The Content and Context of Hate Speech
Rethinking Regulation and Responses

This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries.

Michael Herz (Edited by), Peter Molnar (Edited by)

9780521138369, Cambridge University Press

Paperback, published 9 April 2012

570 pages, 4 b/w illus. 2 tables
23.8 x 15.2 x 2 cm, 0.76 kg

'[The title] The Content and Context of Hate Speech: Rethinking Regulation and Responses is well chosen for the collection of essays assembled by [Herz and Molnar] … To the extent that this can be done in a few words, it encapsulates an important part of the debate over what to do about hate speech. The essays reflect a broad consensus that hate speech is one of the afflictions of our era and that there is a need to counter it. … There is much to admire in the essays …' Aryeh Neier, International Journal of Constitutional Law

The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

Foreword: hate speech and the coming death of the international standard before it was born (complaints of a watchdog) Miklos Haraszti
Foreword: hate speech and common sense Adam Liptak
Part I. Overviews: 1. Interview with Robert Post Peter Molnar and Robert Post
2. Is there a case for banning hate speech Bhikhu Parekh
3. Hate speech C. Edwin Baker
4. Interview with Kenan Malik Peter Molnar and Kenan Malik
5. Hate speech and the demos Jamal Greene
6. On American hate speech law Floyd Abrams
Part II. Refinements and Distinctions: 7. Social epistemology, Holocaust denial, and the post-millian calculus Frederick Schauer
8. Denying experience: Holocaust denial and the free speech theory of the state Julie Suk
9. What's wrong with defamation of religion? Kwame Anthony Appiah
10. 'Hate speech' and imminent danger of violence Peter Molnar
11. Reconceptualizing counter-speech in hate speech policy (with a focus on Australia) Katharine Gelber
12. Hate speech and self-restraint Arthur Jacobson and Bernhard Schlink
13. Hate speech in constitutional jurisprudence: a comparative analysis Michel Rosenfeld
14. One step beyond hate speech: post-Soviet regulation of 'extremist' and 'terrorist' speech in the media Andrei Richter
15. Hate speech and comprehensive forms of life Alon Harel
Part III. Equality and Fear: 16. Hate speech and political legitimacy Jeremy Waldron
17. Reply to Jeremy Waldron Ronald Dworkin
18. Waldron, Machiavelli, and hate speech Stephen Holmes
19. Shielding marginalized groups from verbal assaults without abusing hate speech laws Yared Legesse Mengistu
20. Interview with Nadine Strossen Peter Molnar and Nadine Strossen
21. Interview with Theodore Shaw Peter Molnar and Theodore Shaw
Part IV. International Law: 22. Does international law provide for consistent rules on hate speech? Toby Mendel
23. State-sanctioned incitement to genocide: the responsibility to prevent Irwin Cotler
24. A survey and critical analysis of Council of Europe strategies for countering 'hate speech' Tarlach McGonagle
25. The American convention on human rights: regulation of hate speech and similar expression Eduardo Bertoni and Julio Rivera, Jr
26. Orbiting hate: satellite transponders and free expression Monroe Price.

Subject Areas: Social law [LNT], Law [L], Comparative politics [JPB]