• The Harms of Verbal and Textual Hatred.

      Asquith, Nicole (Praeger, 2009-02)
      Traditional Millian theory posits that free speech is the most important mechanism to achieve a greater tolerance of difference and thus create a dynamic marketplace for truth to flourish. In responding to maledictive hate, theorists such as Gelber (2002) and Butler (1997) have recommended that marginalized speech actors engage with a process of speaking back, of returning the gaze to make perpetrators¿ contributions to the marketplace of ideas marginal and aberrant. However, as will be demonstrated by an analysis of maledictive force and effects, the ideal speech situations of communicative action theory, and the recasting of terms of abuse by ¿speaking back¿, require both rational speech actors ¿something clearly absent in many acts of maledictive hate¿and an institutional validation of the authenticity of marginalized subjects and their speech. Constructing new truths in the marketplace of ideas is both socially and politically contingent. As such, the capacity for marginalized subjects to contribute to the marketplace rests on their ability to be able to speak with authority and to be authorized to speak.
    • in terrorem: "with their tanks and their bombs, and their bombs and their guns, in your head"

      Asquith, Nicole (2009-11-11)
      While terrorism has become a major topic of discussion and analysis in the academy and in the policy making of Australian institutions, it rarely affects the everyday life of Australian citizens. Yet for some groups, in terrorem is a way of life¿particularly for those whose lives are performed under social and political spotlights. At the core of the limitations imposed on certain groups in Australia is the use of language to police the behaviours of these groups, and to create a social environment that makes the hiding one¿s identity the most effective mechanism to avoid terror. In this paper, I analyse the linguistic themes and forms used in hate violence as way to illustrate the impact of in terrorem on gay men, lesbians and Jews, and suggest alternative means by which to regulate the harm caused by vilification.
    • Race riots on the beach: A case for criminalising hate speech?

      Asquith, Nicole (British Society of Criminology, 2008-12)
      This paper analyses the verbal and textual hostility employed by rioters, politicians and the media in Sydney (Australia) in December 2005 in the battle over Sutherland Shire¿s Cronulla Beach. By better understanding the linguistic conventions underlying all forms of maledictive hate, we are better able to address the false antimonies between free speech and the regulation of speech. It is also argued that understanding the harms of hate speech provides us with the tools necessary to create a more responsive framework for criminalising some forms of hate speech as a preliminary process in reducing or eliminating hate violence.
    • The Text and Context of Malediction: A Study of Antisemitic and Heterosexist Hate Violence.

      Asquith, Nicole (VDM Verlag, 2008-12)
      Research into the contours of hate crime has gone through several ebbs and flows over the last twenty years. At times, acts of horrific brutality have brought the issue of hate violence into the public imagination; sometimes leading to legislative changes, education programs and the funding of community organisations to manage the harms caused by this unique form of violence. The Stephen Lawrence murder in the UK in April 1993, and the Matthew Shepherd murder in the USA in October 1998 both led to major policing and legislative changes, including the introduction of penalty-enhancement measures, which were thought to more adequately ameliorate the additional harms generated from targeted violence, and to create the conditions for good citizenship in diverse societies. However, this legislative and policing transformation of hate crime regulation is not universal, even in Western democratic states. The Australian Federal government has not responded in comparable ways; preferring instead to abrogate much of its responsibilities under the Universal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and International Convention on Civil and Political Rights to state governments¿particularly, in relation to gay men and lesbians¿ social citizenship rights. In relation to hate violence, contemporary Australian research has begun to address the inconsistent application of law, public policy and policing practice. However, the issue of `hate speech¿ has remained largely uninterrogated. Equally, research has tended to focus on the unique characteristics of specific forms of hate violence, rather than assess the conditions of exclusion shared by disparate groups. This book remedies both of these deficiencies by providing a critical analysis of the role of hate speech in hate violence, and offering a comparative investigation of antisemitic and heterosexist violence.
    • Understanding the Role of Verbal and Textual Hostility in Hate Crime Regulation: Interim Report.

      Asquith, Nicole (London Metropolitan Police Service, 2009-08)
      Verbal-textual hostility plays a significant role in victims¿ subjective perceptions of hatred and police officers¿ assessment of a hate crime. Yet, to date, the role of hate speech in hate crime has been largely uninterrogated. The aim of this research project is to assess and evaluate the forensic possibilities contained in a closer reading of the words used in hate crimes. Through a critical discourse analysis of incident characteristics and officers¿ narratives of incidents, this report maps out how key hate speech-text indicators may assist to better evaluate the force and effects of hate crimes. It is expected that this type of contextual analysis will lead to the development of more sophisticated risk assessment tools for use in frontline policing, and more targeted service-enhancements for victims of hate crimes.