License to harass : law, hierarchy, and offensive public speech / Laura Beth Nielsen.

Format:

Book

Author/Creator:

Nielsen, Laura Beth.

Series:

Cultural lives of law.

The cultural lives of law

Language:

English

Subjects (All):

Freedom of speech--Social aspects--United States.

Freedom of speech.

Hate speech--United States.

Hate speech.

Libel and slander--United States.

Libel and slander.

Public spaces--Law and legislation--United States.

Public spaces.

Threats--United States.

Threats.

Physical Description:

1 online resource (240 p.)

Edition:

Course Book

Place of Publication:

Princeton, N.J. ; Woodstock : Princeton University Press, 2006.

Language Note:

English

Summary:

Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.

Contents:

Frontmatter

Contents

Tables

Acknowledgments

Chapter One. Introduction

Chapter Two. Law and Power in Sidewalk Encounters

Chapter Three. Experiencing Offensive Public Speech

Chapter Four. Offensive Public Speech as a Personal Problem, Social Problem, and Subject for Legal Intervention

Chapter Five. Ordinary Citizens' Views on the Legal Regulation of Street Speech

Chapter Six. Power in Public

Chapter Seven. License to Harass

Appendix A. Research Design

Appendix B. Questionnaire

Notes

Cases Cited

References

Index

Notes:

Originally published: 2004.

Includes bibliographical references and index.

ISBN:

9786612129483

9781282129481

1282129481

9781400826292

1400826292

OCLC:

355696299