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Nadine Strossen - Hate: Why We Should Resist It with Free Speech, Not Censorship

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Nadine Strossen Hate: Why We Should Resist It with Free Speech, Not Censorship
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HATEdispels misunderstandings plaguing our perennial debates about hate speech vs. free speech, showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that hate speech -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm, but government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as hate speech.
Hate speech censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that hate speech laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion; predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous counterspeech and activism.

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ADVANCE PRAISE FOR HATE

One of lifes hardest tasks is to tell natural allies they are wrong. Nadine Strossen is clear in a time of confusion, consistent in an era of hypocrisy, and brave in an environment of intimidation. Her book is a fitting capstone in a career in defense of our civil liberties.

Mitchell Daniels, President,
Purdue University, and former Governor of Indiana

Strossen has accomplished something remarkable in this slim bookshe has ventured into a complex and heavily examined field and produced a book that is original, insightful, and clear-headed. My guess: this book will become the go-to work in the field.

Ronald Collins, Harold S. Shefelman Scholar,
University of Washington School of Law, and Publisher of First Amendment News

Well-intentioned, but misguided, people today are clamoring for what amounts to censorship of speech they deem to be hateful. Nadine Strossen explains why the criminalization of advocacy, even advocacy of hateful ideas, imperils honorable freedoms. Whats more, she provides a robust defense of a piece of old-fashioned, but oft-forgotten, wisdom: The safestand most effectiveway to fight bad ideas is not by limiting the right to free speech, but by exercising that right to counter them.

Robert P. George, McCormick
Professor of Jurisprudence, Princeton University

HATE
OTHER BOOKS IN THE SERIES:

Not a Suicide Pact
The Constitution in a Time of National Emergency
Richard A. Posner

Out of Range
Why the Constitution Cant End the Battle over Guns
Mark V. Tushnet

Unfinished Business
Racial Equality in American History
Michael J. Klarman

Supreme Neglect
How to Revive Constitutional Protection for Private Property
Richard A. Epstein

Is There a Right to Remain Silent?
Coercive Interrogation and the Fifth Amendment After 9/11
Alan M. Dershowitz

The Invisible Constitution
Laurence H. Tribe

Uninhibited, Robust, and Wide-Open
A Free Press for a New Century
Lee C. Bollinger

From Disgust to Humanity
Sexual Orientation and Constitutional Law
Martha C. Nussbaum

The Living Constitution
David A. Strauss

Keeping Faith with the Constitution
Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder

Cosmic Constitutional Theory
Why Americans Are Losing Their Inalienable Right to Self-Governance
J. Harvie Wilkinson III

More Essential Than Ever
The Fourth Amendment in the Twenty First Century
Stephen J. Schulhofer

On Constitutional Disobedience
Louis Michael Seidman

The Twilight of Human Rights Law
Eric A. Posner

Constitutional Personae
Heroes, Soldiers, Minimalists, and Mutes
Cass R. Sunstein

The Future of Foreign Intelligence
Privacy and Surveillance in a Digital Age
Laura K. Donohue

SERIES EDITOR Geoffrey R Stone Lee C Bollinger PRESIDENT COLUMBIA - photo 1

...

SERIES EDITOR
Geoffrey R. Stone

Lee C. Bollinger
PRESIDENT
COLUMBIA UNIVERSITY

Alan M. Dershowitz
FELIX FRANKFURTER PROFESSOR OF LAW
HARVARD LAW SCHOOL

Laura K. Donohue
PROFESSOR OF LAW
UNIVERSITY OF CHICAGO LAW SCHOOL

Richard A. Epstein
LAURENCE A. TISCH PROFESSOR OF LAW
NEW YORK UNIVERSITY SCHOOL OF LAW

Pamela S. Karlan
KENNETH AND HARLE MONTGOMERY PROFESSOR OF PUBLIC INTEREST LAW
STANFORD LAW SCHOOL

Alexander Keyssar
MATTHEW W. STIRLING, JR., PROFESSOR OF HISTORY AND SOCIAL POLICY
JFK SCHOOL OF GOVERNMENT, HARVARD UNIVERSITY

