Stuart Taylor on Obama Administration's Endorsement of Restricting "Advocacy of Religious Hatred That Constitutes Incitement to Hostility"

by Eugene Volokh
The Volokh Conspiracy
October 30, 2009

http://www.legal-project.org/article/549

Excerpt:

That's in his new National Journal column; Taylor is highly respected (by others as well as by me) and known to be quite moderate, so I hope this will bring the issue more attention. And it leads me to ask this question:

The Obama Administration's cosponsored U.N. Human Rights Council resolution puts it on record as urging other countries "to take effective measures, consistent with their obligations under international human-rights law, to address and combat" "any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence" (and possibly even "negative racial and religious stereotyping"). In context, this is a call for legal punishment, not just for counterspeech or social sanctions. (For more on why this is so, see my earlier post.)

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