Extreme Speech and Democracy

Extreme Speech and Democracy

ISBN-10:
0199548781
ISBN-13:
9780199548781
Pub. Date:
05/17/2009
Publisher:
Oxford University Press
ISBN-10:
0199548781
ISBN-13:
9780199548781
Pub. Date:
05/17/2009
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: 9780199548781
Publisher: Oxford University Press
Publication date: 05/17/2009
Pages: 712
Product dimensions: 6.50(w) x 9.30(h) x 1.90(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

Part I: Introduction and Background1. Introduction, Ivan Hare, James Weinstein2. Freedom of Speech in a Globalizing World, Dieter Grimm3. Extreme Speech and Democracy, James Weinstein4. The International and European Law of Freedom of Expression, Ivan Hare5. Historical Perspectives on Extreme Speech Regulation in the United Kingdom, David Williams6. "Extreme Speech": Political Engagement as an Alternative to Legal Regulation, Maleiha MalikPart II: Hate Speech7. Analysing Hate Speech, Robert Post8. Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech Regulation, Eric Heinze9. Incitement and the Regulation of Hate Speech, Wayne Sumner10. Homophobic Speech, Erich HeinzePart III: Speech that Promotes Religious Hatred11. Do-it-yourself radical religious speech: how to assemble the ingredients of a binary world view, Sara Savage, Jose Liht12. Crosses, Crescents and Sacred Cows: Criminalising Incitement to Religious Hatred in European and UK Law, Ivan Hare13. Satire, Cartoons and Offensive Expression, Ian Cram14. The Passionate Expression of Hate: Constitutional Protections, Emotional Harm and Comparative Law in Israel, Amnon ReichmanPart IV: Religious Speech and Expressive Conduct That Offend Secular Values15. Religious Speech that Undermines Gender Equality, Carolyn Evans16. Equality Denial: A New Hate Crime, Ian Leigh17. The Veil Controversies in Europe, Dominic McGoldrick18. Reflections on the Veil in Schools, John FinnisPart V: Incitement to and Glorification of Terrorism19. The UK Government's Response to the Threat of Terrorism, Lord Goldsmith, QC20. Incitement to and Glorification of Terrorism in the United Kingdom, Eric Barendt21. Encouraging Terrorism, Tufyal Choudhury22. A Different Perspective on Incitement to Terrorism, Makhdoom Ali Khan23. Comment, David FeldmanPart VI: Holocaust Denial24. "On the Internet, nobody knows you're a Nazi": Some Comparative Aspects of Holocaust Denial on the www, David Fraser25. Holocaust Denial, Michael Whine26. The Holocaust Denial Opinion of the German Federal Constitutional Court, Dieter Grimm27. The Politics of Memory: the Ban and Commemoration in France, Patrick Weil28. Comment, Robert PostPart VII: Governmental and Self-Regulation of the Media29. Shouting Fire: From the Nanny State to the Heckler's Veto, David Edgar30. An American Perspective, David Bodney31. Extreme Speech and the Media, Jacob RowbottomPart VIII: Conclusions32. Extreme Speech in Comparative Perspective, Ivan Hare, James WeinsteinAppendices
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