As a professor at New York Law School and a former president of the ACLU, Nadine Strossen has spent much of her career writing and speaking about constitutional law and civil liberties. Her latest book, HATE: Why We Should Resist It with Free Speech, Not Censorship , draws on her decades of experience with these issues to present a thoroughly researched and strongly argued case against hate speech laws. As Strossen points out in her introduction, much of the controversy over the regulation of “hate speech” is rooted in the lack of a clear definition of the term, along with widespread confusion about what kinds of speech are protected by the First Amendment and what kinds of speech are punishable. She therefore begins by laying out two of the core constitutional principles at issue: viewpoint neutrality and the emergency test. Viewpoint neutrality is defined as the principle that government may not regulate speech “solely because the speech’s message, idea, or viewpoint is disfavore...
The Blog of the University of Houston Law Center O'Quinn Law Library