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Product details
File Size: 897 KB
Print Length: 232 pages
Publisher: Oxford University Press (April 2, 2018)
Publication Date: April 2, 2018
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B07BH3LYZ1
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I write this review on a Sunday when the New York Times has just published a long article quoting a claim by one of our sitting Supreme Court Justices that the Roberts court has “weaponized†free speech. If in fact the court is tilting against liberal petitioners for their free speech rights and in favor of conservatives, that is a deeply troubling development. The US has the most permissive speech rights of any country in the world, indeed in the history of the world, guaranteed by the First Amendment. These rights depend on the trust of citizens that enforcement of freedom of speech will be viewpoint neutral, and not a scrim for advancing a political position, whether on the right or the left.Just think. A sitting justice speaks out in the paper of record against the principle of free speech. This situation amounts to an emergency. We are at a point in our democracy where an increasing number of citizens seem ready to give up on the ideal “free speech,†because to them it looks like simply another piece on the chess board that the group-in-power can use to win the political game.These people need to read Nadine Strossen’s “Hate: Why We Should Resist It with Free Speech, Not Censorship.†This thorough and cogently written book reveals, in meticulous historical detail, the important resource that freedom of speech has offered to vulnerable groups—ethnic and racial minorities, war protesters, international human rights advocates—who have successfully through history advanced their cause under the protection of the viewpoint neutrality promised by the First Amendment.As Strossen’s balanced but passionate analysis demonstrates, if there is anything that can be “weaponized†(a word that I think is itself being “weaponizedâ€), it is restraint of speech. The groups in power have consistently used “hate speech†regulations against the very people that such rules were intended to protect. This point has been well documented in the civil rights movement of the 1960s. But it is still relevant. Read in Strossen’s book about the unequal enforcement of the University of Michigan’s hate speech code against African Americans in the late 1980s (88-89) or about the experience of a black mother who posted racial epithets directed at her young sons on Facebook only to see her objection to “hate speech†taken down because its content could not be distinguished electronically from the real thing. Restraints on speech cannot themselves be restrained.A better response, as Strossen argues persuasively, is to do as she does: argue back. She provides the evidence that the psychological harms of even noxious speech are over-rated, especially when their targets are encouraged to resist speech with more speech. As she concludes, exercise your right “not to be silent†(182).The American tradition of free speech is, like all human institutions, imperfect. The only thing worse would be to lose it.
This book is incredible and important, perhaps more than ever. Not only does Strossen lay out the most common and powerful arguments in favor of having hate speech laws, but she also answers them in a way that is compelling, nuanced, and informed. At the end of the day, it serves as an excellent reminder of why we need the First Amendment and to continue to defend it
This beautifully written and thoughtful explanation of why “hate speech†laws harm freedom should be a must read for school administrators, lawmakers, and the President of the United States. It makes clear why laws against offensive ideas and actions, like burning or desecrating the flag of the U.S. are harmful in the long run. Unless the expression causes immediate physical harm, like yelling “fire†in a crowded theater when there is no fire, the speech should be protected as free expression, even if offensive to almost all thinking members of our society. We need to learn from Germany and France who have found that enforcing their “hate speech†laws leads to more, not less, hate.
Excellent book that directly covers many vital questions pertaining to the regulation of "hate speech". I've read quite a few books on free speech and tolerance, many of which are heavily overlapping; this book, however, is very inique in it's scope and contributions.
Excellent book full of vital info and written to all readers level. Thank You John Fugelsang radio. And Nadine too
Very complete set of arguments in support of free speech.
This is a short, concise and terrifically well-researched book on the value of hate speech laws. The upshot – there’s little if any value and a good deal of adverse effects from such laws. The author is a current professor of Constitutional Law and a long term president of the ACLU. Before reading, I figured I was in for a left-wing polemic on various social justice topics of the day but I was wrong. The book’s arguments are given in a neutral voice with the author using fact after fact rather than unsubstantiated opinion. Sure, some of the examples of evil are from a left side view but the book’s conclusions are presented lacking any bias whatsoever.The book is presented with a good deal of legal opinions as well as many interesting anecdotes illustrating the point the author is making. A good deal of argument is dedicated to these laws being counter-productive. Rather than fulfilling their promise, they can blow back on the groups which are supposed to be protected by them. They’re misused. For example, Merkel used and continues to use anti-hate speech laws to suppress those who disagree with her politics. This has been the case many times in the past as well.In a rather extreme example, but one which should put a finale on passing such laws, the author illustrates how laws supposedly preventing Nazi speech led to the Nazis assuming power in Germany, 1933. This isn’t an isolated example of counter productivity either. The author’s found more.Still, the biggest issue with hate speech laws is hate speech defies definition – at least legally. Sure, we all know it when we hear it but trying to define when something is hateful in a law doesn’t seem possible. Time and time again such laws, due to their vagueness, hurt those supposedly helped or rope in true innocents who find themselves victims of unintended consequences. If they ever work, they only do so after long drawn out trials where the publicity gains the hate speaker more attention than he could have gotten on his own.In a very interesting chapter and for a bit more as the book went on, the author examines the adverse effect of hate speech. Is it like violent video games where most think they foment violence in children but none have demonstrated it? Most telling along this line, the author delves into if it’s better to be shielded from discomforting ideas or exposed to them. Finally, the author offers a few ideas on how, aside from laws, hate speech can be countered.I found the book fascinating as it taught me a good deal. To say I’ve changed a few opinions is to put it mildly. The book may be aimed at those in power who can pass or repeal such laws, but I think anybody with even a passing interest in this topic will enjoy as much as I did. I most heartily wish it be made mandatory reading for every college official on today’s campuses where dress codes are passé but speech codes run rampant.
Covered what it needed to cover.
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