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In his book "Human Rights: Group Defamation, Freedom of Expression
and" "the Law of Nations," Thomas David Jones presents a discussion
and analysis of the laws governing group defamation and speech
inciteful of racial hatred in Great Britain, Canada, India,
Nigeria, and the United States. Although there exists no federal
group defamation law in the United States, a few state legislatures
have promulgated group defamation statutes, while a cause of action
for group defamation has been recognized as justiciable in the
decision law of other states. Mr Jones describes his theory as
constitutional minimalism because he does not advocate the legal
proscription of all derogatory hate speech. Only the sub-category
of hate speech that fulfills the standard elements of proof found
in common law defamation claim will be prosecuted criminally by the
federal government. The author further asserts that a carefully and
narrowly drafted federal criminal group defamation statute will
pass constitutional muster without creating a conflict with First
Amendment rights.
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