In Must We Defend Nazis ?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas ...
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In Must We Defend Nazis ?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.
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Add this copy of Must We Defend Nazis? : Hate Speech, Pornography, and to cart. $4.74, good condition, Sold by ThriftBooks-Atlanta rated 5.0 out of 5 stars, ships from Brownstown, MI, UNITED STATES, published 1997 by New York University Press.
Add this copy of Must We Defend Nazis? : Hate Speech, Pornography, and to cart. $6.33, very good condition, Sold by HPB Inc. rated 4.0 out of 5 stars, ships from Dallas, TX, UNITED STATES, published 1999 by NYU Press.
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Add this copy of Must We Defend Nazis? : Hate Speech, Pornography, and to cart. $10.79, very good condition, Sold by HPB-Emerald rated 4.0 out of 5 stars, ships from Dallas, TX, UNITED STATES, published 1996 by NYU Press.
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Add this copy of Must We Defend Nazis?: Hate Speech, Pornography, and to cart. $27.18, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 1999 by New York University Press.
Add this copy of Must We Defend Nazis?: Hate Speech, Pornography, and to cart. $39.67, new condition, Sold by Ria Christie Books rated 5.0 out of 5 stars, ships from Uxbridge, MIDDLESEX, UNITED KINGDOM, published 1999 by New York University Press.
Add this copy of Must We Defend Nazis?: Hate Speech, Pornography, and to cart. $95.55, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 1997 by New York University Press.
Add this copy of Must We Defend Nazis? : Hate Speech, Pornography, and to cart. $96.97, new condition, Sold by GridFreed rated 4.0 out of 5 stars, ships from North Las Vegas, NV, UNITED STATES, published 1997 by NYU Press.
