
Must We Defend Nazis?
Why the First Amendment Should not Protect Hate Speech and White Supremacy
New York University Press
Published on 31. January 2018
Book
Hardback
176 pages
978-1-4798-8771-2 (ISBN)
Description
A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Reviews / Votes
"The motives and theories behind outlawing hate speech are made clearest by the updated version of Richard Delgado and Jean Stefancic's Must We Defend Nazi's?." - Claremont Review of BooksMore details
Language
English
Place of publication
New York
United States
Target group
Professional and scholarly
Product notice
Trade binding
Dimensions
Height: 203 mm
Width: 127 mm
Weight
286 gr
ISBN-13
978-1-4798-8771-2 (9781479887712)
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Schweitzer Classification
Other editions
Additional editions

Richard Delgado | Jean Stefancic
Must We Defend Nazis?
Why the First Amendment Should not Protect Hate Speech and White Supremacy
E-Book
01/2018
New York University Press
€15.99
Available for download
Persons
Richard Delgado (Author)
Richard Delgado is John J. Sparkman Chair of Law at the University of Alabama and one of the founders of critical race theory. His books include The Latino/a Condition: A Critical Reader (coedited with Jean Stefancic) and The Rodrigo Chronicles.
Jean Stefancic (Author)
Jean Stefancic is Professor and Clement Research Affiliate at the University of Alabama School of Law. Her books include No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda. She and Delgado edited Critical Race Theory: The Cutting Edge.
Richard Delgado is John J. Sparkman Chair of Law at the University of Alabama and one of the founders of critical race theory. His books include The Latino/a Condition: A Critical Reader (coedited with Jean Stefancic) and The Rodrigo Chronicles.
Jean Stefancic (Author)
Jean Stefancic is Professor and Clement Research Affiliate at the University of Alabama School of Law. Her books include No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda. She and Delgado edited Critical Race Theory: The Cutting Edge.