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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat 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]
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