Volume 1996    Issue 3

David C. Baum Memorial Lecture: Hate Speech: Affirmation or Contradiction of Freedom of Expression

Kathleen E. Mahoney^*

In this essay, originally delivered as a David C. Baum Memorial Lecture on Civil Liberties and Civil Rights at the University of Illinois College of Law, Professor Mahoney begins by examining the traditional rationales underlying broad protection of the freedom of speech. She then undertakes a critical analysis of these rationales. Professor Mahoney argues that concern for other rights and freedoms provides a basis for government restrictions on "hate speech" in at least some circumstances. She concludes that the psychological harm that hate speech often inflicts on its victims justifies some governmental restrictions. In particular, when the value and importance of the "speech" does not outweigh the "harm" that it causes, limits on the freedom of speech are necessary and appropriate.

* Professor of Law, University of Calgary. LL.B. 1976, University of British Columbia; LL.M. 1979, University of Cambridge.

This essay originally was presented on November 4, 1995, as the first 1995-96 lecture of the David C. Baum Memorial Lectures on Civil Liberties and Civil Rights at the University of Illinois College of Law.