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Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
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Keywords
- Ascriptive Characteristics
- Campus Speech Codes
- civic
- Civil Libertarians
- Collective Authorization
- Defamation
- Dignity
- discriminatory
- discriminatory harassment
- group
- Group Defamation
- Harassment
- Hate Speakers
- Hate speech
- Hate Speech Cases
- Hate Speech Law
- Holocaust
- Holocaust denial
- Key Normative Principles
- knowledge acquisition
- nuanced
- Nuanced Principle
- Personal Development
- principle
- Principled Compromise
- Racist Fighting Words
- Racist Hate Speech
- Speakers
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPA Political science and theory
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
- thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTS Social and political philosophy
- Westboro Baptist Church
- Young men
Links
DOI: 10.4324/9781315714899Editions