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Full-Text Articles in Law
"Linguistic Cleansing": Strategies For Redesigning Human Perception And Behavior, David Barnhizer
"Linguistic Cleansing": Strategies For Redesigning Human Perception And Behavior, David Barnhizer
David Barnhizer
James Madison recognized the need to balance competing interests in his analysis of factious groups. In Federalist No. 10, Madison sets out the idea of faction in the following words. “By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison goes on to describe two “cures” for faction. One is to “destroy the liberty” that allows it to bloom, …
Hate Speech And The Demos, Jamal Greene
Hate Speech And The Demos, Jamal Greene
Faculty Scholarship
It is sometimes said that the statist and aristocratic traditions of Europe render its political institutions less democratic than those of the United States. Richard Posner writes of “the less democratic cast of European politics, as a result of which elite opinion is more likely to override public opinion than it is in the United States.” If that is true, then there are obvious ways in which it figures into debates over the wisdom of hate-speech regulation. The standard European argument in favor of such regulation may easily be characterized as antidemocratic: Restrictions on hate speech protect unpopular minority groups …