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Speak No Evil: The Triumph of Hate Speech Regulation
 
 
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Speak No Evil: The Triumph of Hate Speech Regulation [Paperback]

Jon B. Gould (Author)
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Book Description

0226305546 978-0226305547 July 1, 2005 1
Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of "keeping up with the Joneses," some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits.

Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.
(20050901)

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Editorial Reviews

Review

"Speak No Evil is an interesting inquiry into the debate and practice of hate speech regulation on college campuses, and beyond. This fascinating study surpasses the usual legalistic and policy questions to look at how hate speech regulation has developed and thrived in American institutional settings. It is original, compelling, and most convincing."—Michael McCann, coauthor of Distorting the Law

(Michael McCann )

"In Speak No Evil, Jon Gould makes a valuable contribution to our understanding of law and social change. His complex, provocative, and relentlessly empirical examination of hate speech regulation on college campuses expands our understanding of law and legality as they are enacted by institutions. Drawing upon a wide range of data, both qualitative and quantitative, Gould elucidates the dynamic process through which formal law and informal legality—or what he calls ''mass constitutionalism''—emerge and interact."—Patty Ewick, coauthor of The Common Place of Law

(Patty Ewick, coauthor of The Common Place of Law )

"Jon Gould has brought invaluable new insight to the subject of hate speech and speech codes. Instead of simply analyzing campus speech restrictions and the court cases that have invalidated those rules, Gould has sought explanations for the adoption of such constraints, and thus unsettles much of the conventional wisdom about why speech codes came into being and the purposes they were designed to serve. His thoughtful analysis benefits from a keen understanding of this complex subject, and anyone thinking about adopting, revising, replacing—or for that matter, challenging—a campus speech code needs to read Gould''s book."—Robert M. O''Neil, author of The First Amendment and Civil Liability

(Robert M. O'Neil, author of The First Amendment and Civil Liability )

"Speak No Evil makes an important contribution to understanding the regulation of hate speech and the development of constitutional rights in a democratic society. This exciting and important book compels readers to reassess how constitutional meanings are made outside the courts. Writing on a subject that has received mostly polemical and ideological attention, Gould offers an evenhanded, rich, and penetrating analysis. The wealth of data alone makes the book a major contribution."The Hollow Hope: Can Courts Bring About Social Change?>

(Gerald N. Rosenberg, author of The Hollow Hope )

"An important and much needed new book. . . . Readable, balanced, free of jargon, and comprehensive in scope, this book is a must-read for scholars of the First Amendment and legal mobilization. and is sufficiently accessible for use in upper level undergraduate courses in civil liberties and law and society."—Brian Pinaire, Law and Politics Book Review
(Brian Pinaire Law and Politics Book Review )

"Speak No Evil is dispassionate and empirically based. On this heated topic, its sense of authorial distance and reliance on data are welcome. . . . The challenge . . . [is] to foster an environment in which difficult dialogues can occur. Gould''s book moves us closer to thinking about how to create such an environment."—William G. Tierney, Educational Researcher
(William G. Tierney Educational Researcher )

"The first rigorously empirical analysis of the rise and perpetuation of the speech-code movement in America."—Donald. A. Downs, Perspectives on Politics
(Donald A. Downs Perspectives on Politics )

"Gould presents a timely analysis of the contentious debate on the limits of free speech on campus. . . . Gould has certainly written an important book that should be read by most, if not all, faculty and university administrators."
(Michael Boudreau CAUT Bullettin )

About the Author

Jon B. Gould is assistant director of the Administration of Justice program and assistant professor in the Department of Public and International Affairs at George Mason University, where he is jointly appointed in law and women's studies.

Product Details

  • Paperback: 224 pages
  • Publisher: University Of Chicago Press; 1 edition (July 1, 2005)
  • Language: English
  • ISBN-10: 0226305546
  • ISBN-13: 978-0226305547
  • Product Dimensions: 8.9 x 6 x 0.7 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,101,278 in Books (See Top 100 in Books)

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4 of 4 people found the following review helpful:
5.0 out of 5 stars Goodbye 'free speech zones'!, September 1, 2005
This review is from: Speak No Evil: The Triumph of Hate Speech Regulation (Paperback)
Gould's comprehensive work explains how speech restrictions were introduced and thrive in the 'free' college campus. Supposedly implemented to protect students, these 'free speech zones' were really about following the lead of other schools who implemented them first.

The free speech zones themselves emerged in the aftermath of the 1960s. Colleges presumed that if they could control where people were protesting, they could control the atmosphere of the protest---and prevent things from getting out of hand.

The courts however are concerned that colleges acted in excess. The establishment of these zones was not legitmately connected to public safety. Furthermore, circumstances did not warrant a measure as severe as limiting the student body's constitutional right to free speech.

Because universities cannot demonstrate how the restriction of adult's speech ultimately contributes to the free inquiry needed in post-secondary environments, free speech zones and the other restrictions are under fire. The petitioners allege that these restrictions violate their right to free speech.

As 'offensive speech' is a largely subjective matter, today's protestor against 'hate speech' might very well find themselves being picketed for 'offensive speech' if these laws are to stand. Especially in the post-secondary environment, free speech restrictions stifle democracy, learning---and the very mission of the institutions.

Yes, this means that people will periodically run into speech they find objectionable, but this is a rather insignificant price to pay for living in a democracy.

Gould does not provide easy answers inside his work. Rather he wants the readers of this title to understand how having a monolithic blanket against the 'offensive' is an impossible policy to implement. What initially comforts us today might restrict us in the near future. Such is the difficulty of regulating speech.

This work is important for academic libraries, but it is also a worthwhile read for civil libertarians, and activists. I would finally recommend that the local public library stock a copy because the First Amendment is so important to a free society.
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