ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book describes the basics of American free speech doctrine and provides response to the radical attack on modern free speech doctrine. It identifies the reasons for free speech in a democratic society and traces the history of free speech doctrine in the United States. The book sketches the salient features of current doctrine and discusses why under current doctrine hate speech laws and laws prohibiting pornography demeaning to women are unconstitutional. It demonstrates that the relationship between free speech and equality is far more complex and ambivalent than either the radical critics or many liberal defenders acknowledge. The book offers some conclusions about the wisdom of the various proposals to ban hate speech and pornography in this country.