ABSTRACT

Free Speech and Hate Speech in the United States explores the concept and treatment of hate speech in light of escalating social tensions in the global twenty-first century, proposing a shift in emphasis from the negative protection of individual rights toward a more positive support of social equality.

Drawing on Axel Honneth’s theory of recognition, the author develops a two-tiered framework for free speech analysis that will promote a strategy for combating hate speech. To illustrate how this framework might impact speech rights in the U.S., she looks specifically at hate speech in the context of symbolic speech, disparaging speech, internet speech and speech on college campuses.

Entering into an ongoing debate about the role of speech in society, this book will be of key importance to First Amendment scholars, and to scholars and students of communication studies, media studies, media law, political science, feminist studies, American studies, and history.

chapter |9 pages

Introduction

chapter 1|17 pages

Defining Hate Speech

chapter 2|22 pages

Favoring Human Rights

The International Response

chapter 3|17 pages

Favoring Free Speech

The U.S. Response

chapter 4|31 pages

First Amendment Theories

Arguments and Counter Arguments

chapter 6|31 pages

From R.A.V. v. St. Paul to Matal v. Tam

The Parameters of Restriction

chapter 7|25 pages

Hate Speech and the Internet

Elonis v. United States

chapter 8|20 pages

Campus Speech

Hate Speech versus Free Speech

chapter |4 pages

Conclusion