Hate Speech, Pornography, And The Radical Attack On Free Speech Doctrine

More About This Textbook

Overview
Editorial Reviews
Product Details
Related Subjects
Meet the Author

Overview

Does American free speech doctrine discriminate against women and minorities? In Hate Speech, Pornography, and the Radical Attack on Free Speech Doctrine, James Weinstein carefully examines the charge that in interpreting the First Amendment as protecting hate speech and pornography while allowing myriad other exceptions to free speech, American courts have privileged the interests of the rich and powerful over the interests of women and people of color. The author concludes that while free speech doctrine is not in any deep sense as neutral as some of its apologists believe, the claim that free speech decisions and principles systematically discriminate against women and minorities does not withstand scrutiny. He shows that this claim of discrimination is based upon a profound but widely shared misunderstanding of the actual workings of free speech doctrine.In order to expose this misunderstanding, the first section of the book thoroughly explores the basic cases and principles upon which free speech doctrine is built. The second section demonstrates that the relationship between free speech and equality is far more complex than either radical critics or many liberal defenders of doctrine suppose. The third section considers the cost and benefits of modifying free speech doctrine to allow for the suppression of hate speech and pornography. After reviewing the experience of hate speech and pornography in other democracies, Weinstein concludes that while such a modification would not lead straight to totalitarianism as alarmist defenders of current doctrine contend, it would nonetheless likely inhibit legitimate debate and artistic expression. Also contrary to dogmatic defenders of current doctrine, the author concludes that although the scientific evidence that pornography causes violence to women is not nearly as conclusive as radical feminists assert, this evidence is nonetheless cause for concern.While offering a scholarly analysis of the radical critique of free speech doctrine, this book has even larger ambition: to provide nonlawyers with the background to participate knowledgeably in the continuing debate about the role of free speech in a democratic society.

Editorial Reviews

Booknews

Weinstein (constitutional law, Arizona State U.) argues against the radical claim that the First Amendment is oppressive, yet concedes that the free speech doctrine sometimes fails to adequately protect women and minorities. He also reviews the case for permitting broad hate speech and pornography bans, and scientific studies on the harm caused by pornography and their critics. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13: 9780813327099
Publisher: Westview Press
Publication date: 1/1/1999
Edition description: New Edition
Pages: 300
Product dimensions: 0.67 (w) x 6.00 (h) x 9.00 (d)

Meet the Author

James Weinstein is Amelia Lewis Professor of Constitutional Law at Arizona State University, and has litigated several significant free speech cases.

Customer Reviews

Be the first to write a review

( 0 )

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Poor

Below Average

Good

Very Good

Exceptional

Review Guidelines

Tell the world what you think of this product.

Add Recommendations

Your Name: Create a Pen Name or Leave Anonymously

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

- HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
- Time-sensitive information such as tour dates, signings, lectures, etc.
- Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
- Comments focusing on the author or that may ruin the ending for others
- Phone numbers, addresses, URLs
- Pricing and availability information or alternative ordering information
- Advertisements or commercial solicitation

Reminder:

- By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
- Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
- See Terms of Use for other conditions and disclaimers.

If you find inappropriate content, please report it to Barnes & Noble