Hate Speech and Other Intimidating Communications


Leading Cases Involving Old Media

Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) (Supreme Court ruling that face-to-face provocative remarks can be banned as fighting words—about the closest that the high court has come to upholding restrictions on hate speech).


Village of Skokie v. National Socialist Party, 373 N.E. 2d 21 (Ill. Sup. Ct. 1978) (one of several rulings in the famous incident, in which the city of Skokie tried various measures—ultimately rejected by the courts—to keep neo-Nazis from marching through the city streets).


John Doe v. University of Michigan, 721 F. Supp. 852 (1989) (one of several decisions that struck down university hate speech codes as unconstitutional).


R.A.V. v. St. Paul, 505 U.S. 377 (1992) (Supreme Court decision striking down hate speech statute).


Virginia v. Black, 538 U.S. 343 (2003) (Supreme Court upholds a state law permitting punishment for cross burning if this symbolic speech can be shown to be an effort to intimidate the victim).


Cases Involving New Media


Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists
, 290 F. 3d 1058 (9th Cir. 2002) (upholding verdict against anti-abortion website considered a threat to the lives of medical providers).


Law Review Articles


Joshua Azriel, "First Amendment Implications for E-Mail Threats: Are There Any Free Speech Protections?" 23 John Marshall J. Computer & Info. L. 845 (2005).


Joshua Azriel, "The Internet and Hate Speech: An Examination of the Nuremberg Files Case," 10 Communication Law & Policy 477 (2005).


Lyombe Eko, "New Medium, Old Free Speech Regimes: The Historical and Ideological Foundations of French & American Regulation of Bias-Motivated Speech and Symbolic Expression on the Internet," 28 Loyola of Los Angeles International & Comparative Law Review 69 (2006).


Matthew C. Ruedy, "Repercussions of a MySpace Teen Suicide: Should Anti-Cyberfullying Laws Be Created?" 9 North Carolina J.L. & Tech. 323 (2008).


Christopher D. Van Blarcum, "Internet Hate Speech: The European Framework and the Emerging American Haven," 62 Washington & Lee L. Rev. 781 (2005).

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Last modified: 10/26/2008 10:55 PM