Synopses & Reviews
This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives.
Among the topics examined are the role of hate speech in the persecutions of Jews and Asians during World War II, in the subordination of Blacks, Native Americans, and women, and the pros and cons of the legal controls on hate speech adopted in such countries as Australia, Canada, and Israel. The section on American constitutional law features several proposed statutes outlawing hate speech, along with model court opinions supporting and attacking their constitutionality. The volume will be of great interest to scholars and students in the areas of intergroup relations and constitutional law as well as policy makers.
Review
Group Defamation and Freedom of Speech is a valuable book and will be useful to scholars and practitioners of law alike. A commendable, well-written and thoughtful collection of sholarship.Law Books in Review
Review
...There are a number of provocative, thoughtful essays in this volume, and it addresses an important topic in a serious way....it certainly provides a very useful starting point in a vital debate.The Law and Politics Book Review
Synopsis
Examines the issue of group defamation from a variety of perspectives.
Synopsis
This volume, an updated collection of essays from a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives.
About the Author
MONROE H. FREEDMAN is Howard Lichtenstein Distinguished Professor of Legal Ethics, Hofstra University School of Law.ERIC M. FREEDMAN is Assistant Professor of Law, Hofstra University School of Law. Both authors have published widely on related topics.
Table of Contents
Preface
Group Defamation and Racist Oppression
Group Defamation and the Oppression of Black Americans by Kenneth Clark
Group Defamation and the Genocide of American Indians by Lawrence Hauptman
Race, Language, and War in Two Cultures: World War II in Asia by John Dower
Group Defamation and the Holocaust by Michael Blain
The Relationship Between Language and Violence
Group Defamation: From Language to Thought to Action by Laraine R. Fergenson
Outsider Jurisprudence: Toward a Victim's Analysis of Racial Hate Messages by Mari J. Matsuda
Group Defamation in International and Comparative Law
Group Defamation and International Law by Louis Henkin
From Red Lion Square to Skokie to the Fatal Shore: Racial Defamation and Freedom of Speech in Australia by David Partlett
Racial Incitement in Israel by David Kretzmer
Group Defamation in Canada by Robert Martin
Group Defamation and the First Amendment
The Supreme Court Speaks: R.A.V. v. St. Paul and Wisconsin v. Mitchell
Rethinking Group Libel by Lee C. Bollinger
Pornography as Defamation and Discrimination by Catharine MacKinnon
To Stimulate, Provoke, or Incite?: Hate Speech and the First Amendment by Kenneth Lasson
Freedom of Speech: Should It Be Available to Pornographers, Nazis, and the Klan? by Leon Friedman
Legal Approaches to the Control of Group Defamation
The People of the State of New York v. Jesse A. Stump: Majority Opinion by Monroe H. Freedman
The People of the State of New York v. Jesse A. Stump: Dissenting Opinion by Eric M. Freedman
Model Group Defamation Statute--First Prize by Joseph Ribacoff
Model Group Defamation Statute--First Honorable Mention by Heidi Bachana
Model Group Defamation Statute--Second Honorable Mention by Devin House
Index