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Must We Defend Nazis

Author: Richard Delgado
Publisher: NYU Press
ISBN: 1479830747
Size: 40.68 MB
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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.

Rape And The Culture Of The Courtroom

Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 9780814782293
Size: 40.47 MB
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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.

Free Speech And The Politics Of Identity

Author: David A. J. Richards
Publisher: Oxford University Press, USA
ISBN: 9780198298861
Size: 39.21 MB
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Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia.

Hated Ideas And The American Civil War Press

Author: Hazel Dicken Garcia
Publisher: Marquette Books
ISBN:
Size: 75.47 MB
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One of the most cherished principles in American journalism is the notion that unpopular and even hated ideas deserve First Amendment protection and fair-handed treatment from journalists. But has this principle always existed, and how are hated ideas treated during times of crisis, such as war?In this book, media historians Hazel Dicken-Garcia and Giovanna Dell?Orto find some of the answers by analyzing newspaper coverage of hated ideas ? such as abolitionism to some and slavery to others ? during the American Civil War. They found that the Civil War strengthened the idea of journalism?s responsibility to the public; editors often had eloquent free speech discussions; and opposition presses were sometimes defended.However, the data also showed that tolerance was the exception rather than the rule. ?[E]ditors consistently supported the larger political system over any professional journalism ideology, the 'common good? over individual rights, and military 'discretion? over constitutional principles,? the authors write.

Campus Hate Speech On Trial

Author: Timothy C. Shiell
Publisher: Univ Pr of Kansas
ISBN:
Size: 16.23 MB
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Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument. In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a nonhostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection. Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take. The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostileenvironment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike. Shiell eloquently makes the case that campus speech codes--no matter how well grounded in history, law, or philosophy--have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.

Speech Conduct And The First Amendment

Author: Howard H. Schweber
Publisher: Peter Lang Pub Inc
ISBN:
Size: 12.77 MB
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Speech, Conduct, and the First Amendment offers a concise yet thorough review of all areas of First Amendment jurisprudence, including historical background and the most recent developments. Points of difference - as well as agreement - among justices of the Supreme Court are connected to broader theories of First Amendment and constitutional interpretation and politics. The presentation of substantial case excerpts and selected secondary materials provides opportunities for critical analysis, and readers are encouraged to reach their own conclusions about the relative merits of different interpretative approaches, while becoming familiar with the full range of past and present theories about the meaning of the First Amendment.

America At Odds

Author: Beth Henschen
Publisher: Wadsworth Publishing Company
ISBN: 9780534560164
Size: 74.30 MB
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This volume addresses all of the major topics of an American government course, such as elections, Congress, and public policy. It looks at government and politics in this country as a series of conflicts that have led to compromises. Each chapter includes a discussion of a significant political issue and presents both sides of that issue, exploring how Americans truly are at odds with each other politically. And, wired for today's student, the book incorporates the Internet and other multimedia extensively into the text and ancillary package.