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Must We Defend Nazis

Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814719236
Size: 31.59 MB
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In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.

Streitbare Demokratie In Deutschland Und Den Vereinigten Staaten

Author: Gereon Flümann
Publisher: Springer-Verlag
ISBN: 365808314X
Size: 70.73 MB
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​Wie verfahren demokratische Verfassungsstaaten mit politischen Extremisten, die offen oder verdeckt eine diktatorische Ordnung anstreben, sich dabei jedoch zunächst keiner physischen Gewalt bedienen? Gereon Flümann unternimmt einen Vergleich der Vereinigten Staaten und der Bundesrepublik Deutschland und fragt danach, wie sich in beiden Staaten unterschiedliche Demokratieschutzkonzepte entwickelt haben und ob die jeweils selbst gesetzten Ansprüche im Umgang mit nichtgewalttätigem politischem Extremismus erfüllt werden. Mit der Analyse zweier fundamental differierender Ansätze – Tendenz zu repressiven Maßnahmen vs. Gewährung von Freiräumen – liefert seine Studie einen wichtigen Beitrag zur vergleichenden Erforschung demokratischer Streitbarkeit.

Racism

Author: Albert J. Wheeler
Publisher: Nova Publishers
ISBN: 9781594544798
Size: 23.62 MB
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Of all mankinds' vices, racism is one of the most pervasive and stubborn. Success in overcoming racism has been achieved from time to time, but victories have been limited thus far because mankind has focused on personal economic gain or power grabs ignoring generosity of the soul. This bibliography brings together the literature.

Rape And The Culture Of The Courtroom

Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 9780814782293
Size: 15.23 MB
Format: PDF
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Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

When The Nazis Came To Skokie

Author: Philippa Strum
Publisher: Univ Pr of Kansas
ISBN:
Size: 39.10 MB
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In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.