The Tolerant Society: Freedom of Speech and Extremist Speech in AmericaOxford University Press, 1986 - 295 páginas The First Amendment provides Americans with a far broader protection of free speech than that available in any other Western democracy, Lee Bollinger notes, and yet other democracies are not seen as significantly less open or more restrictive that the United States. Why do Americans guarantee people the right to advocate the overthrow of the government or advance racist or genocidal ideas? Why, for example, protect the right of neo-Nazis to march in predominantly Jewish Skokie, Illinois? In The Tolerant Society, Bollinger offers a masterful critique of the major theories of freedom of expression, and offers an alternative explanation. Traditional justifications for protecting extremist speech have turned largely on the inherent value of self-expression, maintaining that the benefits of the free interchange of ideas include the greater likelihood of serving truth and of promoting wise decisions in a democracy. Bollinger finds these theories persuasive but inadequate. Buttrressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toloeration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is stengthened by the exercise of tolerance, he maintains. The problem of finding an appropriate response--especially when emotions make measured response difficult--is common to all social interaction, Bollinger points out, and there are useful lesons to be learned from withholding punishment even for what is conceded to be bad behavior. About the Author: Lee C. Bollinger is Professor of Law at the University of Michigan Law School. |
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Página 37
... argument in many cases . The important point is to see that the risks of uncertainty of lines is but one of many ... argument usually has some actual relevance and can serve as an independent argument in its own right . One suspects that ...
... argument in many cases . The important point is to see that the risks of uncertainty of lines is but one of many ... argument usually has some actual relevance and can serve as an independent argument in its own right . One suspects that ...
Página 38
... argument for any disputant , and especially for the free speech advocate , because of two primary characteristics : First , it shifts the burden of argument onto one's opponents ; second , it seemingly reduces one's responsibility for ...
... argument for any disputant , and especially for the free speech advocate , because of two primary characteristics : First , it shifts the burden of argument onto one's opponents ; second , it seemingly reduces one's responsibility for ...
Página 147
... argument seems simple to follow , the reader often thinks the real concerns remain implicit . Surprisingly , much of the “ logical " structure of the argument crumbles on the slightest handling , leaving us puzzled about how to account ...
... argument seems simple to follow , the reader often thinks the real concerns remain implicit . Surprisingly , much of the “ logical " structure of the argument crumbles on the slightest handling , leaving us puzzled about how to account ...
Contenido
Introduction | 3 |
Enslaved to Freedom? | 12 |
The Classical Model and Its Limits | 43 |
Derechos de autor | |
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The Tolerant Society Lee C. Bollinger Dean University of Michigan Law School Vista previa limitada - 1986 |
Términos y frases comunes
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