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The Harm in Hate Speech (Oliver Wendell Holmes Lectures) [Hardcover]

Jeremy Waldron
3.3 out of 5 stars  See all reviews (6 customer reviews)

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Book Description

May 7, 2012 Oliver Wendell Holmes Lectures

Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.

Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.


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The Harm in Hate Speech (Oliver Wendell Holmes Lectures) + Freedom for the Thought That We Hate: A Biography of the First Amendment + Free Speech: A Very Short Introduction (Very Short Introductions)
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Editorial Reviews

Review

We have plenty of free speech in this country, but not nearly enough free speech about free speech itself. In this elegantly written, fair minded, and carefully reasoned book, Jeremy Waldron raises important issues about the real harm caused by certain kinds of speech. His argument is certain to give even free speech absolutists pause. (Louis Michael Seidman, Georgetown University )

Jeremy Waldron's vigorous defense of restricting hate speech will benefit those who agree with him and those who do not. The book is clearly written, both subtle and inventive in its arguments, continuously stimulating, and shows a remarkable generosity of spirit. This is quite an achievement. (George Kateb, Author Of human Dignity )

Waldron is a legal and political thinker at the height of his powers. Even, or perhaps especially, for someone who disagrees with his position on hate speech legislation, this book conveys a subtle, rich, rigorous and deeply challenging argument. (Timothy Garton Ash, St Antony's College, University Of Oxford )

A vigorously argued, intelligent challenge to the "liberal bravado" of U.S. First Amendment scholars. In an eloquent reply to free-speech advocates, Waldron moves step by step in building the argument as to why hate-speech laws are good for a well-ordered society...The author argues that the damage caused by hate speech is like an "environmental threat to social peace, a sort of slow-acting poison" that robs the intended victims of their dignity and reputation in society. Waldron's analogy between hate speech and pornography--in terms of the defamation of women--is particularly noteworthy. He responds carefully to the notion of free speech as a necessary part of democracy's "marketplace of ideas" and looks to the Enlightenment philosophes for their views on toleration and defamation. (Kirkus Reviews 20120415)

[Waldron's] book sheds light on a number of difficult issues, and occasionally exposes the difference between historical fact and fiction...He elegantly and convincingly advocates that our leaders should not only avoid the use of hate speech themselves, but also condemn its use by others...We should all do our best to preserve President Ford's conception of America as a place where we can disagree without being disagreeable. An understanding of the arguments in Waldron's book may help us to do so. (John Paul Stevens New York Review of Books 20120607)

To the (mostly white) liberals who say they hate the content of hate speech, but defend its right to exist under the First Amendment (often while patting themselves on the back for their tolerance), Waldron replies, in essence: easy for you to say. In this brief, eloquent book, he urges readers (at a bare minimum) to think about how hate speech feels from the point of view of its targets...From key court battles Waldron teases out the ideas that matter in deciding how to balance free expression with a free society, one in which everybody can "know that when they leave home in the morning, they can count on not being discriminated against or humiliated or terrorized." (Kate Tuttle Boston Globe 20120527)

This is a wonderful book. It conveys complex ideas in an accessible and convincing way...Jeremy Waldron has put together a clear and compelling rationale for hate-speech laws--the harm that it causes to human dignity. (Katharine Gelber Times Higher Education 20120531)

Waldron...challenges society and its legal system to do something about [the harm done by hate speech]. But the likelihood that something will be done is slim if Waldron is right about the state of First Amendment discourse: "[I]n the American debate, the philosophical arguments about hate speech are knee-jerk, impulsive and thoughtless." Not the arguments of this book, however; they hit the mark every time. (Stanley Fish New York Times 20120604)

The Harm in Hate Speech is the fullest embodiment of arguments that Waldron has been developing for years...Waldron's treatise is primarily a philosophical defense of hate-speech regulation. He argues that hate speech is an "environmental" problem that pollutes the atmosphere of security and dignity that society should provide to all its members...Speech intended to intimidate or malign destroys this assurance...While we should continue to protect the free speech of those we disagree with, The Harm in Hate Speech makes a compelling case that they are not the only ones who need defending. (Daniel Townshend American Prospect 20120615)

This book develops a theory of hate speech that challenges existing U.S. legal rubrics. U.S. courts have repeatedly held that the First Amendment forbids criminalization of hate speech, but Waldron advances a broader view of the link between free expression and important social values such as tolerance and inclusiveness...If dignity is a concept that is valued by a polity, Waldron argues, then there are important reasons to distinguish hate speech from other forms of expression that merit legal protection. An elegant synthesis of modern legal philosophy and leading cases, as well as a critique of the positions of prominent legal theorists such as Ronald Dworkin and C. Edwin Baker, the book is a readable, thought-provoking contribution to the literature. (S. B. Lichtman Choice 20121201)

Waldron is firmly on the side of the hate speech legislators. He wants free speech dogmatists to think again, and presents a series of challenges to the prevailing view in the U.S. (Nigel Warburton Times Literary Supplement 20130104)

About the Author

Jeremy Waldron is University Professor, New York University School of Law, and Chichele Professor of Social and Political Theory, All Souls College, University of Oxford.

