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Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
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?
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
This book offers a psychosocial perspective on political violence, employing a strong current of psychoanalytic thinking. In the course of its chapters an international roster of researchers and scholars offers a richly complex and insightful view of diverse forms of political violence and its build-ups. The authors discuss the processes by which the ground for political violence is prepared, and how violent acts are facilitated. They question how social, cultural and political constellations can develop in such a way that, for certain people in this constellation, violence becomes a logical – perversely reasonable – response. This collection demonstrates what a psychoanalytic perspective can bring to existing approaches to political violence, going beyond the social movement approach by unfolding the inherent ambiguity in accepted concepts within the study of political violence.
In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.
An investigation of hate speech: legal approaches, current controversies, and suggestions for limiting its spread. Hate speech can happen anywhere--in Charlottesville, Virginia, where young men in khakis shouted, "Jews will not replace us"; in Myanmar, where the military used Facebook to target the Muslim Rohingya; in Capetown, South Africa, where a pastor called on ISIS to rid South Africa of the "homosexual curse." In person or online, people wield language to attack others for their race, national origin, religion, gender, gender identity, sexual orientation, age, disability, or other aspects of identity. This volume in the MIT Press Essential Knowledge series examines hate speech: what it is, and is not; its history; and efforts to address it.