Must we defend Nazis? : why the First Amendment should not protect hate speech and white supremacy / Richard Delgado & Jean Stefancic.

Format:

Book

Author/Creator:

Delgado, Richard, author.

Stefancic, Jean, author.

Language:

English

Subjects (All):

United States. Constitution--1st Amendment.

United States.

Hate speech--Law and legislation--United States.

Hate speech.

Freedom of speech--United States.

Freedom of speech.

Nazis.

White supremacy movements.

Physical Description:

1 online resource (xv, 165 pages )

Edition:

1st ed.

Place of Publication:

New York : New York University Press, [2018]

Language Note:

In English.

Summary:

A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.

Contents:

Frontmatter

CONTENTS

Preface

1 The Harms of Hate Speech

2 Hate Speech on Campus

3 Hate in Cyberspace

4 Neoliberal Arguments against Hate- Speech Regulation

5 Neoconservative Arguments against Hate- Speech Regulation

6 How Do Other Nations Handle This Problem?

7 A Guide for Activist Lawyers and Judges

8 “The Speech We Hate”

References

About the Authors

Notes:

Includes bibliographical references.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jun 2020)

Description based on print record.

ISBN:

9781479827756

1479827754

OCLC:

1132227079