Extreme Speech and Democracy

• Examines the highly topical issues of freedom of speech and the media in relation to liberal democractic values and their response to extreme speech
• Confronts difficult philosophical and political questions faced by democracies in their fight against hate speech
• Contributors include experts in the field Eric Barendt, John Finnis, and David Feldman

Readership: Academics, scholars, and advanced students of Human Rights; Comparative Human Rights; Freedom of Information & Freedom of Speech; Media, Information, & Communication Industries; Censorship; Pornography & Obscenity; Extreme Speech & Hate Speech

Edited by Ivan Hare, Barrister, Blackstone Chambers, and James Weinstein, Amelia Lewis Professor of Constitutional Law, Arizona State University College of Law

"'...the contributors include many of the illustrious names in contemporary free speech scholarship, and the quality of the contributions is on the whole high"" - Lawrence R. Douglas, Times Literary Supplement

"What are the appropriate limits to freedom of expression in societies that wish to be democratic, multi-cultural, and committed to the human rights of all? Ivan Hare and James Weinstein, a UK human rights practitioner and a US academic, have assembled a dazzling array of talent from a variety of disciplines, jurisdictions, and viewpoints to explain and debate a controversy that is intellectually complex, politically explosive, and as current as today's news. Extreme Speech and Democracy is a mine of information and argument that will be quarried for years to come. This is quite simply the most sophisticated, penetrating, and ambitious study of these issues available." - Christopher McCrudden, FBA, Professor of Human Rights Law, University of Oxford

"The papers in this book bring a penetrating scholarship to the law relating to extreme speech-and to the political philosophy which is the subject's real challenge. Whether you believe in free expression warts and all, or in censorship for the sake of public tranquillity, you will find these contributions a major intellectual resource." - Lord Justice Laws

"compendious, thoughtful, learned and very well produced and laid out. The topic is both provocative and important, being no less than the future of our liberal culture and the task it faces in accommodating itself to the challenge of extremism without destroying all that is good about itself in the process...The book is one to be read through from start to finish or enjoyed in bite-sized chunks grabbed as the opportunity arises...The book's many contributors have various responses to the issue of controlling as well as celebrating speech but it is a tribute both to themselves and to the editors that few deny that the issue is one which needs properly to be addressed. The book is all the better as a defender of free speech (and liberal values) for taking its opponents so seriously." - Conor Gearty, London School of Economics, Entertainment Law Review, Volume 20, issue 8, 2009

"...whoever takes whatever stand in a debate so intellectually complex and politically explosive as that about the limits of the freedom of expression, must be able to judge all the arguments for and against, recognise the false justifications on both sides, and formulate a clear position. For once, the flap text does not disappoint: these contributions are a major intellectual resource for that endeavour" - Chrisje Brants, Utrecht University, The Netherlands, Netherlands Quarterly of Human Rights 28.2

"...This book makes for a very valuable and interesting read, not only for those dealing with the legal dimension of 'hate speech', but also for others interested in that crucially important sphere of public life and debate within democratic society." - Aleksandra Gliszczynska-Grabias, Polish Academy of Sciences, Human Rights Law Review 10:3

"It is rare to see a book full of such deep thoughts expressed with such clarity...the essays are stylish and structured." - Rosalind MM McInnes, Principal Solicitor, BBC Scotland

Part I: Introduction and Background
1: Ivan Hare, James Weinstein: Introduction
2: Dieter Grimm: Freedom of Speech in a Globalizing World
3: James Weinstein: Extreme Speech and Democracy
4: Ivan Hare: The International and European Law of Freedom of Expression
5: David Williams: Historical Perspectives on Extreme Speech Regulation in the United Kingdom
6: Maleiha Malik: <"Extreme Speech>": Political Engagement as an Alternative to Legal Regulation
Part II: Hate Speech
7: Robert Post: Analysing Hate Speech
8: Eric Heinze: Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech Regulation
9: Wayne Sumner: Incitement and the Regulation of Hate Speech
10: Erich Heinze: Homophobic Speech
Part III: Speech that Promotes Religious Hatred
11: Sara Savage, Jose Liht: Do-it-yourself radical religious speech: how to assemble the ingredients of a binary world view
12: Ivan Hare: Crosses, Crescents and Sacred Cows: Criminalising Incitement to Religious Hatred in European and UK Law
13: Ian Cram: Satire, Cartoons and Offensive Expression
14: Amnon Reichman: The Passionate Expression of Hate: Constitutional Protections, Emotional Harm and Comparative Law in Israel
Part IV: Religious Speech and Expressive Conduct That Offend Secular Values
15: Carolyn Evans: Religious Speech that Undermines Gender Equality
16: Ian Leigh: Equality Denial: A New Hate Crime
17: Dominic McGoldrick: The Veil Controversies in Europe
18: John Finnis: Reflections on the Veil in Schools
Part V: Incitement to and Glorification of Terrorism
19: Lord Goldsmith, QC: The UK Government's Response to the Threat of Terrorism
20: Eric Barendt: Incitement to and Glorification of Terrorism in the United Kingdom
21: Tufyal Choudhury: Encouraging Terrorism
22: Makhdoom Ali Khan: A Different Perspective on Incitement to Terrorism
23: David Feldman: Comment
Part VI: Holocaust Denial
24: David Fraser: <"On the Internet, nobody knows you're a Nazi>": Some Comparative Aspects of Holocaust Denial on the www
25: Michael Whine: Holocaust Denial
26: Dieter Grimm: The Holocaust Denial Opinion of the German Federal Constitutional Court
27: Patrick Weil: The Politics of Memory: the Ban and Commemoration in France
28: Robert Post: Comment
Part VII: Governmental and Self-Regulation of the Media
29: David Edgar: Shouting Fire: From the Nanny State to the Heckler's Veto
30: David Bodney: An American Perspective
31: Jacob Rowbottom: Extreme Speech and the Media
Part VIII: Conclusions
32: Ivan Hare, James Weinstein: Extreme Speech in Comparative Perspective
Appendices