Hate Speech Law
Free

Hate Speech Law

By Alex Brown
Free
Book Description

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments.
This book is made open access as part of the Knowledge Unlatched KU Select 2018: HSS Backlist Books

Table of Contents
  • Cover
  • Half Title
  • Series Page
  • Title
  • Copyright
  • Dedication
  • Contents
  • Table of Cases
  • Acknowledgments
  • 1 Introduction
  • 2 Ten Clusters of Laws/Regulations/Codes That Constrain Uses of Hate Speech
    • 2.1 Group Defamation
    • 2.2 Negative Stereotyping or Stigmatization
    • 2.3 The Expression of Hatred
    • 2.4 Incitement to Hatred
    • 2.5 Threats to Public Order
    • 2.6 Denying, etc. Acts of Mass Cruelty, Violence, or Genocide
    • 2.7 Dignitary Crimes or Torts
    • 2.8 Violations of Civil or Human Rights
    • 2.9 Expression-Oriented Hate Crimes
    • 2.10 Time, Place, and Manner Restrictions
  • 3 Principles of Basic Morality
    • 3.1 Health
    • 3.2 Autonomy
    • 3.3 Security
    • 3.4 Non-Subordination
    • 3.5 The Absence of Oppression
    • 3.6 Human Dignity
  • 4 Principles of Personal Development
    • 4.1 The Discovery of Truth
    • 4.2 The Acquisition of Knowledge
    • 4.3 Self-Realization
    • 4.4 Human Excellence
  • 5 Principles of Civic Morality
    • 5.1 Civic Dignity
    • 5.2 Assurance
    • 5.3 Eligibility
  • 6 Principles of Cultural Diversity
    • 6.1 Culture
    • 6.2 Misrecognition
    • 6.3 Cultural Specifi city
    • 6.4 Intercultural Dialogue
  • 7 Principles of Political Morality
    • 7.1 Democratic Self-Government
    • 7.2 Political Legitimacy
    • 7.3 Citizens as Legal Subjects
  • 8 Principles of Balance
    • 8.1 Rights-Based Balancing
    • 8.2 Interests-Based Balancing
  • 9 Principia Juris
    • 9.1 Pressing Social Need
    • 9.2 Efficacy
    • 9.3 The Least Restrictive Alternative
    • 9.4 The Avoidance of Unintended Consequences for Free Speech
    • 9.5 Neutrality
  • 10 Toward a Theory of Principled Compromise
    • 10.1 Why Overall Warrant Should Be Neither about Lexical Priorities among Principles nor Balancing between Principles
    • 10.2 Overall Warrant as Compromise over Principles
    • 10.3 Conjunction Compromise
    • 10.4 Substitution Compromise
    • 10.5 A Detailed Illustration: The Principle of Neutrality
    • 10.6 The Ethics of Compromise
    • 10.7 Two Possible Objections
  • 11 Conclusion
  • References
  • Index
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