An edition of Must we defend Nazis?
(1997)
Must we defend Nazis?
hate speech, pornography, and the new First Amendment
by Richard Delgado
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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 that takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.
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Must we defend Nazis?: hate speech, pornography, and the new First Amendment
1997, New York University Press
in English
0814718582 9780814718582
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Table of Contents
The opening salvo : naming the harm. Words that wound : how racist hate speech harms the victim. Law's earliest responses
Pornography and harm to women : how even social scientists have sometimes failed to see the need for relief
The assault on the citadel : legal realism shakes up orthodoxy. First Amendment formalism is giving way to First Amendment legal realism
Campus anti-racism rules : constitutional narratives in collision, or, why there are always two ways of looking at a speech controversy
Images of the outsider : why the First Amendment marketplace cannot remedy systemic social ills. Social science and narrative theory are questioning faith in the freemarket of ideas
Retreat to policy analysis : "even if what the crits say is so ..." Paternalistic arguments against hate-speech rules : pressure valves and bloodied chickens. The liberals' response to the crumbling of certainty
The toughlove school : neoconservative arguments against hate- speech regulation. ("I just let it roll off my back")
"But America wouldn't be America anymore" : the experience ofother countries shows that adopting hate-speech rules would not cause the skies to fall; America would be even more american
"From where I sit"
The special problems of judges and progressive lawyers. Hateful speech, loving communities : why judges are sometimes slower than others at seeing the need for reform
"The speech we hate" : the romantic appeal of First Amendment absolutism. Does defending Nazis really strengthen the system of free speech?
Edition Notes
Includes bibliographical references (p. 163-215) and index.
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| August 6, 2024 | Edited by MARC Bot | import existing book |
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