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The Content and Context of Hate Speech
Rethinking Regulation and Responses

$103.00 (C)

  • Editors:
  • Michael Herz, Cardozo School of Law
  • Peter Molnar, Center for Media and Communications, Central European University, Budapest
Miklos Haraszti, Adam Liptak, Peter Molnar, Robert Post, Bhikhu Parekh, C. Edwin Baker, Kenan Malik, Jamal Greene, Floyd Abrams, Kwame Anthony Appiah, Katharine Gelber, Arthur Jacobson, Bernhard Schlink, Michel Rosenfeld, Andrei Richter, Alon Harel, Jeremy Waldron, Ronald Dworkin, Stephen Holmes, Yared Legesse Mengistu, Nadine Strossen, Theodore Shaw, Toby Mendel, Irwin Cotler, Tarlach McGonagle, Eduardo Bertoni, Julio Rivera, Jr, Monroe Price
View all contributors
  • Date Published: April 2012
  • availability: In stock
  • format: Hardback
  • isbn: 9780521191098

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About the Authors
  • 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?

    • Seeks to reinvigorate and advance the debate on hate speech by exploring a middle ground that is contextual and historically specific
    • There is a strong comparative emphasis, with examples (and authors) drawn from around the world
    • The authors explore historical and cultural settings throughout
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    Reviews & endorsements

    "The regulation of hate speech raises controversial questions about the limits of government authority over public discourse. The Content and Context of Hate Speech is a timely new collection that explores these issues… The book's emphasis is comparative, with the authors drawing on examples from across the world. The collection explores not just broad issues related to hate speech laws but also the nuances, such as how hate speech should be defined. The clash among the various contributors over these issues is both lively and illuminating."
    --Harvard Law Review

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    Product details

    • Date Published: April 2012
    • format: Hardback
    • isbn: 9780521191098
    • length: 568 pages
    • dimensions: 235 x 156 x 22 mm
    • weight: 0.87kg
    • contains: 4 b/w illus. 2 tables
    • availability: In stock
  • Table of Contents

    Foreword: hate speech and the coming death of the international standard before it was born (complaints of a watchdog) Miklos Haraszti
    Foreword: hate speech and common sense Adam Liptak
    Part I. Overviews:
    1. Interview with Robert Post Peter Molnar and Robert Post
    2. Is there a case for banning hate speech Bhikhu Parekh
    3. Hate speech C. Edwin Baker
    4. Interview with Kenan Malik Peter Molnar and Kenan Malik
    5. Hate speech and the demos Jamal Greene
    6. On American hate speech law Floyd Abrams
    Part II. Refinements and Distinctions:
    7. Social epistemology, Holocaust denial, and the post-millian calculus Frederick Schauer
    8. Denying experience: Holocaust denial and the free speech theory of the state Julie Suk
    9. What's wrong with defamation of religion? Kwame Anthony Appiah
    10. 'Hate speech' and imminent danger of violence Peter Molnar
    11. Reconceptualizing counter-speech in hate speech policy (with a focus on Australia) Katharine Gelber
    12. Hate speech and self-restraint Arthur Jacobson and Bernhard Schlink
    13. Hate speech in constitutional jurisprudence: a comparative analysis Michel Rosenfeld
    14. One step beyond hate speech: post-Soviet regulation of 'extremist' and 'terrorist' speech in the media Andrei Richter
    15. Hate speech and comprehensive forms of life Alon Harel
    Part III. Equality and Fear:
    16. Hate speech and political legitimacy Jeremy Waldron
    17. Reply to Jeremy Waldron Ronald Dworkin
    18. Waldron, Machiavelli, and hate speech Stephen Holmes
    19. Shielding marginalized groups from verbal assaults without abusing hate speech laws Yared Legesse Mengistu
    20. Interview with Nadine Strossen Peter Molnar and Nadine Strossen
    21. Interview with Theodore Shaw Peter Molnar and Theodore Shaw
    Part IV. International Law:
    22. Does international law provide for consistent rules on hate speech? Toby Mendel
    23. State-sanctioned incitement to genocide: the responsibility to prevent Irwin Cotler
    24. A survey and critical analysis of Council of Europe strategies for countering 'hate speech' Tarlach McGonagle
    25. The American convention on human rights: regulation of hate speech and similar expression Eduardo Bertoni and Julio Rivera, Jr
    26. Orbiting hate: satellite transponders and free expression Monroe Price.

  • Editors

    Michael Herz, Cardozo School of Law
    Michael Herz is the Arthur Kaplan Professor of Law at the Benjamin N. Cardozo School of Law, where he also serves as Director of the Floersheimer Center for Constitutional Democracy. Previously, he clerked for Justice Byron White of the U.S. Supreme Court and for Chief Judge Levin H. Campbell of the U.S. Court of Appeals for the First Circuit. His publications include Administrative Law and Regulatory Policy: Problems, Text, and Cases (7th edition 2011, with Breyer, Stewart, Sunstein and Vermeule), A Guide to Judicial and Political Review of Federal Agencies (2005, coedited with John F. Duffy) and articles on a variety of public law topics.

    Peter Molnar, Center for Media and Communications, Central European University, Budapest
    Peter Molnar is a Senior Research Fellow in communications law at the Center for Media and Communication Studies at Central European University. A former member of the Hungarian Parliament, Molnar was one of the drafters of the 1996 Hungarian media law. He has been teaching communications law since 1994 at ELTE University and since 2007 at the Central European University, in Budapest. Molnar was a German Marshall Fellow, twice a Fulbright Fellow and a Shorenstein Fellow at Harvard University. In 2006, he drafted the Declaration for the Freedom of the Internet and in 2007 the staged version of his novel, Searchers, won awards for best alternative and best independent play in Hungary.

    Contributors

    Miklos Haraszti, Adam Liptak, Peter Molnar, Robert Post, Bhikhu Parekh, C. Edwin Baker, Kenan Malik, Jamal Greene, Floyd Abrams, Kwame Anthony Appiah, Katharine Gelber, Arthur Jacobson, Bernhard Schlink, Michel Rosenfeld, Andrei Richter, Alon Harel, Jeremy Waldron, Ronald Dworkin, Stephen Holmes, Yared Legesse Mengistu, Nadine Strossen, Theodore Shaw, Toby Mendel, Irwin Cotler, Tarlach McGonagle, Eduardo Bertoni, Julio Rivera, Jr, Monroe Price

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