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DegradationWhat the History of Obscenity Tells Us about Hate Speech$
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Kevin W. Saunders

Print publication date: 2011

Print ISBN-13: 9780814741443

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814741443.001.0001

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(p.167) 9 Variable Obscenity, Children, and Hate

(p.167) 9 Variable Obscenity, Children, and Hate

(p.167) 9 Variable Obscenity, Children, and Hate

Kevin W. Saunders

NYU Press

This chapter examines the application of obscenity law to the case of hate speech and children. It first presents the concept of variable obscenity, recognized by the Supreme Court in the 1966 case Mishkin v. New York. It then considers the marketing of hate speech to children and arguments for the protection of children, even if adults are left free to offer and receive such speech. In particular, it asks whether hate speech that does not become regulable for adults might be regulable for children. It also looks at the First Amendment provisions that are elevant to children within the context of hate speech and concludes with a discussion of the issue of hate speech in the schools, along with some recent language in cases on that issue.

Keywords:   obscenity law, hate speech, children, variable obscenity, Supreme Court, Mishkin v. New York, First Amendment, schools

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