Review essay. First amendment law: hate speech, equality, and freedom of expression

2001 ◽  
Vol 51 (2) ◽  
pp. 406-412
Author(s):  
K. Youm
Keyword(s):  
First Amendment ◽  
Review Essay ◽  
Hate Speech ◽  
Freedom Of Expression

Hatred, Dignity, and Freedom of Expression

2021 ◽  
pp. 244-295
Author(s):  
Matthew H. Kramer
Keyword(s):  
First Amendment ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Sense Of Self ◽  
Moral Principle ◽  
The Political ◽  
American Constitution ◽  
Liberal Democracies ◽  
Main Target ◽  
The Usa

In his 2012 book The Harm in Hate Speech, Jeremy Waldron has argued sustainedly in favor of hate-speech laws like those that have been enacted in most of the European liberal democracies and in Canada and the Antipodes. His main target is the American position on hate speech, for in the USA any laws along the lines of those just mentioned would be violative of the First Amendment to the American Constitution. This chapter maintains that the gist of the American position is not only a corollary of the First Amendment but also a corollary of the moral principle of freedom of expression. Even more strongly, the chapter contends that the hate-speech statutes championed by Waldron are profoundly demeaning for any country wherein they are adopted. The adoption of such statutes both ensures and presupposes that a system of governance has failed to meet its responsibility to bring about the political and social and economic conditions under which every member of a society can be warranted in harboring an ample sense of self-respect.

What The Slants’ First Amendment Case at the Supreme Court Actually Won

2021 ◽  
Author(s):  
Simon Tam
Keyword(s):  
Social Change ◽  
Supreme Court ◽  
First Amendment ◽  
Legal System ◽  
Hate Speech ◽  
Legal Theory ◽  
Freedom Of Expression ◽  
Personal Account ◽  
The Supreme Court ◽  
Person Account

This is a first-person account of the First Amendment case that rocked the nation. Much has been written about The Slants’ trademark case, which was decided at the Supreme Court, from NPR to Rolling Stone, but nearly everything published focused on the Washington Football team’s name and fear about a floodgate of hate speech. This article provides the argument for freedom of expression using an equity lens, moving it from abstract legal theory to a personal account of what the legal system and its procedures are actually like for those who wish to create social change.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

“Stick to Sports”? First Amendment Values and Limitations to Student-Athlete Expression

2021 ◽  
pp. 107769902110187
Author(s):  
Michael K. Park
Keyword(s):  
Expression Analysis ◽  
First Amendment ◽  
Student Athletes ◽  
Freedom Of Expression ◽  
Political Activism ◽  
Public University ◽  
Regulatory Environment ◽  
Student Athlete ◽  
Public Issues ◽  
University Officials

The resurgence of political activism by student-athletes raises the specter of increased constitutional challenges to public university regulations on student-athlete speech. This article explores the special regulatory environment situating student-athletes and gleans the First Amendment values underpinning cases where student-athletes challenge institutional regulations on their freedom of expression. Analysis of the legal discourse suggests that courts are more likely to apply increased scrutiny to university officials’ attempts to regulate expression on public issues versus speech that address personal or private matters. This article ends with some suggestions for practitioners and scholars to consider when evaluating regulations on student-athlete speech.

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