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Full-Text Articles in Law
Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen
Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen
Articles & Chapters
This chapter explains the understanding of all who seek to advance both free speech and equality anywhere in the world. It discusses supports the conclusions of many expert individuals and organizations around the world – that counterspeech and other non-censorial alternatives are much more likely than hate speech laws to prove effective in limiting hate speech and its possible harmful effects. Social scientists have confirmed that counterspeech by leaders in the pertinent community is especially persuasive in rebutting hateful speech and in countering its potential harmful effects. Speech that counters the potentially harmful impact of hate speech comprises a broad …
Safe Social Spaces, Ari Ezra Waldman
Safe Social Spaces, Ari Ezra Waldman
Articles & Chapters
Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Articles & Chapters
Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech claims, but they also have maintained that Justice Kennedy specifically declined to protect speech that was at odds with his conservative political and religious views. It is certainly true that Justice Kennedy did not uphold freedom of speech in some important contexts, including when the Government asserted countervailing national security or "War on Drugs" concerns. However, in other important cases, Justice Kennedy showed courage in defending …