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Series

University of Baltimore Law

Hate speech

1985

Discipline

Articles 1 - 2 of 2

Full-Text Articles in Law

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson Oct 1985

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

All Faculty Scholarship

The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved ...


In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson Apr 1985

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

All Faculty Scholarship

The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.