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Extreme Speech and Democracy.
This book considers the constitutionality of hate speech regulation, and examines how liberal democracies have adopted fundamental differences in the way they respond to racist or extreme expressions.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
OUP Oxford,
2014.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Table of Cases; Table of Legislation; Table of Conventions and International Instruments; List of Contributors; General Introduction: Free Speech, Democracy, and the Suppression of Extreme Speech Past and Present; 1. The Enduring yet Troubled Marriage of Free Speech and Democracy; 2. Is there a Lesson in this History?; PART I: INTRODUCTION AND BACKGROUND; 1. Freedom of Speech in a Globalized World; 1. The Meaning of Freedom of Speech; 2. Freedom of Speech Under Globalized Conditions; 2. Extreme Speech, Public Order, and Democracy: Lessons from The Masses; 1. Introduction.
- 2. The Core Free Speech Right of Democratic Participation3. Breaching the Core: Hammond v. DPP; 4. Object Lessons from the US; 5. Another Core Breach?: Norwood v. DPP; 6. Speech at the Periphery of the Core and the Strategy of Overprotection; 7. Conclusion; 3. Extreme Speech Under International and Regional Human Rights Standards; 1. The History and Structure of International and Regional Human Rights Instruments; 2. Freedom of Expression; 3. The Effectiveness of International and Regional Human Rights Instruments in Protecting Extreme Speech; 4. Conclusion.
- 4. An Overview of American Free Speech Doctrine and its Application to Extreme Speech1. The Rule against Content Discrimination; 2. The Rule against Content Discrimination and its Application to Extreme Speech; 3. Methodological Differences; 4. Conclusion; 5. Hate Speech in the United Kingdom: An Historical Overview; 6. Extreme Speech and Liberalism; 1. Introduction; 2. 'Who are the Extremists?'; 3. Legal and Non-Legal Responses to Extreme Speech; 4. Engaging with Extremists; 5. Conclusion; PART II: HATE SPEECH; 7. Hate Speech; 8. Autonomy and Hate Speech; 1. Introduction.
- 2. Speaker Autonomy and State Legitimacy3. Objections and a Pragmatic Reply; 4. The Evils Restrictions May Cause; 5. Conclusion: Democracy's Necessary Faith in People; 9. Hate Speech, Public Discourse, and the First Amendment; 1. The Foundations and Limits of the First Amendment Freedom of Expression; 2. Should Public Hate Speech be Protected by the First Amendment?; 3. Conclusion; 10. Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech; 1. Introduction; 2. The Locus of Comparison; 3. Informal Power; 4. Formal Law.
- 5. Realism and Essentialism6. Formal and Substantive Freedoms: An Age-Old Dilemma; 7. Ahistoricism; 8. Conclusion; 11. Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis; 1. Mill's Tests; 2. The Harms of Hate Speech; 3. Promoting and Inciting; 4. Conclusion; 12. Hate Speech, Extreme Speech, and Collective Defamation in French Law; 1. Systematic Control of Hate Speech and Extreme Speech; 2. A Particular Rigour for Certain Types of Speech; 13. Towards Improved Law and Policy on 'Hate Speech'-The 'Clear and Present Danger' Test in Hungary; 1. Introduction.