Should "hate speech" be made a criminal offence, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When someone burns an American flag or a draft card to express dismay with US policy, what rights of free speech are involved? In a balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, First Amendment scholar Kent Greenawalt aims to address a broad general audience of readers interested in the most current free-speech issues. For a number of purposes, Greenawalt finds it instructive to compare US and Canadian jurisprudence. He points out, for instance, that the theory under which the Canadian Supreme Court supports suppression of obscenity is strikingly in line with the claims of those feminists who regard obscenity as a major evil: equality, especially the aspirations to equality of groups victimized in the past, rates highly as a constitutional value in Canada. In addition to discussing the sometimes conflicting claims of those seeking freedom of speech and those working to promote equality and protect citizens from oppression, Greenawalt looks at what speech does as well as what it says. He also compares the importance of the motive of the speaker to the actual effect of speech on its audience.
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Kent Greenawalt is University Professor at Columbia University and a member of the faculty of the School of Law. He is the author of numerous works including Speech, Crime, and the Uses of Language and Religious Convictions and Political Choice.
"Fighting Words is an outstanding book. It deserves not only all the accolades it undoubtedly will receive, but also the widest possible readership."--Lee C. Bollinger, Provost, Dartmouth College
"At last we have a cogent comparison of the treatment of free speech questions in the United States and Canada. With his demonstrated gift for clarity, Greenawalt provides a detailed account of the contrasting approaches to hate speech, obscenity, workplace harassment, and campaign spending in two liberal democracies. This work will enlighten even those who disagree with the positions it takes on the issue. It will be of use to experts, students, and general readers."--Martha Minow, Harvard Law School
"This is an exceptionally thoughtful and readable study of the most urgent free speech controversies of our time. By linking the analysis to the conflicting demands of justice toward individuals and communities, and doing so with scrupulous fairness, Greenawalt will lead many readers to rethink their vision of the good society."--Norman Dorsen, Stokes Professor of Law, New York University School of Law
"A lucid and subtle discussion. Greenawalt shows keen understanding of the temptations to regulate speech while defending its freedom resourcefully and generously."--George Kateb, Princeton University
"All of Kent Greenawalt's work is characterized by meticulous care and scrupulous fairness in argument. These talents of admirable balance and professional craft are especially apparent in this book, and their application to some of the most controversial free speech issues of our times is a needed addition to the literature."--Frederick Schauer, Frank Stanton Professor of the First Amendment, Harvard University
"By comparing American and Canadian perspectives, Greenawalt sheds light on how different constitutional cultures can reach different results on the same fundamental questions. This is a valuable work for anyone seeking to understand the most pressing free speech issues of our time."--Geoffrey R. Stone, Provost, University of Chicago
"Kent Greenawalt's important, insightful book provides thoughtful, lucid, well-balanced analyses of the most challenging contemporary free speech controversies. He carefully and sensitively examines and answers arguments, from across the political spectrum, for restricting allegedly harmful expression."--Nadine Strossen, President, American Civil Liberties Union
"Fighting Words is an outstanding book. It deserves not only all the accolades it undoubtedly will receive, but also the widest possible readership."--Lee C. Bollinger, Provost, Dartmouth College
"At last we have a cogent comparison of the treatment of free speech questions in the United States and Canada. With his demonstrated gift for clarity, Greenawalt provides a detailed account of the contrasting approaches to hate speech, obscenity, workplace harassment, and campaign spending in two liberal democracies. This work will enlighten even those who disagree with the positions it takes on the issue. It will be of use to experts, students, and general readers."--Martha Minow, Harvard Law School
"This is an exceptionally thoughtful and readable study of the most urgent free speech controversies of our time. By linking the analysis to the conflicting demands of justice toward individuals and communities, and doing so with scrupulous fairness, Greenawalt will lead many readers to rethink their vision of the good society."--Norman Dorsen, Stokes Professor of Law, New York University School of Law
"A lucid and subtle discussion. Greenawalt shows keen understanding of the temptations to regulate speech while defending its freedom resourcefully and generously."--George Kateb, Princeton University
"All of Kent Greenawalt's work is characterized by meticulous care and scrupulous fairness in argument. These talents of admirable balance and professional craft are especially apparent in this book, and their application to some of the most controversial free speech issues of our times is a needed addition to the literature."--Frederick Schauer, Frank Stanton Professor of the First Amendment, Harvard University
"By comparing American and Canadian perspectives, Greenawalt sheds light on how different constitutional cultures can reach different results on the same fundamental questions. This is a valuable work for anyone seeking to understand the most pressing free speech issues of our time."--Geoffrey R. Stone, Provost, University of Chicago
"Kent Greenawalt's important, insightful book provides thoughtful, lucid, well-balanced analyses of the most challenging contemporary free speech controversies. He carefully and sensitively examines and answers arguments, from across the political spectrum, for restricting allegedly harmful expression."--Nadine Strossen, President, American Civil Liberties Union
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