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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Speech and Equality - Do We Really Have to Choose? (Hardcover, New)
Loot Price: R2,829
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Speech and Equality - Do We Really Have to Choose? (Hardcover, New)
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Conflict is the essence of civil liberty. Individual or group
rights are rarely, if ever, willingly bestowed without a struggle.
From the day that King John was forced at Runnymede to recognize
that his barons had certain prerogatives to the present era, when
racial minorities, women, and gays and lesbians fight for a place
at the table, the din of political, judicial, and sometimes violent
battle echoes through the United States. And yet, are the law of
freedom of speech and the law of equality truly on a collision
course? Henry Louis Gates, Jr., has written that the strongest
argument for regulating speech is the unreflective stupidity of
most of the arguments for the other side - the tendency of those
"who invoke the First Amendment mantra, and seem immediately to
fall into a trance, oblivious to further argument and evidence". In
an attempt to move past such rote recitations, this volume brings
together such thinkers as Sylvia Law, Martin Redish, Ira Glasser,
Randall Kennedy, Susan Deller Ross, and Wendy Kaminer to engage in
a free-ranging conversation about this very issue. Focusing on the
flashpoint topics of abortion clinic violence, workplace
harassment, and hate crimes/hate speech, the contributors
illustrate ways that we might get beyond the reflexivity that has
dictated much of the debate around speech and equality.
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