HATE: Why We Should Resist It with Free Speech, Not Censorship

Description

HATE dispels 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. Yet, 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, and 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. Cover......Page 1 Advance Praise for Hate......Page 2 Half title......Page 4 Series......Page 6 Hate......Page 8 Copyright......Page 9 Dedication......Page 10 Contents......Page 12 Acknowledgments......Page 14 Editor’s Note......Page 18 Key Terms and Concepts......Page 22 Introduction......Page 32 1. Overview......Page 42 2. “Hate Speech” Laws Violate Fundamental Free Speech and Equality Principles......Page 68 3. When “Hate Speech” Is Protected and When It Is Punishable......Page 84 4. Because of Their Intractable Vagueness and Overbreadth, “Hate Speech” Laws Undermine Free Speech and Equality......Page 100 5. Is It Possible to Draft a “Hate Speech” Law That Is Not Unduly Vague or Overbroad?......Page 136 6. Does Constitutionally Protected “Hate Speech” Actually Cause the Feared Harms?......Page 152 7. “Hate Speech” Laws Are at Best Ineffective and at Worst Counterproductive......Page 164 8. Non-​censorial Methods Effectively Curb the Potential Harms of Constitutionally Protected “Hate Speech”......Page 188 9. Conclusion: Looking Back—​and Forward......Page 214 Index......Page 218