Michael J. Klarman
KIRKLAND & ELLIS PROFESSOR OF LAW AND HISTORY
HARVARD LAW SCHOOL

Larry D. Kramer
RICHARD E. LANG PROFESSOR OF LAW AND DEAN
STANFORD LAW SCHOOL

Lawrence Lessig
EDMUND J. SAFRA PROFESSOR OF LAW
HARVARD LAW SCHOOL

Goodwin Liu
PROFESSOR OF LAW
UNIVERSITY OF CALIFORNIA AT BERKELEY SCHOOL OF LAW

Michael W. McConnell
RICHARD AND FRANCES MALLERY PROFESSOR OF LAW
STANFORD LAW SCHOOL

Martha C. Nussbaum
ERNST FREUND DISTINGUISHED SERVICE PROFESSOR, PHILOSOPHY, LAW, DIVINITY, SOUTH ASIAN STUDIES
THE UNIVERSITY OF CHICAGO

Eric A. Posner
KIRKLAND & ELLIS DISTINGUISHED SERVICE PROFESSOR OF LAW
UNIVERSITY OF CHICAGO LAW SCHOOL

Richard A. Posner
JUDGE
U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Jack N. Rakove
WILLIAM ROBERTSON COE PROFESSOR OF HISTORY AND AMERICAN STUDIES
STANFORD UNIVERSITY

Christopher H. Schroeder
CHARLES S. MURPHY PROFESSOR OF LAW
DUKE LAW SCHOOL

Stephen J. Schulhofer
ROBERT B. MCKAY PROFESSOR OF LAW
NEW YORK UNIVERSITY SCHOOL OF LAW

Louis Michael Seidman
CARMACK WATERHOUSE PROFESSOR OF CONSTITUTIONAL LAW
GEORGETOWN UNIVERSITY LAW CENTER

Geoffrey R. Stone
EDWARD H. LEVI DISTINGUISHED SERVICE PROFESSOR
UNIVERSITY OF CHICAGO LAW SCHOOL

David A. Strauss
GERALD RATNER DISTINGUISHED SERVICE PROFESSOR OF LAW
UNIVERSITY OF CHICAGO LAW SCHOOL

Kathleen M. Sullivan
STANLEY MORRISON PROFESSOR OF LAW
STANFORD LAW SCHOOL

Cass R. Sunstein
ROBERT WALMSLEY UNIVERSITY PROFESSOR
HARVARD LAW SCHOOL

Laurence H. Tribe
CARL M. LOEB UNIVERSITY PROFESSOR OF LAW
HARVARD LAW SCHOOL

Mark V. Tushnet
WILLIAM NELSON CROMWELL PROFESSOR OF LAW
HARVARD LAW SCHOOL

J. Harvie Wilkinson III
JUDGE
U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT

Kenji Yoshino
CHIEF JUSTICE EARL WARREN PROFESSOR OF CONSTITUTIONAL LAW
NEW YORK UNIVERSITY SCHOOL OF LAW

GEOFFREY STONE AND OXFORD UNIVERSITY PRESS GRATEFULLY ACKNOWLEDGE THE INTEREST AND SUPPORT OF THE FOLLOWING ORGANIZATIONS IN THE INALIENABLE RIGHTS SERIES: THE ALA; THE CHICAGO HUMANITIES FESTIVAL; THE AMERICAN BAR ASSOCIATION; THE NATIONAL CONSTITUTION CENTER; THE NATIONAL ARCHIVES

HATE

Why We Should Resist It with Free Speech, Not Censorship

Nadine Strossen

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Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America.

Oxford University Press 2018

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form and you must impose this same condition on any acquirer.

CIP data is on file at the Library of Congress
ISBN 9780190859121
eISBN 9780190859145

This book is dedicated to Norman Dorsen and Aryeh Neier, key leaders of the ACLU during the Skokie controversy, inspiring human rights champions, and revered mentors.

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