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Articles 1 - 6 of 6
Full-Text Articles in Law
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
University of Miami International and Comparative Law Review
No abstract provided.
Hate Speech In The Constitutional Law Of The United States, William B. Fisch
Hate Speech In The Constitutional Law Of The United States, William B. Fisch
Faculty Publications
Our general reporter, Professor Pizzorusso, has given us “incitement to hatred” - primarily against a group of persons defined in terms of race, ethnicity, national origin, gender, religion, sexual orientation, and the like--as the working definition of “hate speech”, and asks to what extent such speech is constitutionally protected in the reporting countries. The United States of America are known at least in recent times for providing exceptionally broad protection for otherwise objectionable speech and expression, and hate speech is understood to be one of the areas in which they have positioned themselves further out on the speech-protective end of …
Terrorism And The Bill Of Rights, Rodney A. Smolla
Terrorism And The Bill Of Rights, Rodney A. Smolla
Scholarly Articles
In this article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case which dealt with a Virginia law that banned cross-burning. While the legal doctrines argued in the Black case were certainly important then, they took on a whole new importance in light of the attacks on September 11, 2001. Professor Smolla discusses whether the terrorist attacks should affect the freedoms of speech and expression in America, concluding that, while horrific and life-changing, the attack on America should not alter our First Amendment rights.
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
Law and Contemporary Problems
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.
Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell
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 …
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Hing
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.