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Subject: Law  Book Title: Extreme Speech and Democracy
Extreme Speech and Democracy
Hare, Ivan (Editor), Barrister, Blackstone Chambers
Weinstein, James (Editor), Amelia D. Lewis Professor of Constitutional Law, Sandra Day O'Connor College of Law, Arizona State University
Print publication date: 2009
Published to Oxford Scholarship Online: May 2009
Print ISBN-13: 978-0-19-954878-1
doi:10.1093/acprof:oso/9780199548781.001.0001


 
Abstract: A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies differ significantly when addressing the permissibility of laws regulating certain kinds of speech, especially extreme speech. In the United States, for instance, the commitment to free speech has been held by the Supreme Court to protect the public expression of even the most noxious racist ideology. In contrast, in almost every other democracy governments enjoy considerable leeway to restrict racist and other types of extreme expression. What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Or do values such as the commitment to equality or individual dignity legitimately override the right to free speech in some circumstances? In attempting to answer these and other questions, this book focuses on highly topical issues such as homophobic speech, Holocaust denial, incitement to terrorism, veiling controversies, and the Danish cartoons depicting the Prophet Muhammad. It includes interdisciplinary perspectives from law, philosophy, history, psychology, and literature, and provides comparative perspectives from experts in various countries including Australia, Canada, France, Germany, Hungary, and Israel, as well as from the United States and the United Kingdom.

Keywords: equality, dignity, democracy, hate speech, racist, incitement to terrorism, homophobic speech, Holocaust denial, veiling, the Danish cartoons
Table of Contents
Preface
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General Introduction: Free Speech, Democracy, and the Suppression of Extreme Speech Past and Present
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1. Freedom of Speech in a Globalized World
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2. Extreme Speech, Public Order, and Democracy: Lessons from The Masses
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3. Extreme Speech Under International and Regional Human Rights Standards
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4. An Overview of American Free Speech Doctrine and its Application to Extreme Speech
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5. Hate Speech in the United Kingdom: An Historical Overview
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6. Extreme Speech and Liberalism
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7. Hate Speech
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8. Autonomy and Hate Speech
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9. Hate Speech, Public Discourse, and the First Amendment
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10. Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech
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11. Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis
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12. Hate Speech, Extreme Speech, and Collective Defamation in French Law
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13. Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary
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14. Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and Obesity
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15. Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine
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16. The Danish Cartoons, Offensive Expression, and Democratic Legitimacy
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17. Criminalizing Religiously Offensive Satire: Free Speech, Human Dignity, and Comparative Law
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18. Religious Speech that Undermines Gender Equality
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19. Homophobic Speech, Equality Denial, and Religious Expression
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20. Extreme Religious Dress: Perspectives on Veiling Controversies
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21. Endorsing Discrimination Between Faiths: A Case of Extreme Speech?
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22. Incitement to, and Glorification of, Terrorism
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23. The Terrorism Act 2006: Discouraging Terrorism
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24. Radical Religious Speech: The Ingredients of a Binary World View
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25. ‘On the Internet, Nobody Knows You're a Nazi’: Some Comparative Legal Aspects of Holocaust Denial on the WWW
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26. Expanding Holocaust Denial and Legislation Against It
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27. The Holocaust Denial Decision of the Federal Constitutional Court of Germany
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28. The Politics of Memory: Bans and Commemorations
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29. Shouting Fire From the Nanny State to Heckler's Veto: the New Censorship and How to Counter It
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30. Extreme Speech and American Press Freedoms
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31. Extreme Speech and the Democratic Functions of the Mass Media
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Index
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doi:10.1093/acprof:oso/9780199548781.001.0001
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Part I Introduction and Background
Part II Hate Speech
Part III Incitement to Religious Hatred and Related Topics
Part IV Religious Speech and Expressive Conduct that Offend Secular Values
Part V INCITEMENT TO, AND GLORIFICATION OF, TERRORISM
Part VI Holocaust Denial
Part VII Governmental and Self-Regulation of the Media