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Periodical article | Leiden University catalogue | WorldCat |
Title: | Contextualizing the hate speech debate: the United States and South Africa |
Author: | Traum, Alexander |
Year: | 2013 |
Periodical: | Journal of African and international law (ISSN 1821-620X) |
Volume: | 6 |
Issue: | 2 |
Pages: | 501-525 |
Language: | English |
Geographic terms: | South Africa United States |
Subjects: | constitutional law legislation freedom of speech social conditions |
Abstract: | Over the last few decades, countries have faced the question of what legal measures, if any, should be taken to combat expressions commonly referred to as 'hate speech.' Laws regulating this speech are controversial. This article does not take sides but contributes to the literature on this subject by arguing that the debate should take into account the unique historical and cultural legacy of the country at issue. To support this claim, the article examines two countries' divergent approaches to the problem of hate speech: the United States and South Africa. By focussing on the oldest and one of the newest constitutional democracies, the author shows how the debate over hate speech laws is not shaped by abstract constitutional or philosophical values, but by the experiences of the collective polity of the countries addressing the problem. The article specifically focusses on seminal moments that shaped the United States and South Africa's respective trajectories on the hate speech question, coming to the conclusion that the debate should not only appeal to abstract principles but should also include a careful consideration of the distinctive characteristics of the country in question. Notes, ref. [ASC Leiden abstract] |