ADVANCE PRAISE FOR HATE “One of life’s hardest tasks is to tell natural allies they are wrong. Nadine Strossen is clear in a time of confusion, consistent in an era of hypocrisy, and brave in an environment of intimidation. Her book is a fitting capstone in a career in defense of our civil liberties.” — , President, Mitchell Daniels Purdue University, and former Governor of Indiana “Strossen has accomplished something remarkable in this slim book—she has ventured into a complex and heavily examined field and produced a book that is original, insightful, and clear-headed. My guess: this book will become the go-to work in the field.” — , Harold S. Shefelman Scholar, Ronald Collins University of Washington School of Law, and Publisher of First Amendment News “Well-intentioned, but misguided, people today are clamoring for what amounts to censorship of speech they deem to be hate- ful. Nadine Strossen explains why the criminalization of advocacy, even advocacy of hateful ideas, imperils honorable freedoms. What’s more, she provides a robust defense of a piece of old-fashioned, but oft-forgotten, wisdom: The safest—and most effective—way to fight bad ideas is not by limiting the right to free speech, but by exercising that right to counter them.” — , McCormick Robert P. George Professor of Jurisprudence, Princeton University HATE Other books in the series: Not a Suicide Pact The Living Constitution The Constitution in a Time of David A. Strauss National Emergency Richard A. Posner Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Out of Range Christopher H. Schroeder Why the Constitution Can’t End the Battle over Guns Cosmic Constitutional Theory Mark V. Tushnet Why Americans Are Losing Their Inalienable Right to Self- Governance Unfinished Business J. Harvie Wilkinson III Racial Equality in American History Michael J. Klarman More Essential Than Ever The Fourth Amendment in the Twenty Supreme Neglect First Century How to Revive Constitutional Stephen J. Schulhofer Protection for Private Property Richard A. Epstein On Constitutional Disobedience Louis Michael Seidman Is There a Right to Remain Silent? Coercive Interrogation and the Fifth The Twilight of Human Rights Law Amendment After 9/ 11 Eric A. Posner Alan M. Dershowitz Constitutional Personae The Invisible Constitution Heroes, Soldiers, Minimalists, Laurence H. Tribe and Mutes Cass R. Sunstein Uninhibited, Robust, and Wide- Open A Free Press for a New Century The Future of Foreign Intelligence Lee C. Bollinger Privacy and Surveillance in a Digital Age From Disgust to Humanity Laura K. Donohue Sexual Orientation and Constitutional Law Martha C. Nussbaum I N A L I E N A B L E R I G H T S S E R I E S . . . SERIES EDITOR Geoffrey R. Stone Lee C. Bollinger Goodwin Liu President Professor of Law Columbia University University of California at Berkeley School of Law Alan M. Dershowitz Felix Frankfurter Professor of Law Michael W. McConnell Harvard Law School Richard and Frances Mallery Professor of Law Laura K. Donohue Stanford Law School Professor of Law University of Chicago Law School Martha C. Nussbaum Ernst Freund Distinguished Service Richard A. Epstein Professor, Philosophy, Law, Divinity, Laurence A. Tisch Professor South Asian Studies of Law The University of Chicago New York University School of Law Eric A. Posner Kirkland & Ellis Distinguished Service Pamela S. Karlan Professor of Law Kenneth and Harle Montgomery University of Chicago Law School Professor of Public Interest Law Stanford Law School Richard A. Posner Judge Alexander Keyssar U.S. Court of Appeals for the Seventh Matthew W. Stirling, Jr., Professor of Circuit History and Social Policy JFK School of Government, Harvard Jack N. Rakove University William Robertson Coe Professor of History and American Studies Michael J. Klarman Stanford University Kirkland & Ellis Professor of Law and History Christopher H. Schroeder Harvard Law School Charles S. Murphy Professor of Law Duke Law School Larry D. Kramer Richard E. Lang Professor of Law Stephen J. Schulhofer and Dean Robert B. McKay Professor of Law Stanford Law School New York University School of Law Lawrence Lessig Louis Michael Seidman Edmund J. Safra Professor of Law Carmack Waterhouse Professor of Harvard Law School Constitutional Law Georgetown University Law Center Geoffrey R. Stone Laurence H. Tribe Edward H. Levi Distinguished Service Carl M. Loeb University Professor Professor of Law University of Chicago Law School Harvard Law School David A. Strauss Mark V. Tushnet Gerald Ratner Distinguished Service William Nelson Cromwell Professor of Law Professor of Law University of Chicago Law School Harvard Law School Kathleen M. Sullivan J. Harvie Wilkinson III Stanley Morrison Professor of Law Judge Stanford Law School U.S. Court of Appeals for the Fourth Circuit Cass R. Sunstein Robert Walmsley University Professor Kenji Yoshino Harvard Law School Chief Justice Earl Warren Professor of Constitutional Law New York University School of Law Geoffrey Stone and Oxford University Press gratefully acknowledge the interest and support of the following organizations in the Inalienable Rights series: The ALA; The Chicago Humanities Festival; The American Bar Association; The National Constitution Center; The National Archives HATE Why We Should Resist It with Free Speech, Not Censorship Nadine Strossen 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2018 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. CIP data is on file at the Library of Congress ISBN 978– 0– 19– 085912– 1 1 3 5 7 9 8 6 4 2 Printed by Edwards Brothers Malloy, United States of America This book is dedicated to Norman Dorsen and Aryeh Neier, key leaders of the ACLU during the Skokie controversy, inspiring human rights champions, and revered mentors.