Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, and Civil Liberties

Instinctively, most decent people don't like to see anyone singled out and denigrated unfairly. To most, it seems particularly distasteful if the denigration is on the basis of race, gender or (to many, at least) sexual orientation. Yet the authors of this book, all of whom are active in campaigns for equality as well as for civil liberties, see codes on US campuses which prohibit and punish such speech as a threat.... Why? Their book examines the arguments for and against such codes and the issues that underlie them. Objections to these codes include that : They are a threat to basic free speech principles. In particular the idea that speech should be protected regardless of its content or viewpoint -- a principle intended to prevent the law from favouring one interest over another. They have a chilling effect on wider discourse. Nadine Strossen points out that : Regardless of how carefully these rules are drafted, they inevitably are vague and unavoidably invest officials with substantial discretion in the enforcement process; thus, such regulations exert a chilling effect on speech beyond their literal bands. (1) They put us on a "slippery slope". Ideas not originally intended to be the subject of the codes will be penalised. Throughout the book examples are given of this happening. Strossen points out that in Britain the "No Platform for racists and fascists" was extended to cover Zionism (whereby its victims included the Israeli ambassador to the UK). (2) In Canada the victims of restrictions of free expression have included the black feminist scholar Bell Hooks, and a gay & lesbian bookshop in Toronto. (3)Much the same issue was raised from the floor of an LM sponsored conference in London at which one of the authors (Nadine Strossen) spoke; it was pointed out that the UK Public Order Act of 1936, which was ostensibly introduced to control the followers of British Fascist leader Oswald Mosley, had been invoked time and time again to ban demonstrations by leftists and trade unionists. Similarly, police tactics used against the National Front in the 1980s to prevent their coaches from reaching demonstrations were later employed against striking miners. The book's authors note that the codes give power to institutions and government. Can we trust them with these new powers? As David Coles, a law professor at Georgetown University, wrote : ...in a democratic society the only speech government is likely to succeed in regulating will be that of the politically marginalised. If an idea is sufficiently popular, a representative government will lack the political wherewithal to supress it, irrespective of the First Amendment. But if an idea is unpopular, the only thing that may protect it from the majority is a strong constitutional norm of content neutrality. (4)Donald E. Lively questions how new powers will be exercised : Reliance upon a community to enact and enforce protective regulation when the dominant culture itself has evidenced insensiti