Document Type
Working Paper
Publication Date
7-9-2012
SSRN Discipline
Legal Scholarship Network; PSN Subject Matter eJournals; Social Insurance Research Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Political Science Network; Political Behavior eJournals
Abstract
Identifies one reason why proponents of hatespeech regulation encounter resistance often it is the stubborn manner in which we frame the two core values at stake equal dignity and freedom of speech Illustrates the shortcomings of judicial balancing as a way of resolving the tensions between these two opposing values Uses narrative theory to show how society prevents canonical ideas and social structures from undergoing rapid change Explores routes that reformers may take that may circumvent these obstacles
Recommended Citation
Jean Stefancic & Richard Delgado,
Hateful Speech, Loving Communities: Why Our Notion of 'A Just
Balance' Changes So Slowly,
(2012).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/55