Hate speech, pornography, and the radical attack on free speech doctrine. ([2018])

• Record Type: Book
• Further Information: Note: James Weinstein.
• Authors: Weinstein, James, 1953-
• Contents: Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- 1 Introduction -- PART 1 MODERN FREE SPEECH DOCTRINE -- 2 Theory and History -- Why Protect Speech? -- The Lessons of History -- 3 An Overview of Modern Free Speech Doctrine -- The Basic Taxonomy -- Regulating Protected Speech: The Search for a Basic Rule -- 4 Modern Doctrine in Action: Its Application to Hate Speech and Pornography Regulation -- Hate Speech -- Pornography -- Distinguishing Narrow Regulations of Hate Speech and Pornography -- PART 2 THE RADICAL ATTACK -- 5 Does Free Speech Doctrine Discriminate Against Women and Minorities? -- Hate Speech: Is There a Devil in the Exceptions? -- The R.A.V Decision -- Pornography: Constitutional Protection of Sex Crimes? -- The MacKinnon-Dworkin Model Antipornography Ordinance -- The Alleged Failure of Free Speech Doctrine to Account for Conflicting Constitutional Equality Rights, -- 6 The Complex Relationship Between Free Speech and Equality 93 Free Speech as a Reinforcer of the Status Quo, -- Free Speech as an Antagonist of the Status Quo, -- The Futility of "Front-Loaded" Approaches to Hate Speech and Pornography Regulation, -- PART 3 SHOULD DOCTRINE BE MODIFIED TO PERMIT BROAD HATE SPEECH AND PORNOGRAPHY BANS? -- 7 The Benefits of Banning Hate Speech and Pornography -- The Harms of Hate Speech and Pornography -- The Effectiveness of Hate Speech and Pornography Bans -- 8 The Costs of Regulation -- The Slide Toward Totalitarianism? -- Misapplication, Chilling of Nontargeted Speech, and Discriminatory Enforcement -- Learning from Experience: The Possibility of Drafting Hate Speech and Pornography Bans so as to Avoid Misuse -- Publicizing Racist Organizations and Ideas -- The Possible Benefits of Hate Speech and Pornography -- Sending the Wrong Message. Distraction from Remedying Root Causes of Discrimination -- Impairing the Expressive Rights of Racists and Pornographers -- 9 In Search of a Confinable Principle -- The "Harmful Tendency" Rationale -- Preventing Psychic Injury -- Combating the Silencing Effect -- The Countervailing Constitutional Rights Rationale -- Harm in the Production of Pornography -- Reduced Protection for Speech That Attacks Immutable Characteristics -- Reduced Protection for Defamatory Attacks on People -- Excluding Hate Speech from Public Discourse -- Excluding Pornography from Public Discourse -- 10 Weighing the Costs and Benefits of Hate Speech and Pornography Bans -- Gauging the Stakes -- The Importance of Considering Alternative Remedies -- The Hidden Influence of Nonutilitarian Positions -- Summary and Conclusion -- 11 Conclusion -- Appendix -- Notes -- Index.
• Publisher Details: New York London : Routledge, Taylor & Francis Group
• Publication Date: 2018
• Extent: 1 online resource (xi, 282 pages)
• Subjects: 342.73/0853; Freedom of speech -- United States; Hate speech -- United States; Pornography -- United States; Freedom of speech; Hate speech; Pornography; United States; Electronic books
• Languages: English
• ISBNs: 9780429968594; 0429968590
• Related ISBNs: 9780813327099; 9780813327082
• Notes: Note: Includes bibliographical references and index.; Note: Print version record.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.