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