Extreme Speech and Democracy
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Extreme Speech and Democracy by Ivan Hare
Book DescriptionA fundamental precept of all liberal democracies is a commitment to free speech. However, democracies differ fundamentally when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, the commitment to free speech in the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom and other European countries. 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. What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Has the traditional US position on extreme expressions justifiably not found favour elsewhere? Should, or could, other values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances? This collection of papers from some of the top free speech thinkers and writers today attempts to analyse and answer some of these fundamental questions that confront liberal democracies faced with extreme expressions.
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Book DetailsISBN: 9780199548781
(241mm x 165mm x 44mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 26-Feb-2009
Country of Publication: United Kingdom
Books By Author Ivan Hare
Extreme Speech and Democracy, Paperback (November 2010)
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.
Golden Metwand and the Crooked Cord, Hardback (February 1998)» View all books by Ivan Hare
This is a collection of essays on public law in the UK. The essays are written in honour of Sir William Wade, one of the leading scholars of his generation and credited for having contributed to the development of administrative law in Britain through his text Administrative Law.
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Author Biography - Ivan Hare
Ivan Hare is a Barrister at Blackstone Chambers and a former Fellow of Trinity College, Cambridge. James Weinstein is the Amelia D. Lewis Professor of Constitutional Law at Sandra Day O'Connor College of Law, Arizona State University Contributors: Eric BarendtDavid BodneyTufyal ChoudhuryIan CramDavid EdgarCarolyn EvansJohn FinnisDavid FraserDieter GrimmIvan HareEric HeinzeIan LeighJose LihtMaleiha MalikDominic McGoldrickRobert PostAmnon ReichmanJacob RowbottomSara SavageWayne SumnerPatrick WeilJames WeinsteinMichael WhineDavid Williams
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