License to Harass: Law, Hierarchy, and Offensive Public Speech

Name: License to Harass: Law, Hierarchy, and Offensive Public Speech
Brand: Princeton University Press
SKU: 9780691126104
Price: 4662.0 INR
Availability: InStock

by Laura Beth Nielsen

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ISBN13: 9780691126104
Binding: Paperback
Subject: N/A
Publisher: Princeton University Press
Publisher Imprint: Princeton University Press
Publication Date: March 13, 2006
Pages: 248
Original Price: USD 50.0
Language: English
Edition: N/A
Item Weight: 345 grams
BISAC Subject(s): Constitutional

About The Book

Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned?

In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass."

Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.

About The Author

Laura Beth Nielsen is currently Research Fellow at the American Bar Foundation and will be Assistant Professor of Sociology and Law at Northwestern University beginning in the fall of 2006. She is the editor, with Robert L. Nelson, of Handbook of Employment Discrimination Research: Rights and Realities.

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