Law Commons^™

Hate Speech And Democracy: Deciding What Sort Of Legal Doctrine Is Best Suited To Hate Speech Regulation In Taiwan, Yen-Hsiang Chang

Maurer Theses and Dissertations

Taiwanese people are committed to the values of freedom, democracy, and human rights. Nowadays, according to the rating posted on the Freedom House website, Taiwan is considered one of the world’s free countries and is among the best in providing political rights and civil liberties. Knowing this current state, it is hard to believe that the small island was under a period of martial law lasting for 38 years in the middle of the twentieth century.

Tremendous progress and transition in Taiwanese politics and society has happened after democratization. One significant change is the progression of the right to freedom …

There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell

Articles by Maurer Faculty

At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas — the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces — social media and employment where …

Book Review. Degradation: What The History Of Obscenity Tells Us About Hate Speech By Kevin W. Saunders, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

The Hangman's Noose And The Lynch Mob: Hate Speech And The Jena Six, Jeannine Bell

Articles by Maurer Faculty

Taking the hangman's noose hanging in Jena, Louisiana in 2006 as a starting point, this Article begins by placing the hanging of a noose in historical context. The Article then proceeds to explore contemporary manifestations of noose hanging in the workplace, in schools and other settings. The Article examines noose hangings that occurred around the country since the display in Jena to explore the social meaning of a noose. Also examined are media constructions of noose hanging and the perception that some Blacks targeted by noose hanging have had of these incidents. The article concludes with a victim based reasonable …

O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell

Articles by Maurer Faculty

This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning …

Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

This Article adds to the debate a story of how hate crime law is enforced, based on the experiences of the police detectives who are required to enforce hate crime law. Part I of this Article provides a brief description of hate crime laws and argues that the police play an important role in the determination of how hate crime law is enforced and ultimately, whether defendants’ First Amendment rights will be respected. Part II describes critics’ concerns about defendants’ First Amendment rights and the narrow constitutional line that enforcers of hate crime law must walk between enforcing hate crime …