HATE: Why We Should Resist It with Free Speech, Not Censorship

HATE: Why We Should Resist It with Free Speech, Not Censorship is a scholarly work of non-fiction by professor and author Nadine Strossen. The book discusses the problem of hateful speech, an issue on the rise in America and at the crux of political dialogues around the nation, and the world. In her book, Strossen takes on the popular question of whether it is more important to promote free speech, recognizing that hate speech falls under that category, or to censor hate speech. Strossen makes a number of arguments that promote free speech over censoring hate speech, arguing that this approach is the most effective in creating harmony in the world.

Strossen begins by illuminating the debate into which she embarks. She discusses the controversial subject of free speech versus hate speech, and how many people are interested in censoring hate speech in order to create a more equal and just society safe for those of minority backgrounds. This is a rising problem in the Trump administration and otherwise, where offensive speech has become commonplace, and many people who oppose the president and his politics see censorship as a way of speaking out. Similarly, the rise of the alt-right and white supremacist groups has lead to a huge increase in incidents of hate speech against black, gay, and Jewish communities all over the nation. The response of people within and in support of those communities has been, often, to fight to censor the language of those who want to slander minority groups.

Strossen, however, doesn't believe in this strategy. For a long time, she was the president of the American Civil Liberties Union and worked as a law professor at New York Law School; from a legal standpoint, she is concerned about censorship as a solution to this growing problem. For one, Strossen argues, there has been no clear proof that anti-hate speech laws do what they intend to do, which is to end violence and discrimination, and to stop the psychological damage that hate speech brings to persecuted communities. Secondly, Strossen argues about the likelihood, given the history of American politics, that such laws will be used to truly represent these minority groups. It is possible, she says, that those in power could use anti-hate speech laws to protect the alt-right and other hateful groups.



Instead, Strossen makes an alternative argument for an increase in speech during these incidents. Rather than ending speech in these moments, Strossen points to powerful “counter speech” movements occurring around the country, particularly on college campuses. In a counter-speech movement, the solution to hate speech isn't censoring it, but rather countering that speech with more speech, making it clear that there is a strong community of people who don't believe in or respect what the hateful groups are saying.

Strossen argues for this method for a number of reasons, the strongest being that hate speech isn't a real category within the judicial system that the Supreme Court can uphold. The only act considered true “hate speech” conveys a genuine threat to the safety of a minority group, causing them to fear for their safety. Many kinds of hate speech cause psychological and emotional damage, but would not qualify on these grounds. Instead, Strossen upholds the power of speech at its core – including the power to stand up and disagree with hate speech, showing a strong oppositional front.

Strossen talks a lot in her book about her experiences with the American Civil Liberties Union, Supreme Court decisions on free speech, and more. She describes the nuances in speech protections in this country, ultimately making the argument that protecting the right to speak is of the utmost importance, even when that speech is hard to stomach.



Nadine Strossen is a former president of the ACLU and a professor of law at New York Law School. She is also the first woman and younger person to ever serve as president of the ACLU. Born in New Jersey to a holocaust survivor, she was inspired by her father to take up civil rights law. She has written many books, including Defending Pornography, Speaking of Race, Speaking of Sex, and Our Supreme Court.