Extreme Speech and Democracy

Paperback | November 21, 2010

EditorIvan Hare, James Weinstein

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A 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 FirstAmendment 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 extremeexpression 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 favour 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.

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A 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 FirstAmendment has been held by the Supreme Court to...

Ivan Hare is a Barrister at Blackstone Chambers and a former Fellow of Trinity College, Cambridge. James Weinstein is Amelia D. Lewis Professor of Constitutional Law at Sandra Day O'Connor College of Law at Arizona State University.

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Format:PaperbackDimensions:720 pages, 9.21 × 6.14 × 0.07 inPublished:November 21, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199601798

ISBN - 13:9780199601790

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Table of Contents

Foreword by Ronald DworkinJames Weinstein and Ivan Hare: General Introduction: Free Speech, Democracy, and the Suppression of Extreme Speech Past and PresentPart I: Introduction and Background1. Dieter Grimm: Freedom of Speech in a Globalized World2. James Weinstein: Extreme Speech, Public Order, and Democracy: Lessons from iThe Masses/i3. Ivan Hare: Extreme Speech under International and Regional Human Rights Standards4. James Weinstein: An Overview of American Free Speech Doctrine and its Application to Extreme Speech5. Sir David Williams QC: Hate Speech in the United Kingdom: An Historical Overview6. Maleiha Malik: Extreme Speech and LiberalismPart II: Hate Speech7. Robert Post: Hate Speech8. C. Edwin Baker: Autonomy and Hate Speech9. Stephen J. Heyman: Hate Speech, Public Discourse, and the First Amendment10. Eric Heinze: Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech11. L.W. Sumner: Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis12. Pascal Mbongo: Hate Speech, Extreme Speech, and Collective Defamation in French Law13. Peter Molnar: Towards Improved Law and Policy on 'Hate Speech' - The 'Clear and Present Danger' Test in Hungary14. Eric Heinze: Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and ObesityPart III: Incitement to Religious Hatred and Related Topics15. Ivan Hare: Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine16. Ian Cram: The Danish Cartoons, Offensive Expression, and Democratic Legitimacy17. Amnon Reichman: Criminalizing Religiously Offensive Satire: Free Speech, Human Dignity, and Comparative LawPart IV: Religious Speech and Expressive Conduct That Offend Secular Values18. Carolyn Evans: Religious Speech that Undermines Gender Equality19. Ian Leigh: Homophobic Speech, Equality Denial, and Religious Expression20. Dominic McGoldrick: Extreme Religious Dress: Perspectives on Veiling Controversies21. John Finnis: Endorsing Discrimination between Faiths: A Case of Extreme Speech?Part V: Incitement to and Glorification of Terrorism22. Eric Barendt: Incitement to, and Glorification of, Terrorism23. Tufyal Choudhury: The Terrorism Act 2006: Discouraging Terrorism24. Sara Savage and Jose Liht: Radical Religious Speech: the Ingredients of a Binary World ViewPart VI: Holocaust Denial25. David Fraser: 'On the Internet, Nobody Knows You're a Nazi': Some Comparative Aspects of Holocaust Denial on the WWW26. Michael Whine: Expanding Holocaust Denial and Legislation Against It27. Dieter Grimm: The Holocaust Denial Decision of the Federal Constitutional Court of Germany28. Patrick Weil: The Politics of Memory: Bans and CommemorationsPart VII: Governmental and Self-Regulation of the Media29. David Edgar: Shouting Fire: From the Nanny State to the Heckler's Veto: The New Censorship and How to Counter It30. David J. Bodney: Extreme Speech and American Press Freedoms31. Jacob Rowbottom: Extreme Speech and the Democratic Functions of the Mass Media

Editorial Reviews

"...the contributors include many of the illustrious names in contemporary free speech scholarship, and the quality of the contributions is on the whole high" --Lawrence R. Douglas, Times Literary Supplement 04/09/2009