The Tolerant Society: Freedom of Speech and Extremist Speech in America
Oxford 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
About the Author:
Lee C. Bollinger is Professor of Law at the University of Michigan Law School.
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Wigmore's charges against Holmes's position on the scope of the First Amendment have been repeated in subsequent decades , whenever First Amendment protection for extremist speech has been sought ; seldom , though , have the challenges ...
In essence the desired effect was to “ clothe ” their position in innocence — in this case , ironically , in the drapery of the First Amendment - and in doing so to make the behavior provoked appear all the more indefensible .
The adversary context of the litigation system greatly accentuates the problem , for the tendency is , when we are under attack , to dig in and become even more of a believer in the position we started to defend .
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The tolerant society: freedom of speech and extremist speech in AmericaCrítica de los usuarios - Not Available - Book Verdict
Bollinger, in this study of the First Amendment, examines some old chest nuts, such as the social and legal implications of the freedom of speech guarantee; the fragile, frequently tense majority rule ... Leer comentario completo
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