University of Minnesota Law School Scholarship Repository Constitutional Commentary 2017 Hate Speech Bans, Democracy, and Political Legitimacy James Weinstein Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Weinstein, James, "Hate Speech Bans, Democracy, and Political Legitimacy" (2017). Constitutional Commentary. 465. https://scholarship.law.umn.edu/concomm/465 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. 1 - WEINSTEIN INTRO.DOCX (DO NOT DELETE) 9/29/17 4:41 PM HATE SPEECH BANS, DEMOCRACY, AND POLITICAL LEGITIMACY James Weinstein* Laws prohibiting discrimination on the basis of characteristics such as race, ethnicity, religion, sex, or sexual orientation are an essential means by which modern liberal democracies promote equality and protect human dignity. Consistent with these laudable goals, most liberal democracies, with the notable exception of the United States, also prohibit hate speech, including expression that demeans people based on characteristics protected by antidiscrimination laws. Ironically, however, hate speech restrictions can undermine the legitimacy of antidiscrimination laws, both in terms of their popular acceptance but even more crucially with respect to the morality of their enforcement. For instance,