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75 S. Cal. L. Rev. 1493 (2001-2002)
A Haven for Hate: The Foreign and Domestic Implications of Protecting Internet Hate Speech under the First Amendment

handle is hein.journals/scal75 and id is 1511 raw text is: NOTES
A HAVEN FOR HATE: THE FOREIGN
AND DOMESTIC IMPLICATIONS OF
PROTECTING INTERNET HATE
SPEECH UNDER THE FIRST
AMENDMENT
PETER J. BRECKHEIMER 11*
The U.S. Constitution is unique even among democratic nations for
the guarantees it grants to U.S. citizens.  The interpretation of the
Constitution further distinguishes American notions of freedom and liberty
from every other country in the world. The Internet Age, however, has
ushered in a period where national boundaries and guarantees are blurred
among the many intersections of the World Wide Web. This uncertainty
has raised serious questions relating to the fundamental rights and liberties
established by our forefathers: Can the United States maintain its guarantee
of freedom of speech for the Internet? Who profits from such a guarantee?
What are the implications for other nations if the United States ignores
their pleas to rein in such guarantees?
Given the nearly unanimous international institution of regulations
restricting online hate speech, the United States stands alone in its support
of free speech-including Internet hate speech. Because of such a stance,
however, the United States may become a beacon of hope for hate-mongers
around the world whose views are stifled by the restrictions on speech in
their homelands. Will the United States become a haven for online hate
speech by continuing to guarantee such speech near-absolute protection?
This Note attempts to answer the above questions and examines the
desirability of U.S. protection of hate speech on the Internet.

1493

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