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Civil Liberties and the Moderate Thought Police

Published online by Cambridge University Press:  11 September 2002

Erin Dow
Affiliation:
Juvenile Rights Division of the NY Legal Aid Society
Marc Lendler
Affiliation:
Smith College

Abstract

Since the mid-1980s, academic communities have hosted an ongoing debate about the relationship between speech rights and hate speech. Many colleges established codes prohibiting speech ranging from displays of old fashioned racial bigotry to “inappropriately directed laughter” (Heyman 1996; Schiell 1998). These codes soon grew to prohibit other forms of offensive expression, including vilification based on gender, sexual preference, and some other categories comprising those described as historical victims. Stigmatizing or “assaultive” words were described as civil rights violations. Abstract rights of free expression had to be tempered with “the principle of anti-subordination;” that is, rights had to be weighed against harms to the most disadvantaged (Delgado and Stefancic 1997; Lawrence 1995).

Type
FEATURES
Copyright
© 2002 by the American Political Science Association

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Footnotes

We would like to thank Howard Gold of the Government Department at Smith for his help throughout this survey.