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speech and respect - College of Social Sciences and International ...

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The Excesses <strong>of</strong> State Regulation<br />

Pol<strong>and</strong>, hoping to play the song "Zyklon B" at Auschwitz to symbolise<br />

Jewish survival, many Israelis protested. One Auschwitz survivor found<br />

this "a desecration <strong>of</strong> the memory <strong>of</strong> the victims." New York Times B2<br />

(August 5, 1992).<br />

44<br />

New York Times A8 (January 29,1992), s. 1 p. 15 (February 16,1992); Los<br />

Angeles Times El (February 21, 1992).<br />

45<br />

Flam (1992). The prestigious Documenta IX exhibit in Kassel removed<br />

four <strong>of</strong> the five paintings by Filipino-American artist Manuel Ocampo<br />

because they contained swastikas, although he denied advocating fascism<br />

<strong>and</strong> claimed they were an ancient mystic symbol. Los Angeles<br />

Times F8 (June 15,1992). Soon thereafter the Galerfa Otra Vez at a Latino<br />

art centre in Los Angeles removed Ocampo's "Vade Retro"—a cartoonish<br />

black man with gigantic genitals urinating on the cross—from its<br />

"Monster! Monster?" exhibit for the Columbus quincentennial. The<br />

gallery refused Ocampo's <strong>of</strong>fer to post a statement explaining his intentions.<br />

Los Angeles Times F1 (October 10, 1992).<br />

Two Columbia <strong>College</strong> seniors argued strongly that "Batman Returns"<br />

was anti-Semitic. New York Times A17 (July 2, 1992) (op ed).<br />

46<br />

New York Times A5 (February 29, 1992); Los Angeles Times A3 (July 25,<br />

1992).<br />

47<br />

New York Times s.1 p.1 (February 23, 1992).<br />

48<br />

Los Angeles Times E1 (January 28, 1992).<br />

49<br />

For consequentialist justifications for regulating hate <strong>speech</strong>, see Riesman<br />

(1942); Delgado (1982); Matsuda (1989: 2327). When Goethe published<br />

The Sorrows <strong>of</strong> Young Werther in 1774, a fictionalised account <strong>of</strong> his own<br />

love triangle, some communities banned it, blaming it for several suicides<br />

that followed. New York Times B1 (August 7, 1992).<br />

Roger Coggan, director <strong>of</strong> Los Angeles Gay <strong>and</strong> Lesbian Community<br />

Services, deplored the threefold increase in attacks on gays <strong>and</strong> lesbians<br />

between 1989 <strong>and</strong> 1991 <strong>and</strong> blamed California Governor Pete Wilson's<br />

veto <strong>of</strong> AB101, which would have outlawed employment discrimination<br />

against gays <strong>and</strong> lesbians. "The veto . . . sends a message that gays <strong>and</strong><br />

lesbians are not entitled to basic government protection. It's a message<br />

that fans the flames <strong>of</strong> gay-bashing <strong>and</strong> bigotry." Los Angeles Times B1<br />

(January 23, 1992).<br />

During his first bout as presidential c<strong>and</strong>idate, Ross Perot followed the<br />

dubious lead <strong>of</strong> Dan Quayle by attacking a "Doogie Hawser" episode in<br />

which the eponymous character <strong>and</strong> his girlfriend, both 18, lost their<br />

virginity. "Some 15-year-old girl that's been thinking about it hadn't done<br />

it yet. 'Hell, Doogie's girl did it. It must be all right.' " New York Times A9<br />

(June 8, 1992).<br />

50<br />

Morgan (1977: 169).<br />

51<br />

Russell <strong>and</strong> Lederer (1980: 24-26).<br />

52<br />

Lederer(1980d: 122).<br />

53<br />

Childress (1991). It is more plausible that tolerating pornography increases<br />

its prevalence. Porn stars are appearing in mainstream films (Traci<br />

112

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