Must We Defend Nazis?

Why the First Amendment Should Not Protect Hate Speech and White Supremacy

176 pages

January, 2018

ISBN: 9781479857838

$14.95

Paper

Add to Cart Available: 12/22/2017

Also available in

Authors

Richard Delgado is the John J. Sparkman Chair of Law at the University of Alabama and has collaborated on numerous books, including The Latino Condition, 2nd edition (NYU Press, 2010), The Derrick Bell Reader (NYU Press, 2005), How Lawyers Lose Their Way: A Profession Fails Its Creative Minds, and Understanding Words That Wound.

All books by Richard Delgado

Jean Stefancic is Professor and Clement Research Affiliate at the University of Alabama and is the author of many articles and books on civil rights, law reform, social change, including No Mercy: How Conservative Think Tanks and Foundations Changed America’s Social Agenda.

All books by Jean Stefancic

A controversial argument for reconsidering the limits of free speech  

Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions.  But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?  

In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.  

Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers.  They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. 

As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society. 

Reviews

  • "Delgado and Stefancic have written a deeply insightful book about the regulation of hate speech. It is filled with penetrating insights and understandings that come from two scholar steeped in the literature. No doubt I’ll turn to it often. The careful analysis of free speech, race, and equality should influence a generation of scholars and students."

    —Alexander Tsesis, author of Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements