Extreme Speech and Democracy

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Ivan Hare (Barrister, Blackstone Chambers) James Weinstein (Amelia Lewis Professor of Constitutional Law, Arizona State University College of Law)

Extreme Speech and Democracy

Ivan Hare (Barrister, Blackstone Chambers), James Weinstein (Amelia Lewis Professor of Constitutional Law, Arizona State University College of Law)

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English

Oxford University Press
30 October 2010

Ethical issues: censorship; Freedom of information & freedom of speech; Media, information & communication industries; Comparative law

A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions: What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Has the traditional US position on extreme expression justifiably not found favour elsewhere? Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances? With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.

Edited by: Ivan Hare (Barrister Blackstone Chambers), James Weinstein (Amelia Lewis Professor of Constitutional Law, Arizona State University College of Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 232mm, Width: 162mm, Spine: 42mm
Weight: 1.052kg
ISBN: 9780199601790
ISBN 10: 0199601798
Pages: 720
Publication Date: 30 October 2010
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Paperback
Publisher's Status: Active

Foreword by Ronald Dworkin James Weinstein and Ivan Hare: General Introduction: Free Speech, Democracy, and the Suppression of Extreme Speech Past and Present Part I: Introduction and Background 1: Dieter Grimm: Freedom of Speech in a Globalized World 2: James Weinstein: Extreme Speech, Public Order, and Democracy: Lessons from The Masses 3: Ivan Hare: Extreme Speech under International and Regional Human Rights Standards 4: James Weinstein: An Overview of American Free Speech Doctrine and its Application to Extreme Speech 5: Sir David Williams QC: Hate Speech in the United Kingdom: An Historical Overview 6: Maleiha Malik: Extreme Speech and Liberalism Part II: Hate Speech 7: Robert Post: Hate Speech 8: C. Edwin Baker: Autonomy and Hate Speech 9: Stephen J. Heyman: Hate Speech, Public Discourse, and the First Amendment 10: Eric Heinze: Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech 11: L.W. Sumner: Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis 12: Pascal Mbongo: Hate Speech, Extreme Speech, and Collective Defamation in French Law 13: Peter Molnar: Towards Improved Law and Policy on 'Hate Speech'- The 'Clear and Present Danger' Test in Hungary 14: Eric Heinze: Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and Obesity Part III: Incitement to Religious Hatred and Related Topics 15: Ivan Hare: Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine 16: Ian Cram: The Danish Cartoons, Offensive Expression, and Democratic Legitimacy 17: Amnon Reichman: Criminalizing Religiously Offensive Satire: Free Speech, Human Dignity, and Comparative Law Part IV: Religious Speech and Expressive Conduct That Offend Secular Values 18: Carolyn Evans: Religious Speech that Undermines Gender Equality 19: Ian Leigh: Homophobic Speech, Equality Denial, and Religious Expression 20: Dominic McGoldrick: Extreme Religious Dress: Perspectives on Veiling Controversies 21: John Finnis: Endorsing Discrimination between Faiths: A Case of Extreme Speech? Part V: Incitement to and Glorification of Terrorism 22: Eric Barendt: Incitement to, and Glorification of, Terrorism 23: Tufyal Choudhury: The Terrorism Act 2006: Discouraging Terrorism 24: Sara Savage and Jose Liht: Radical Religious Speech: the Ingredients of a Binary World View Part VI: Holocaust Denial 25: David Fraser: 'On the Internet, Nobody Knows You're a Nazi': Some Comparative Aspects of Holocaust Denial on the WWW 26: Michael Whine: Expanding Holocaust Denial and Legislation Against It 27: Dieter Grimm: The Holocaust Denial Decision of the Federal Constitutional Court of Germany 28: Patrick Weil: The Politics of Memory: Bans and Commemorations Part VII: Governmental and Self-Regulation of the Media 29: David Edgar: Shouting Fire: From the Nanny State to the Heckler's Veto: The New Censorship and How to Counter It 30: David J. Bodney: Extreme Speech and American Press Freedoms 31: Jacob Rowbottom: Extreme Speech and the Democratic Functions of the Mass Media

Ivan Hare is a Barrister at Blackstone Chambers and a former Fellow of Trinity College, Cambridge. James Weinstein is the Amelia D. Lewis Professor of Constitutional Law at Sandra Day O'Connor College of Law, Arizona State University Contributors: Eric Barendt David Bodney Tufyal Choudhury Ian Cram David Edgar Carolyn Evans John Finnis David Fraser Dieter Grimm Ivan Hare Eric Heinze Ian Leigh Jose Liht Maleiha Malik Dominic McGoldrick Robert Post Amnon Reichman Jacob Rowbottom Sara Savage Wayne Sumner Patrick Weil James Weinstein Michael Whine David Williams

Reviews for Extreme Speech and Democracy

"`What are the appropriate limits to freedom of expression in societies that wish to be democratic, multi-cultural, and committed to the human rights of all? Ivan Hare and James Weinstein, a UK human rights practitioner and a US academic, have assembled a dazzling array of talent from a variety of disciplines, jurisdictions, and viewpoints to explain and debate a controversy that is intellectually complex, politically explosive, and as current as today's news. Extreme Speech and Democracy is a mine of information and argument that will be quarried for years to come. This is quite simply the most sophisticated, penetrating, and ambitious study of these issues available.' Christopher McCrudden, FBA, Professor of Human Rights Law, University of Oxford `The papers in this book bring a penetrating scholarship to the law relating to extreme speech-and to the political philosophy which is the subject's real challenge. Whether you believe in free expression warts and all, or in censorship for the sake of public tranquillity, you will find these contributions a major intellectual resource.' Lord Justice Laws `Compendious, thoughtful, learned and very well produced and laid out. The topic is both provocative and important, being no less than the future of our liberal culture and the task it faces in accommodating itself to the challenge of extremism without destroying all that is good about itself in the process...The book is one to be read through from start to finish or enjoyed in bite-sized chunks grabbed as the opportunity arises...The book's many contributors have various responses to the issue of controlling as well as celebrating speech but it is a tribute both to themselves and to the editors that few deny that the issue is one which needs properly to be addressed. The book is all the better as a defender of free speech (and liberal values) for taking its opponents so seriously.' Conor Gearty, London School of Economics, Entertainment Law Review, Volume 20, issue 8, 2009 `'...the contributors include many of the illustrious names in contemporary free speech scholarship, and the quality of the contributions is on the whole high""' Lawrence R. Douglas, Times Literary Supplement"