Ghosts in the attic: idealized pluralism, community and hate speech
Article Abstract:
The law is seen as the mediator between the concepts of self and community in classic legal philosophy, and the law's answer to the problem of hate speech would be to censor it because it is destructive to both self and community. Idealized pluralism proposes an alternative answer to the problem. This concept argues that autonomous individuals must freely choose or form their community and law hinders or prevents the development of true community. Hate speech is only destructive when it hinders individuals from participating in community and must be dealt with individually.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
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A dubious victory for the right of free speech
Article Abstract:
The US Supreme Court, in Simon & Schuster v. New York State Crime Victims Board, struck New York's law authorizing levies on criminals' book earnings to fund crime victims restitution programs as an unconstitutional speech restraint. The decision has ironically been used as a guideline for speech limitation that will pass constitutional muster rather than a victory for free expression. New York legislators have re-drafted the law to cover all of criminals' assets, regardless of source, thus curing the former law's content discrimination and vagueness flaws.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1993
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Campaign expenditures and free speech
Article Abstract:
A different critical approach to the US Supreme Court's 1976 opinion in Buckley v. Valeo which focuses on institutional structures is preferable to standard criticisms of the Court's 1st Amendment rationale for striking down campaign expenditure regulations. The Buckley court erred on theoretical and precedential grounds when it did not distinguish subclasses of political speech sourced in and tied to government structures. Regulations of campaign expenditures are constitutional means of maintaining the democratic character of the electoral process.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1998
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