Law Commons^™

Hate Speech Debate Has Roots In Us History, Rodney A. Smolla

Rod Smolla

No abstract provided.

Hate Speech And The First Amendment, Alan E. Garfield

Alan E Garfield

No abstract provided.

This Is Why We Protect Hate Speech, Alan E. Garfield

Alan E Garfield

La Libertad De Expresión Frente A Los Delitos De Negacionismo Y De Provocación Al Odio Y A La Violencia: Sombras Sin Luces En La Reforma Del Código Penal, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Racist and negationist speeches are at the border of tolerable messages in a democratic society. This paper will explore the limits to freedom of speech in the Spanish law, which is configured as a constitutional order «open» and based on the idea of «person», contrasting with the militant model characteristic of the European Convention on Human Rights. Then, once outlined the content of this freedom, the paper will submit to constitutional review the Holocaust denial crime and hate speech crimes after the reform of the Criminal Code in 2015, from a constitutional-criminal law perspective.

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Steven H. Shiffrin

No abstract provided.

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero

Victor C. Romero

This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

W. Bradley Wendel

Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.

Globally Speaking - Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

Globally speaking, international law and the vast majority of domestic legal systems strive to protect the right to freedom of expression. The United States’ First Amendment provides an early historical protection of speech—a safeguard now embraced around the world. The extent of this protection, however, varies among states. The United States stands alone in excluding countervailing considerations of equality, dignitary, or privacy interests that would favor restrictions on speech. The gravamen of the argument supporting such American exceptionalism is that free expression is necessary in a democracy. Totalitarianism, the libertarian narrative goes, thrives on government control of information to the …

La Lucha Del Derecho Contra El Negacionismo: Una Peligrosa Frontera. Particular Estudio De Los Ordenamientos Italiano Y Español, Germán M. Teruel Lozano

Germán M. Teruel Lozano

The struggle of the Law against negationism: a dangerous border. Particular study of the Spanish and Italian legal system (PhD. Thesis) - The document content an abstract of the thesis in English, Spanish and Italian.

Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster

Neil J Foster

Discusses the decision in R (On the Application Of Core Issues Trust) v Transport for London [2014] EWCA Civ 34 (27 January 2014) dealing with signs on London buses alleged to be "homophobic".

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Diane Orentlicher

No abstract provided.

Judging Stories, Noah Novogrodsky

Noah B Novogrodsky

Judging Stories Abstract This Article uses the confluence of incitement to genocide and hate speech in a single case to explore the power of stories in law. That power defines how we see the world, how we form communities of meaning and how we speak to one another. Previous commentators have recognized that law is infused with stories, from the narratives of litigants, to the rhetoric of lawyers, to the tales that judges interpret and create in the form of written opinions. This Article builds on those insights to address the problems posed by transnational speech and the question of …

Fulfilling The U.S. Obligation To Prevent Exterminationism: A Comprehensive Approach To Regulating Hate Speech And Dismantling Systems Of Genocide., Sarah E. Ryan

Sarah E Ryan

No abstract provided.

Race, Riots And The Rule Of Law, Deborah Waire Post

Deborah W. Post

No abstract provided.

Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas Schweitzer

Thomas A. Schweitzer

No abstract provided.

Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle Keats Citron, Helen L. Norton

Danielle Keats Citron

No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group Kill a Jew Day, for instance, acquired thousands of friends within days of its formation, while YouTube has hosted videos with names like How to Kill Beaners, Execute the Gays, and Murder Muslim Scum. The mainstreaming of cyber hate has the troubling potential to shape public expectations of online discourse. Internet intermediaries have the freedom and influence to seize this defining moment in cyber hate’s history. We believe that a thoughtful and nuanced intermediary-based approach to …

Hostile Public Accommodations Laws And The First Amendment, Daniel Koontz

Daniel Koontz

State and municipal Human Rights Commissions have recently begun aggressively interpreting public accommodations laws to punish the speech of proprietors of bars, restaurants, country clubs, and other public accommodations. The theory is that if a proprietor says something to a customer—or even displays artwork, decorations, or signs—that could potentially offend the customer based on race, religion, sex, or ancestry, the proprietor has created a “hostile environment” which denies the customer “full and equal enjoyment” of the public accommodation.

Proprietors can face liability even in the absence of allegations that they refused service to a customer. In one case, a human …

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Hing

Bill Ong Hing

The mistreatment of those of Arab, Muslim, and Sikh descent in the United States post September 11 amounts to vigilante racism--the enforcement of a presumed code of what constitutes a "true" American. In the process, the culprits engage in a process of "de-Americanizing" individuals of color, informing them that they do not belong to the American community. There are two Americas; one that is embracing of diversity, the other that continues to be premised on a Euro-centric vision.