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Full-Text Articles in Law

Hate Speech, C. Edwin Baker Mar 2008

Hate Speech, C. Edwin Baker

All Faculty Scholarship

This paper describes the rationale that a full protection theory of free speech, a theory based on respect for individual autonomy, would give for protecting hate speech. The paper then notes that such a rationale will be unpersuasive to many (including this author) if the harms associated with a failure to outlaw hate speech are as great as often suggested – most dramatically, if the failure to prohibit makes a substantial contribution to the occurrence of serious racial/ethnic violence or genocide. The article then attempts to outline what empirical evidence would be needed to support this conclusion and gives reasons …


The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen Jan 2008

The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen

Washington and Lee Law Review

No abstract provided.