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First Amendment

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William & Mary Bill of Rights Journal

Hate Speech

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The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman Mar 2011

The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman

William & Mary Bill of Rights Journal

Modern First Amendment jurisprudence is deeply paradoxical. On one hand,
freedom of speech is said to promote fundamental values such as individual selffulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to undermine these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition consists of two very different strands: a liberal humanist view that emphasizes …


Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein Oct 2010

Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein

William & Mary Bill of Rights Journal

No abstract provided.


Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky Mar 2009

Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky

William & Mary Bill of Rights Journal

No abstract provided.


The Hatefulness Of Protected Speech: A Comparison Of The American And European Approaches, Sionaidh Douglas-Scott Feb 1999

The Hatefulness Of Protected Speech: A Comparison Of The American And European Approaches, Sionaidh Douglas-Scott

William & Mary Bill of Rights Journal

In its First Amendment jurisprudence, the United States Supreme Court has construed very broadly the constitutional protection of free speech. Similarly democratic governments in Europe, however, have adopted laws restricting certain types of speech-particularly hate speech-based on the view that the human rights of oppressed groups cannot be protected fully if hate speech is permitted In this provocative Article, Professor Douglas-Scott briefly examines the American approach and contrasts it with the rationale underpinning European, especially German, law. Focusing on hate speech and the denial of the Holocaust voiced largely by neo-Nazi and other right-wing groups, she argues that such speech …