Is Free Speech Racist
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Author | : Gavan Titley |
Publisher | : John Wiley & Sons |
Total Pages | : 144 |
Release | : 2020-07-09 |
Genre | : Social Science |
ISBN | : 1509536175 |
The question of free speech is never far from the headlines and frequently declared to be in crisis. Starting from the observation that such debates so often focus on what can and cannot be said in relation to race, Gavan Titley asks why racism has become so central to intense disputes about the status and remit of freedom of speech. Is Free Speech Racist? moves away from recurring debates about the limits of speech to instead examine how the principle of free speech is marshalled in today’s multicultural and intensively mediated societies. This involves tracing the ways in which free speech has been mobilized in far-right politics, in the recycling of ‘race realism’ and other discredited forms of knowledge, and in the politics of immigration and integration. Where there is intense political contestation and public confusion as to what constitutes racism and who gets to define it, ‘free speech’ has been adopted as a primary mechanism for amplifying and re-animating racist ideas and racializing claims. As such, contemporary free speech discourse reveals much about the ongoing life of race and racism in contemporary society.
Author | : Gavan Titley |
Publisher | : Polity |
Total Pages | : 144 |
Release | : 2020-08-24 |
Genre | : Social Science |
ISBN | : 9781509536153 |
The question of free speech is never far from the headlines and frequently declared to be in crisis. Starting from the observation that such debates so often focus on what can and cannot be said in relation to race, Gavan Titley asks why racism has become so central to intense disputes about the status and remit of freedom of speech. Is Free Speech Racist? moves away from recurring debates about the limits of speech to instead interrogate the use of the principle of free speech in today’s multicultural and intensively mediated societies. This involves tracing the ways in which free speech has been mobilized in far-right politics, in the recycling of ‘race realism’ and other outdated forms of knowledge, and in nationalist identity politics. Where there is intense political contestation and public confusion as to what constitutes racism and who gets to define it, ‘free speech’ has been adopted as a primary mechanism for validating, amplifying and re-animating racist ideas and racializing claims. As such, free speech ideas reveal much about the ongoing life of race and racism in contemporary society.
Author | : Michael Bérubé |
Publisher | : JHU Press |
Total Pages | : 304 |
Release | : 2022-04-26 |
Genre | : Education |
ISBN | : 1421443880 |
How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.
Author | : Ellis Cose |
Publisher | : HarperCollins |
Total Pages | : 167 |
Release | : 2020-09-15 |
Genre | : Political Science |
ISBN | : 0062999737 |
Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Author | : Mari J Matsuda |
Publisher | : Routledge |
Total Pages | : 223 |
Release | : 2018-03-08 |
Genre | : Social Science |
ISBN | : 0429982577 |
In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.
Author | : Nadine Strossen |
Publisher | : Oxford University Press |
Total Pages | : 233 |
Release | : 2018-04-02 |
Genre | : Law |
ISBN | : 019085913X |
The updated paperback edition of 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. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it 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. "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" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Author | : Erik Bleich |
Publisher | : Oxford University Press |
Total Pages | : 221 |
Release | : 2011-09-05 |
Genre | : Political Science |
ISBN | : 0190661690 |
We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance between protecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should be proportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.
Author | : Erwin Chemerinsky |
Publisher | : Yale University Press |
Total Pages | : 216 |
Release | : 2017-09-12 |
Genre | : Political Science |
ISBN | : 0300231865 |
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Author | : Rodney A. Smolla |
Publisher | : Cornell University Press |
Total Pages | : 451 |
Release | : 2020-05-15 |
Genre | : Social Science |
ISBN | : 1501749668 |
In the personal and frank Confessions of a Free Speech Lawyer, Rodney A. Smolla offers an insider's view on the violent confrontations in Charlottesville during the "summer of hate." Blending memoir, courtroom drama, and a consideration of the unhealed wound of racism in our society, he shines a light on the conflict between the value of free speech and the protection of civil rights. Smolla has spent his career in the thick of these tempestuous and fraught issues, from acting as lead counsel in a famous Supreme Court decision challenging Virginia's law against burning crosses, to serving as co-counsel in a libel suit brought by a fraternity against Rolling Stone magazine for publishing an article alleging that one of the fraternity's initiation rituals included gang rape. Smolla has also been active as a university leader, serving as dean of three law schools and president of one and railing against hate speech and sexual assault on US campuses. Well before the tiki torches cast their ominous shadows across the nation, the city of Charlottesville sought to relocate the Unite the Right rally; Smolla was approached to represent the alt-right groups. Though he declined, he came to wonder what his history of advocacy had wrought. Feeling unsettlingly complicit, he joined the Charlottesville Task Force, and he realized that the events that transpired there had meaning and resonance far beyond a singular time and place. Why, he wonders, has one of our foundational rights created a land in which such tragic clashes happen all too frequently?
Author | : Michael Herz |
Publisher | : Cambridge University Press |
Total Pages | : 569 |
Release | : 2012-04-09 |
Genre | : Law |
ISBN | : 1107375614 |
The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?