Regulation Of Speech In Multicultural Societies

This book focuses on the way in which public debate and legal practice intersect when it comes to the value of free speech and the need to regulate "offensive", "blasphemous" or "hate" speech, especially, though not exclusively where such speech is thought to be offensive to members of ethnic and religious minorities. The themes addressed are of great significance for contemporary societies in many parts of the world, including Europe and North America, and although the volume focuses principally on the European context, it also addresses the theme on an international level. Contributions look at the transnational intertextuality of the debate, as well as comparing approaches to regulation in different countries (notably between the European Court of Human Rights and the United States Supreme Court). This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

"Should we tolerate speech designed to spread intolerance? As we grope for a response, we find our constitutional and moral imperatives for tolerance and equality in conflict with the equally imperative value of free speech. This is but one of the many such pressing issues dealt with in this timely, important book." "Exploring the question "What should freedom of speech mean in a democracy?," Rodney Smolla argues that it is a value of overarching significance. Freedom of speech, he says, is not merely an aid to self-governance, but is uniquely connected to all that defines the human spirit--to imagination, creativity, enterprise, rationality, love, worship, and wonder." "In a complex modern society, freedom of speech is constantly threatened by other social interests and values, which often seem more important in the short term: national security, personal reputation and privacy, eliminating racism and sexism, instilling values of decency and tolerance in children, controlling the corrupting influences of money on the political process, and bringing order to global electronic communications--all worthy social interests." "Smolla shows how even seemingly reasonable regulation of speech tends to progress inexorably toward censorship. He takes on the difficult issue of Who Decides, and he analyzes symbolic and violent dissent, and the "clear and present danger" doctrine. He probes the disturbing issues of hate speech, obscenity, tolerating intolerance, and truth and falsehood in political campaigns. He looks at personal confidentiality, ponders the possible criteria for creating an objective definition of newsworthiness and public speech--especially with reference to governmental funding of the arts, education, and broadcasting--and explores the implications of the Noriega case, Persian Gulf censorship issues, attempts to export the American concept of free speech, and the challenge of new technologies." "Throughout, the discussion of pros and cons is balanced, yet Smolla helps us see clearly why we should defend vigorously our endangered First Amendment rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.

A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.

Political parties have only recently become a subject of investigation in normative political theory. Parties have traditionally been studied by political scientists in their organizational features and in relation to the analysis of related topics such as party systems and electoral systems. Little attention, however, was paid until recently to the normative assumptions that underlie partisanship and party politics. Are parties desirable for democratic politics? How should liberal democracies deal with extremist and/or anti-democratic parties? Do religious parties undermine the secular distinction between religion and politics and is that bad for liberal democracies? These are only some of the many questions that political theorists had left unanswered for a long time. The papers in this collection aim to provide a twofold contribution to the normative analysis of partisanship. On the one hand, they aim to offer a first much needed ‘state of the art’ of the existing research in this area. Many of the contributors have already done extensive research on partisanship and their pieces partly reflect their research expertise and individual approaches to this topic. On the other hand, all pieces move beyond the authors’ existing work and represent significant additions to the normative literature on partisanship, thus setting the standards for future research in this area. This book was published as a special issue of Critical Review of International Social and Political Philosophy.

The New York Times bestseller that reminded us what it means to be an American is more timely than ever in this updated and enlarged edition, including "Schlesinger's Syllabus," an annotated reading list of core books on the American experience. The classic image of the American nation — a melting pot in which differences of race, wealth, religion, and nationality are submerged in democracy — is being replaced by an orthodoxy that celebrates difference and abandons assimilation. While this upsurge in ethnic awareness has had many healthy consequences in a nation shamed by a history of prejudice, the cult of ethnicity, if pressed too far, threatens to fragment American society to a dangerous degree. Two-time Pulitzer Prize winner in history and adviser to the Kennedy and other administrations, Arthur M. Schlesinger, Jr., is uniquely positioned to wave the caution flag in the race to a politics of identity. Using a broader canvas in this updated and expanded edition, he examines the international dimension and the lessons of one polyglot country after another tearing itself apart or on the brink of doing so: among them the former Yugoslavia, Nigeria, even Canada. Closer to home, he finds troubling new evidence that multiculturalism gone awry here in the United States threatens to do the same. "One of the most devastating and articulate attacks on multiculturalism yet to appear."—Wall Street Journal "A brilliant book . . . we owe Arthur Schlesinger a great debt of gratitude."—C. Vann Woodward, New Republic