Group Defamation and Freedom of Speech

by Freedman, Monroe H.; Freedman, Eric M.

• ISBN13: 9780313292972
• ISBN10: 0313292973
• Format: Hardcover
• Copyright: 1995-05-30
• Publisher: Praeger Pub Text

Summary

This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives. Among the topics examined are the role of hate speech in the persecutions of Jews and Asians during World War II, in the subordination of Blacks, Native Americans, and women, and the pros and cons of the legal controls on hate speech adopted in such countries as Australia, Canada, and Israel. The section on American constitutional law features several proposed statutes outlawing hate speech, along with model court opinions supporting and attacking their constitutionality. The volume will be of great interest to scholars and students in the areas of intergroup relations and constitutional law as well as policy makers.

Table of Contents

Preface

Group Defamation and Racist Oppression

Group Defamation and the Oppression of Black Americans by Kenneth Clark

Group Defamation and the Genocide of American Indians by Lawrence Hauptman

Race, Language, and War in Two Cultures: World War II in Asia by John Dower

Group Defamation and the Holocaust by Michael Blain

The Relationship Between Language and Violence

Group Defamation: From Language to Thought to Action by Laraine R. Fergenson

Outsider Jurisprudence: Toward a Victim's Analysis of Racial Hate Messages by Mari J. Matsuda

Group Defamation in International and Comparative Law

Group Defamation and International Law by Louis Henkin

From Red Lion Square to Skokie to the Fatal Shore: Racial Defamation and Freedom of Speech in Australia by David Partlett

Racial Incitement in Israel by David Kretzmer

Group Defamation in Canada by Robert Martin

Group Defamation and the First Amendment

The Supreme Court Speaks: R.A.V. v. St. Paul and Wisconsin v. Mitchell

Rethinking Group Libel by Lee C. Bollinger

Pornography as Defamation and Discrimination by Catharine MacKinnon

To Stimulate, Provoke, or Incite?: Hate Speech and the First Amendment by Kenneth Lasson

Freedom of Speech: Should It Be Available to Pornographers, Nazis, and the Klan? by Leon Friedman

Legal Approaches to the Control of Group Defamation

The People of the State of New York v. Jesse A. Stump: Majority Opinion by Monroe H. Freedman

The People of the State of New York v. Jesse A. Stump: Dissenting Opinion by Eric M. Freedman

Model Group Defamation Statute--First Prize by Joseph Ribacoff

Model Group Defamation Statute--First Honorable Mention by Heidi Bachana

Model Group Defamation Statute--Second Honorable Mention by Devin House

Index