Geoffrey Stone
author of Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism
Book Recommendations:
Recommended by Geoffrey Stone
“In this work, Strossen stakes out a bold and important claim about how best to protect both equality and freedom. Anyone who wants to advocate for 'hate speech' laws and policies in the future now has the `Devil's Advocate' right at hand. No one can address this issue in the foreseeable future without taking on this formidable and compelling analysis. It lays the foundation for all debates on this issue for years to come.” (from Amazon)
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Recommended by Geoffrey Stone
“A lively, engaging, and thoughtful history of the complex evolution of free speech . . . Berkowitz brings to life the most exciting and compelling controversies over free speech in the history of the Western world.” (from Amazon)
The urge to censor is as old as the urge to speak. From the first Chinese emperor's wholesale elimination of books to the Vatican's suppression of pornography from its own collection, and on to the attack on Charlie Hebdo and the advent of Internet troll armies, words, images and ideas have always been hunted down by those trying to suppress them. In this compelling account, Eric Berkowitz reveals why and how humanity has, from the beginning, sought to silence itself. Ranging from the absurd - such as Henry VIII's decree of death for anyone who 'imagined' his demise - to claims by American slave owners that abolitionist literature should be supressed because it hurt their feelings, Berkowitz takes the reader on an unruly ride through history, highlighting the use of censorship to reinforce class, race and gender privilege and guard against offence. Elucidating phrases like 'fake news' and 'hate speech', Dangerous Ideas exposes the dangers of erasing history, how censorship has shaped our modern society and what forms it is taking today - and to what disturbing effects.
Recommended by Geoffrey Stone
“In Free Speech and Why You Should Give a Damn, Jonathan Zimmerman offers an accessible, engaging and compelling portrayal of the history of free speech in our nation and why the citizens of a democracy should both embrace and defend it fiercely.” (from Amazon)
In America we like to think we live in a land of liberty, where everyone can say whatever they want. Throughout our history, however, we have also been quick to censor people who offend or frighten us. We talk a good game about freedom of speech, then we turn around and deny it to others. In this brief but bracing book, historian Jonathan Zimmerman and Pulitzer Prize-winning cartoonist Signe Wilkinson tell the story of free speech in America: who established it, who has denounced it, and who has risen to its defense. They also make the case for why we should care about it today, when free speech is once again under attack. Across the political spectrum, Americans have demanded the suppression of ideas and images that allegedly threaten our nation. But the biggest danger to America comes not from speech but from censorship, which prevents us from freely governing ourselves. Free speech allows us to criticize our leaders. It lets us consume the art, film, and literature we prefer. And, perhaps most importantly, it allows minorities to challenge the oppression they suffer. While any of us are censored, none of us are free.
Recommended by Geoffrey Stone
“Original and insightful…The central premise of [Rothstein’s] argument…is that the Supreme Court has failed for decades to understand the extent to which residential racial segregation in our nation is not the result of private decisions by private individuals, but is the direct product of unconstitutional government action.” (from Amazon)
One of Publishers Weekly's 10 Best Books of 2017 Longlisted for the National Book Award This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation―that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation―the laws and policy decisions passed by local, state, and federal governments―that actually promoted the discriminatory patterns that continue to this day. Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north. As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods. The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past. 13 illustrations



