Chapter

Theoretical Implications

in Speak No Evil

Published by University of Chicago Press

Published in print July 2005 | ISBN: 9780226305530
Published online March 2013 | e-ISBN: 9780226305134 | DOI: http://dx.doi.org/10.7208/chicago/9780226305134.003.0003
Theoretical Implications

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This chapter ties the controversy surrounding hate speech regulation to three fundamental debates in law: What is the basis for free speech and the First Amendment? Where does legal meaning lie—in judicial doctrine or in the “shadow of law”? and How is legal or social change created? The chapter also presents a theory of extra-judicial law and legal meaning-making and connects this theory with the narrower hypothesis of the codes’ critics, who argued (perhaps unwittingly) that legal mobilization explained the rise of “politically correct” speech policies.

Keywords: hate speech; hate speech regulation; First Amendment; legal meaning; social change; extra-judicial law

Chapter.  13536 words.  Illustrated.

Subjects: US Politics

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