Product Details

  • Hardcover: 304 pages
  • Publisher: Harvard University Press (May 7, 2012)
  • Language: English
  • ISBN-10: 0674065891
  • ISBN-13: 978-0674065895
  • Product Dimensions: 5 x 0.6 x 7.5 inches
  • Shipping Weight: 14.1 ounces (View shipping rates and policies)
  • Average Customer Review: 3.3 out of 5 stars  See all reviews (6 customer reviews)
  • Amazon Best Sellers Rank: #333,619 in Books (See Top 100 in Books)

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Customer Reviews

3.3 out of 5 stars
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3.3 out of 5 stars
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Most Helpful Customer Reviews
8 of 12 people found the following review helpful
Format:Hardcover
The author took on a subject that most avoid, and for that I congratulate him. At the same time, his arguments are almost always based on false premises.

Early on, the author says the publisher of hate speech wants to exclude, beat, and drive out the object of his attacks. Exclusion is NOT the same as beat, the latter being clearly against the law. "Drive out" is tricky, for unless the publisher causes harm to the persons and/or their properties - both clearly against the law separate and apart from hate speech legislation - then the persons may have left (or not left) for any number of other reasons. The liberal links exclusion and beaten because, for the liberal, they are one and the same. For the rest of us, there is a world of difference. Over the past Jewish holidays, I had any number of guests to my home, every one of them Jewish. Clearly I knowingly "excluded" all other peoples, but I certainly didn't and wouldn't beat those peoples. Should I be arrested?

The author spends a lot of time extolling and defining a "well-ordered society". Well, the really well-ordered societies are the most homogeneous ones - small towns in which everyone is white and Christian, Orthodox Jewish neighborhoods, Japan, etc. The beloved diversity is the enemy of a well-ordered society, so the author avoids this inconvenient truth.

Hate speech is a slippery slope, starting with defining hate speech. The author says that anything that affects the "dignity" of another individual is hate. Better build more law schools and prisons because we are ALL in trouble by this definition. Is 'NO SHARIA LAW' hate speech or a valid opinion? If I look at someone and smirk, is that hate thought? If a black person smirks at me, is that NOT hate thought by virtue of his melanin?
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3 of 6 people found the following review helpful
5.0 out of 5 stars important and an invaluable resource October 7, 2012
Format:Hardcover
The Harm in Hate Speech is important and an invaluable resource. I read it with great interest.

Waldron argues that there is a sort of public good of inclusiveness that our society sponsors and that it is committed to. Hate speech undermines this public good, or it makes the task of sustaining it much more difficult than it would otherwise be. Hate speech creates an environmental threat to social peace, a "sort of slow-acting poison, accumulating here and there, word by word, so that eventually it becomes harder and less natural for even the good-hearted members of the society to play their part in maintaining this public good".

Waldron maintains that hate speech undermines the dignity of the person. A person's dignity is not just some Kantian aura. It is their social standing, the fundamentals of basic reputation that entitle them to be treated as equals in the ordinary operations of society. Hate speech aims "to besmirch the basics of their reputation, by associating ascriptive characteristics like ethnicity, or race, or religion with conduct or attributes that should disqualify someone from being treated as a member of society in good standing". Hate messages undermine the targets' equal status in the community, their entitlement to basic justice and to the fundamentals of their reputation.
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20 of 37 people found the following review helpful
Format:Hardcover
Mr. Waldron claims that white free speech must be suppressed so that we don't make "vulnerable minorities" feel uncomfortable. If minorities are "vulnerable," then it is bad to be a minority. If it is bad to be a minority, why is it "hate" for whites to resist immigration in to ALL white countries? Eventually, if present trends continue, white children will be minorities in all historically white countries, even their indigenous European homelands.

The truth is that hate speech is routinely directed at whites. We are scapegoated for non-white failures, and then accused of "hate speech" when we defend ourselves and place the responsibility for minority failure on minorities themselves. Whitey cannot win. The anti-racists will not be satisfied until the very last generation of white children is blended out of existence and our people snuffed out forever.
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30 of 57 people found the following review helpful
Format:Hardcover
[CENSORSHIP ALERT: Amazon removed my original review of this book from last June, apparently on the grounds that I made a product link to Shlomo Pines' uncensored translation of "The Guide of the Perplexed" (see below). One product link, which is not connected with the reviewer's 'signature block,' is permitted by Amazon, but not in the case of my review. Why the special exception? I am now forced to submit this review without a product link to Shlomo Pines. It will be interesting to see how long this version of my review of Mr. Waldron's book remains on line, or is removed on the basis of some other alibi for Amazon's censorship. -July 4, 2012]

Mr. Waldron proceeds from the premise that "hate speech" consists in stereotypical redneck bigotry and assorted "anti-semitic" attacks. He ignores the deluge of Talmudic hate speech that has poured forth in recent years from Orthodox rabbis execrating Arabs and gentiles.

Here is one example of his obtuse approach to the subject, from p. 195:

"Suppose someone puts up posters conveying the opinion that people from Africa are nonhuman primates.... Maybe there was a time when social policy generally ... could not adequately be debated without raising the whole issue of race in this sense. But that is not our situation today.... In fact, the fundamental debate about race is over - won, finished. There are outlying dissenters, a few crazies who say they believe that people of African descent are an inferior form of animal; but for half a century or more, we have moved forward as a society on the premise that this is no longer a matter of serious contestation.
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