More reason to be skeptical of importing European approaches
to free speech into the U.S.?
hendersl at IX.NETCOM.COM
Tue Dec 4 08:28:26 PST 2001
Mari Matsuda's excellent article in 87 Mich. L. Rev. , Public response to
Racist Speech: Considering the Victim's Story, discusses hate speech laws
in Europe and International law; Bob Gordon has an interesting article in
Indiana LJ (early 90s?) on authoritarian aspects of speech regulation in
the US and UK. But I don't have it handy. I will get cite if people are
At 09:33 AM 12/4/2001 -0500, Mark Tushnet wrote:
>Is there an argument implicit in Eugene's suggestion "that it would be a
>mistake to import European approaches to free speech into U.S. First
>Amendment law; I do not take any position as to what the right rules are
>for the Europeans to implement for themselves" that free expression
>rules might properly respond to distinctive historical experiences
>rather than (something like) be derived from basic principles of
>liberalism? If there is, it might be interesting to discuss what the
>distinctive European experiences are that might justify distinctive
>rules for Europe, and to see if there are some (other) distinctive U.S.
>experiences that might analogously justify less hard-edged rules for the
>U.S. than Eugene regularly urges.
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