SOCIAL SCIENCES

HATE: Why We Should Resist It with Free Speech, Not Censorship

Oxford Univ. (Inalienable Rights). May 2018. 208p. index. ISBN 9780190859121. $24.95; ebk. ISBN 9780190859145. LAW
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OrangeReviewStarStrossen (constitutional law, New York Univ.; former president, American Civil Liberties Union; Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights) could not have published this superb book in a more timely fashion. Now more than ever, First Amendment rights are challenged, particularly when they verge on the nebulous territory of hate speech. Strossen succeeds in lucidly explaining the relevant legal issues in a way that benefits both professional and lay readers. Thus providing the legal history underlying the current hate speech laws, even while pointing out their deficiencies and gaps. In particular, the author takes on the task of examining the relative efficacy of such laws and, after much research, concludes that at best they have fallen short. In worst-case scenarios, they have been counterproductive, failing to protect target groups and individuals from harm. Fortunately, Strossen proposes a well-considered solution: "counterspeech" activism, which "directly refutes the ideas 'hate speech' conveys." Educational initiatives are especially cogent in achieving equitable ends. In conclusion, Strossen advocates for empowerment of disparaged people, in accord with the spirit of the Constitution.
VERDICT Essential for readers moved by Jeremy Waldron's The Harm in Hate Speech.
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