Must We Defend Nazis? Why The First Amendment Should Not Protect Hate Speech And White Supremacy

Description

A controversial argument for reconsidering the limits of free speech. Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society. Cover......Page 1 MUST WE DEFEND NAZIS?......Page 2 Title......Page 4 Copyright......Page 5 CONTENTS......Page 6 Preface......Page 8 1 The Harms of Hate Speech......Page 18 2 Hate Speech on Campus......Page 38 3 Hate in Cyberspace......Page 58 4 Neoliberal Arguments against Hate- Speech Regulation......Page 66 5 Neoconservative Arguments against Hate- Speech Regulation......Page 94 6 How Do Other Nations Handle This Problem?......Page 116 7 A Guide for Activist Lawyers and Judges......Page 124 8 “The Speech We Hate”: The Romantic Appeal of First Amendment Absolutism......Page 152 References......Page 180 About the Authors......Page 182