The Content and Context of Hate Speech

by Edited by Michael Herz , Peter Molnar

• ISBN13: 9780521138369
• ISBN10: 0521138361
• Format: Paperback
• Copyright: 2012-04-09
• Publisher: Cambridge University Press

Summary

The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories, and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: Is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

Author Biography

Michael Herz is the Arthur Kaplan Professor of Law at the Benjamin N. Cardozo School of Law of Yeshiya University, where he also serves as Co-Director of the Floersheimer Center for Constitutional Democracy. Peter Molnar is Senior Research Fellow and a founding researcher at the Center for Media and Communication Studies at Central European University, where he teaches courses on freedom of speech and access to information.

Table of Contents

Contributors	p. ix
Foreword: Hate Speech and the Coming Death of the International Standard before It Was Bom (Complaints of a Watchdog)	p. xiii
Foreword: Hate Speech and Common Sense	p. xix
Acknowledgments	p. xxiii
Introduction	p. 1
Overviews
Interview with Robert Post	p. 11
Is There a Case for Banning Hate Speech?	p. 37
Hate Speech	p. 57
Interview with Kenan Malik	p. 81
Hate Speech and the Demos	p. 92
On American Hate Speech Law	p. 116
Refinements and Distinctions
Social Epistemology, Holocaust Denial, and the Post-Millian Calculus	p. 129
Denying Experience: Holocaust Denial and the Free-Speech Theory of the State	p. 144
What's Wrong with Defamation of Religion?	p. 164
Responding to "Hate Speech" with Art, Education, and the Imminent Danger Test	p. 183
Reconceptualizing Counterspeech in Hate-Speech Policy (with a Focus on Australia)	p. 198
Hate Speech and Self-Restraint	p. 217
Hate Speech in Constitutional Jurisprudence: A Comparative Analysis	p. 242
One Step Beyond Hate Speech: Post-Soviet Regulation of "Extremist" and "Terrorist" Speech in the Media	p. 290
Hate Speech and Comprehensive Forms of Life	p. 306
Equality and Fear
Hate Speech and Political Legitimacy	p. 329
Reply to Jeremy Waldron	p. 341
Waldron, Machiavelli, and Hate Speech	p. 345
Shielding Marginalized Groups from Verbal Assaults Without Abusing Hate Speech Laws	p. 352
Interview with Nadine Strossen	p. 378
Interview with Theodore Shaw	p. 399
International Law
Does International Law Provide for Consistent Rules on Hate Speech?	p. 417
State-Sanctioned Incitement to Genocide: The Responsibility to Prevent	p. 430
A Survey and Critical Analysis of Council of Europe Strategies for Countering "Hate Speech"	p. 456
The American Convention on Human Rights: Regulation of Hate Speech and Similar Expression	p. 499
Orbiting Hate? Satellite Transponders and Free Expression	p. 514
Index	p. 539
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