Criminal Law

The Content and Context of Hate Speech Rethinking Regulation and Responses

Edited by Michael Herz · Peter Molnar
Cambridge University Press June 2012

Specifications

ISBN-13
9780521138369
Publisher
Cambridge University Press
Publication
June 2012
Format
Paperback , 568 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Michael Herz, Cardozo School of Law
Peter Molnar, Center for Media and Communications, Central European University, Budapest

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