greene	92
6 On American Hate Speech Law Floyd Abrams	116
Part II: Refinements and Distinctions
7 Social Epistemology, Holocaust Denial, and the Post-Millian Calculus Frederick Schauer	129
8 Denying Experience: Holocaust Denial and the Free-Speech Theory of the State Julie C. Suk	144
9 What's Wrong with Defamation of Religion? Kwame Anthony Appiah	164
10 Responding to “Hate Speech” with Art, Education, and the Imminent Danger Test Peter Molnar	183
11 Reconceptualizing Counterspeech in Hate-Speech Policy (with a Focus on Australia) Katharine Gelber	198
12 Hate Speech and Self-Restraint Arthur Jacobson and Bernhard Schlink	217
13 Hate Speech in Constitutional Jurisprudence: A Comparative Analysis Michel Rosenfeld	242
14 One Step Beyond Hate Speech: Post-Soviet Regulation of “Extremist” and “Terrorist” Speech in the Media Andrei Richter	290
15 Hate Speech and Comprehensive Forms of Life Alon Harel	306
Part III: Equality and Fear
16 Hate Speech and Political Legitimacy Jeremy Waldron	329
17 Reply to Jeremy Waldron Ronald Dworkin	341
18 Waldron, Machiavelli, and Hate Speech Stephen Holmes	345
19 Shielding Marginalized Groups from Verbal Assaults Without Abusing Hate Speech Laws Yared Legesse Mengistu	352
20 Interview with Nadine Strossen	378
21 Interview with Theodore Shaw	399
Part IV: International Law
22 Does International Law Provide for Consistent Rules on Hate Speech? Toby Mendel	417
23 State-Sanctioned Incitement to Genocide: The Responsibility to Prevent Irwin Cotler	430
24 A Survey and Critical Analysis of Council of Europe Strategies for Countering “Hate Speech” Tarlach McGonagle	456
25 The American Convention on Human Rights: Regulation of Hate Speech and Similar Expression Eduardo Bertoni and Julio Rivera Jr.	499
26 Orbiting Hate? Satellite Transponders and Free Expression Monroe E. Price	514
Index	539