What happens when two deeply held American values, freedom of
expression and freedom from discrimination, clash? In any
well-established democratic society, people have the right to free
speech as well as the right to equal treatment and protection under
the law. But when one person's speech harms another person on the
basis of race, ethnicity, religion, gender, or sexual orientation,
it may qualify as hate speech and be subject to restriction.
Cortese argues that restricting hate speech does not violate the
guiding principle behind the First Amendment, but he is not eager
to see more lawsuits. Effective restriction, he asserts, should not
focus on litigation, but on speech codes and moral education. Is
there a limit to freedom of expression in a democracy, and if so,
where should the line be drawn? In attempting to answer that
question, Cortese makes a solid case for paying attention to
context and common sense. Some hate speech is more reprehensible
than others; not all discriminatory statements are equally serious.
There is a discernible difference between an offensive remark and
an incitement to commit murder. There is also a fundamental
distinction between intentional and unintentional discrimination.
In this book, Cortese rethinks some of the issues that have been
silenced in ways harmful to many--especially those that have been
brutalized, oppressed, manipulated, dominated, segregated, and
disadvantaged. We should recognize the grave injuries inflicted by
hate speech and the potential tensions between legal solutions to
those injuries and the First Amendment. We must push for moral
education, educational speech codes, and when necessary, a formal,
legal-structural response tohate speech in order to reinforce our
commitment to tolerance as a value.
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