Extreme Speech and Democracy

Extreme Speech and Democracy

ISBN-10:
0199601798
ISBN-13:
9780199601790
Pub. Date:
02/04/2011
Publisher:
Oxford University Press
ISBN-10:
0199601798
ISBN-13:
9780199601790
Pub. Date:
02/04/2011
Publisher:
Oxford University Press
Extreme Speech and Democracy

Extreme Speech and Democracy

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Overview

Commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions:

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?
Has the traditional US position on extreme expression justifiably not found favor elsewhere?
Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances?

With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.

Product Details

ISBN-13: 9780199601790
Publisher: Oxford University Press
Publication date: 02/04/2011
Edition description: New Edition
Pages: 720
Product dimensions: 6.10(w) x 9.10(h) x 1.70(d)

About the Author

Ivan Hare is a Barrister at Blackstone Chambers and a former Fellow of Trinity College, Cambridge.

James Weinstein is the Amelia D. Lewis Professor of Constitutional Law at Sandra Day O'Connor College of Law, Arizona State University

Contributors:
Eric Barendt
David Bodney
Tufyal Choudhury
Ian Cram
David Edgar
Carolyn Evans
John Finnis
David Fraser
Dieter Grimm
Ivan Hare
Eric Heinze
Ian Leigh
Jose Liht
Maleiha Malik
Dominic McGoldrick
Robert Post
Amnon Reichman
Jacob Rowbottom
Sara Savage
Wayne Sumner
Patrick Weil
James Weinstein
Michael Whine
David Williams

Table of Contents

Foreword by Ronald DworkinGeneral Introduction: Free Speech, Democracy, and the Suppression of Extreme Speech Past and Present, James Weinstein and Ivan HarePart I: Introduction and Background1. Freedom of Speech in a Globalized World, Dieter Grimm2. Extreme Speech, Public Order, and Democracy: Lessons from The Masses, James Weinstein3. Extreme Speech under International and Regional Human Rights Standards, Ivan Hare4. An Overview of American Free Speech Doctrine and its Application to Extreme Speech, James Weinstein5. Hate Speech in the United Kingdom: An Historical Overview, Sir David Williams QC6. Extreme Speech and Liberalism, Maleiha MalikPart II: Hate Speech7. Hate Speech, Robert Post8. Autonomy and Hate Speech, C. Edwin Baker9. Hate Speech, Public Discourse, and the First Amendment, Stephen J. Heyman10. Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech, Eric Heinze11. Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis, L.W. Sumner12. Hate Speech, Extreme Speech, and Collective Defamation in French Law, Pascal Mbongo13. Towards Improved Law and Policy on 'Hate Speech'- The 'Clear and Present Danger' Test in Hungary, Peter Molnar14. Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and Obesity, Eric HeinzePart III: Incitement to Religious Hatred and Related Topics15. Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine, Ivan Hare16. The Danish Cartoons, Offensive Expression, and Democratic Legitimacy, Ian Cram17. Criminalizing Religiously Offensive Satire: Free Speech, Human Dignity, and Comparative Law, Amnon ReichmanPart IV: Religious Speech and Expressive Conduct That Offend Secular Values18. Religious Speech that Undermines Gender Equality, Carolyn Evans19. Homophobic Speech, Equality Denial, and Religious Expression, Ian Leigh20. Extreme Religious Dress: Perspectives on Veiling Controversies, Dominic McGoldrick21. Endorsing Discrimination between Faiths: A Case of Extreme Speech?, John FinnisPart V: Incitement to and Glorification of Terrorism22. Incitement to, and Glorification of, Terrorism, Eric Barendt23. The Terrorism Act 2006: Discouraging Terrorism, Tufyal Choudhury24. Radical Religious Speech: the Ingredients of a Binary World View, Sara Savage and Jose LihtPart VI: Holocaust Denial25. 'On the Internet, Nobody Knows You're a Nazi': Some Comparative Aspects of Holocaust Denial on the WWW, David Fraser26. Expanding Holocaust Denial and Legislation Against It, Michael Whine27. The Holocaust Denial Decision of the Federal Constitutional Court of Germany, Dieter Grimm28. The Politics of Memory: Bans and Commemorations, Patrick WeilPart VII: Governmental and Self-Regulation of the Media29. Shouting Fire: From the Nanny State to the Heckler's Veto: The New Censorship and How to Counter It, David Edgar30. Extreme Speech and American Press Freedoms, David J. Bodney31. Extreme Speech and the Democratic Functions of the Mass Media, Jacob Rowbottom
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