
Episode #267
Where are America's hate speech laws?
"In most other countries, there are laws, criminal laws that prohibit the expression of racial hatred or incitement to racial hatred," says Samantha Barbas, author of Hate Speech: The Legal and Cultural History of an American Dilemma, in this episode of the Modern Law Library. "There are no hate speech laws in the United States, and that makes the U.S. a true exception, a true outlier in the world. And so my book was trying to get to the question, why did the U.S. take this unique path? How do we explain that historically? Where and when and why did we diverge from the path that was taken by most other countries?" World War II prompted a barrage of hate speech legislation after it ended, but not in the United States, Barbas tells host Lee Rawles. "We had just seen how totalitarian governments establish themselves through censorship," Barbas says. "There are two really important ideals that seem to be clashing in the post-war era. Many hate speech laws are proposed, but they are rejected or struck down on free speech grounds. So at this moment when Europe is adopting hate speech laws, America is going the other way: Proposing them, but then rejecting them, and that consensus in favor of freedom of speech is going to hold for several decades." In this episode of the Modern Law Library, Barbas and Rawles discuss how American courts and society have dealt with hate speech issues in the past, and how the growing awareness of psychological harm has impacted public attitudes about hate speech. They also explore Henry Ford and the Dearborn Independent, D. W. Griffith and Birth of a Nation, the Streisand Effect, and a series of cases about Illinois Nazis.





