Sex/Gender Outsiders, Hate Speech, and Freedom of Expression: Can They Say That about Me?

By Martha T. Zingo | Go to book overview

NOTES
1
Restatement (Second) of Torts, Section 46 ( 1977) recognizes an independent tort of "outrageous conduct causing severe emotional distress." Outrageous conduct is defined as that which goes "beyond all possible bounds of decency, [and is] atrocious and utterly intolerable in a civilized community . . ."
2
Zarembka at 41.
3
Lorde, "Transformation of Silence into Language and Action", at 42.
4
This slogan, first used in 1986 by individuals involved in founding ACT UP, "appear[s] from the gay activist response to the AIDS epidemic, used to remind gay people that they need to be vocal to pressure governments to provide sufficient care to themselves and their community" [Stewart ( 1995) at 234].
5
Hunter ( 1995) at 1718.
6
Zarembka at 41.
7
Pratt, "Poetry in the Time of War" ( 1991) at 234.
8
Cohen at 23-24 [holding that a person wearing a jacket that proclaimed "fuck the draft" did not violate a state statute which prohibited "maliciously and willfully disturb(ing) the peace . . . by . . . offensive conduct" (Id. at 16)].
9
See: Siegel ( 1991).
10
Karst ( 1990) at 139.
11
Id. at 142 fn.9.
12
Law ( 1988) at 194.
13
Karst ( 1990) at 139-140.
14
Rist ( 1990) at 482.
15
Lorde, "Transformation of Silence into Language and Action" at 43.
16
Robson ( 1992) at 155.
17
For example: Hardwick ( 1986); state sodomy laws; military policies on gays and lesbians; marriage laws; child custody laws.

-181-

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Sex/Gender Outsiders, Hate Speech, and Freedom of Expression: Can They Say That about Me?
Table of contents

Table of contents

  • Title Page iii
  • Contents ix
  • Acknowledgments xi
  • Chapter 1 - Social and Legal Condition of "Outsiders" 1
  • Notes 7
  • Chapter 2 - Free Speech and the Hate Speech Controversy 17
  • Notes 42
  • Chapter 3 - Equality Jurisprudence and Suspect Classifications 51
  • Notes 82
  • Chapter 4 - Speech, Hate, and (non-) Discrimination 101
  • Notes 127
  • Chapter 5 - Judicial Response to Hate Regulations 139
  • Notes 168
  • Chapter 6 - Conclusion 177
  • Notes 181
  • Bibliography 183
  • Index 211
  • About the Author *
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