Tolerating intolerance : the price of protecting extremism

226 Pages·2014·8.176 MB·English

by  Guiora, Amos N

Tolerating Intolerance

Tolerating Intolerance
THE PRICE OF PROTECTING EXTREMISM
Amos N.   Guiora
1
1

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Library of Congress Cataloging-in-Publication Data
Guiora, Amos N., 1957-
Tolerating intolerance : the price of protecting extremism / Amos N. Guiora.
pages cm—(Terrorism and global justice series)
Includes bibliographical references and index.
ISBN 978-0-19-933182-6 ((hardback) : alk. paper)
1. Minorities—Civil rights. 2. Political rights. 3. Radicalism.
4. National security—Law and legislation. I. Title.
K3242.G85 2014
303.48'4—dc23 2013017235
9 8 7 6 5 4 3 2 1
Printed in the United States of America on acid-free paper
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While writing this book I trained for my fi rst marathon, the Salt Lake City Marathon:
I would like to thank family and fr iends who encouraged me, ran with me, trained me,
answered all my questions, and were full participants in the process.
To all, my deep appreciation.

Contents

Preface xi
Introduction xv
1. Th e Complexities Defi ning Extremism 1
I. Defi ning Extremism in Civil Society 1
II. Th e Civil Rights Movement 8
III. History of Limiting Speech 13
2. Th e Dangers Extremism Poses to Society 1 9
I. Failure to Act 22
II. Tolerating Intolerance 24
III. Extremist Speech 30
IV. Extreme Expressions of Faith 3 2
3 . M ulticulturalism 35
I. Th e Eff ects of Multiculturalism 36
II. Th e State’s Role and Responsibility 40
III. Responding to the Dangers: Recommendations 47
IV. Societal Responses 52
4. Religious Extremism: Causes and Examples of Harm 55
I. State Law versus Religious Law 55
II. Harm Caused by Religious Extremism 57
III. History of the Church of Jesus Christ of Latter-day Saints 60
IV. History of Polygamy 61
V. Fundamentalism—Th e Break Off 62
VI. Government Intervention and FLDS Isolation 63
vii
viii Contents
VII. Forced Marriage of Daughters 65
VIII. Th e Lost Boys 6 6
IX. Who Defi nes the Best Interest of the Child? 67
X. Recommendations: Civil Society or Religious Society? 69
5. Th e Power of the Internet and Social Media in Facilitating Extremist Movements
and Ideas 73
I. General Overview of Extremist Websites 79
II. How Extremist Groups Use the Internet 81
6. Contemporary Social Tensions (i.e., Economic Crises, Breakdown of
Traditional Family Structure) 85
I. Introduction 85
II. Holland 87
III. Norway 93
A. Gaining Perspective 101
IV. Israel Today 104
A. Orthodox Jewry and Women 110
V. United Kingdom 116
A. Right-Wing Extremism 118
B. Th e Islamic Community 120
7. Th e Power of “Hate Speech” and What, if Any, Limits Should Be Imposed on Free Speech in
the Context of Extremism 123
I. Israel 123
II. Background Information 126
III. September 2012 127
IV. Free Speech—From the Perspective of Philosophers 128
V. Free Speech in the United States 135
A. Sedition Act of 1798 136
B. Civil War—Th e Arrest of Clement Vallandigham 136
C. World War I—Th e Espionage Act of 1917 138
D. Cold War—Communism 141
E. Incitement—Clear and Present Danger Today 142
F. Prior Restraint—Pentagon Papers 145
G. Fighting Words 146
H. True Th reats 147
I. Hate Speech 148
VII. A nalysis of American Free Speech Jurisprudence 149
VIII. United Kingdom 150