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The First Amendment in the Trump Era$
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Timothy Zick

Print publication date: 2019

Print ISBN-13: 9780190073992

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780190073992.001.0001

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Dealing with “Hate Speech”

Dealing with “Hate Speech”

(p.91) 5 Dealing with “Hate Speech”
The First Amendment in the Trump Era

Timothy Zick

Oxford University Press

This chapter discusses the controversies over “hate speech” that have dogged President Trump’s early years in office. It provides a brief primer on the First Amendment doctrine relating to “hate speech,” under which derogatory expression is mostly considered protected speech. The chapter examines both the harms associated with “hate speech” and the principal justifications for protecting it. It criticizes the Trump administration’s handling of issues relating to “hate speech.” It also addresses the special problems associated with governmental “hate speech.” The chapter concludes with a consideration of the extent to which the government can use its own expressive powers to educate Americans about the need to preserve both freedom of speech and the security and equal dignity that “hate speech” undermines.

Keywords:   President Trump, hate speech, First Amendment, freedom of speech, government speech, campus speech, Muslim ban

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