Hateful Speech, Loving Communities: Why Our Notion of 'A Just Balance' Changes So Slowly
17 Pages Posted: 9 Jul 2012
Date Written: July 1, 1994
Abstract
Identifies one reason why proponents of hate-speech regulation encounter resistance -- often, it is the stubborn manner in which we frame the two core values at stake, equal dignity and freedom of speech. Illustrates the shortcomings of judicial balancing as a way of resolving the tensions between these two opposing values. Uses narrative theory to show how society prevents canonical ideas and social structures from undergoing rapid change. Explores routes that reformers may take that may circumvent these obstacles.
Keywords: hate speech, First Amendment, freedom of speech, constitutional balancing, judicial reasoning
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