About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

10 Miami Int'l & Comp. L. Rev. 155 (2001-2002)
Spreading Angst or Promoting Free Expression - Regulating Hate Speech on the Internet

handle is hein.journals/miaicr10 and id is 429 raw text is: Spreading Angst or Promoting Free Expression?
Regulating Hate Speech on the Internet
Joshua Spector*
The regulation of speech on the Internet is purportedly
commonplace throughout the world.1 Even if the United States takes no
immediate interest in regulating speech over the Internet, foreign
pressure is mounting for the United States to respect the laws of other
States that restrict hate speech by assisting in preventing the distribution
of hate speech to an international forum through the Internet. The U.S.
interest in maintaining First Amendment liberties is set against tension
resulting in part from the export of Neo-Nazi propaganda from the
United States to states where such speech is prohibited.2 This tension will
soon prompt countries such as France and Germany to pressure the
United  States to  restrict Internet speech, thereby  adopting  an
international standard for the prohibition of hate speech on the Internet.
In the absence of an applicable international treaty, jurisdictional
problems will blister litigation in the United States and abroad. In order
to preserve the liberty of free speech in the United States, Internet speech
must continue to benefit from the protection of the First Amendment, and
other states must look for solutions within their sovereign authority.
This note first contrasts the constitutional jurisprudence of free
speech of Germany against the United States. The contrasting practices
and doctrines are framed by a survey of international agreements on
speech and a brief discussion of hate speech in the United States. The
discussion then complicates the problems of speech by projecting it onto
the Internet.
In the United States the value of free speech is held in such high
regard that the United States Supreme Court will not allow itself to
* (J.D.) University of Miami School of Law, 2002.
'Leonard R. Sussman, Censor Dot Gov: The Internet and Press Foundation
2000, (Mayl5,2001), at
2 Michel Rosenfeld, Hate Speech in Constitutional Jurisprudence: A
Comparative Analysis, Working Paper Series No. 41 at 5, Social Science
Research  Network   Electronic  Paper  Collection  (April  2001),  at
http://papers.ssm.com/paper.tafabstractid=265939 (This article notes that web
sites in California have been accessed by Neo-Nazi groups in Canada, Germany,
or elsewhere).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most