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The Excesses of State Regulation . . . Black folk can't be nonviolent now. I'd rather just lay ya down, spray ya down Till justice come around Cuz without it, there'll be no peace. White House Press Secretary Marlin Fitzwater asked "appropriate legal authorities to take a look at this case ..." Los Angeles Times A33 (July 3, 1992). 122
4. Taking Sides I began these lectures by analysing controversies over pornography, hate speech, and blasphemy as struggles for respect between status groups. Contemporary western societies respond by oscillating between the extremes of liberalism and authoritarianism, uncritical tolerance and perfectionist control, idolatry of the market and fealty to the state. Liberalism demands faith that truth and justice will triumph in the long run; but Keynes reminds us that in the long run we will all be dead. Politicians court fickle publics by promising the quick fix of more laws and heavier penalties. Both sides construct moral panics. Liberals warn that any restraint on speech is a step down the slippery slope toward fascist and communist totalitarianism; governmental partisanship revives memories of state religion and agitprop. Prohibitionists justify bans on pornography and hate speech by raising the spectre of physical attacks on women and racial, religious and sexual minorities. In the second and third lectures I criticised both extremes: civil libertarianism cannot inform a principled stance toward speech, yet state regulation inevitably invites excesses and errors. This final lecture attempts the formidable task of charting a path that reduces one harm of speech—the reproduction of status inequality—while minimising the harm to speech from state regulation. I begin by arguing the need to take sides, drawing lessons from other particularistic experiments. I briefly consider efforts to liberate and amplify silenced voices but focus on responses to harmful speech. Although I do not claim to have eliminated the inescapable tension between freedom and authority, I am hopeful that modest steps to redress status inequality will enlarge our vision of the just society and lead us toward it. 123
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THE HAMLYN LECTURES SPEECH AND RESP
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AUSTRALIA The Law Book Company Sydn
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Published in 1994 by Stevens & Sons
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The Hamlyn Lectures 1949 Freedom un
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The Hamlyn Lectures 1977 The Europe
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The Hamlyn Trust The Trustees are t
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Introduction created the necessary
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1. The Struggle for Respect I am go
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The Struggle for Respect 52 New Yor
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The Poverty of Civil Libertarianism
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References Abel, Richard L. 1973. "
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References Humanities in Higher Edu
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References President, the Congress,
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References Garcia, Mario T. 1992. "
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Speech and Respect By Richard Abel
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