Robert Kahn

University of St. Thomas School of Law (Minnesota)

MSL 400, 1000 La Salle Avenue

Minneapolis, MN Minnesota 55403-2005

United States

SCHOLARLY PAPERS

23

DOWNLOADS
Rank 14,833

SSRN RANKINGS

Top 14,833

in Total Papers Downloads

3,199

CITATIONS

4

Ideas:
“  My current project involves memory laws and nationalist theory. My argument is that laws determining an official view of the national past are part of a larger trend to use law to guard the borders of national identity. In particular, speech bans on insulting the national past are related to, and problematic for the same reasons as, bans on assisting asylum seekers and law, like Denmark's that separate immigrant children from their parents to inculcate national values. A project to restrain memory laws, therefore, cannot rest solely on freedom of speech. Memory laws, of the narrow nationalistic type, must also be condemned as bad politics.  ”

Scholarly Papers (23)

1.

Why There Was No Cartoon Controversy in the United States

U of St. Thomas Legal Studies Research Paper No. 07-28
Number of pages: 29 Posted: 23 Aug 2007
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 334 (88,971)
Citation 1

Abstract:

Loading...

Comparative law, offensive speech, freedom of speech, law and religion

2.

A Margin of Appreciation for Muslims? Viewing the Defamation of Religions Debate Through Otto-Preminger-Institut v. Austria

U of St. Thomas Legal Studies Research Paper No. 10-27
Number of pages: 56 Posted: 30 Nov 2010
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 322 (92,665)

Abstract:

Loading...

comparative law, blasphemy, Islam, freedom of speech, and human rights

3.

Hate Speech and National Identity: The Case of the United States and Canada

U of St. Thomas Legal Studies Research Paper No. 08-02
Number of pages: 28 Posted: 10 Mar 2008 Last Revised: 12 May 2010
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 314 (95,255)

Abstract:

Loading...

Hate speech, freedom of expression, freedom of speech, comparative law

4.

Flemming Rose, the Danish Cartoon Controversy, and the New European Freedom of Speech

U of St. Thomas Legal Studies Research Paper No. 09-24
Number of pages: 42 Posted: 05 Nov 2009
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 273 (110,845)
Citation 2

Abstract:

Loading...

offensive speech, law and religion, comparative law, freedom of the press, freedom of speech

5.

Are Muslims the New Catholics? Europe's Headscarf Laws in Comparative Historical Perspective

Duke Journal of Comparative & International Law, Forthcoming , U of St. Thomas Legal Studies Research Paper No. 08-26
Number of pages: 24 Posted: 08 Sep 2008 Last Revised: 01 Dec 2010
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 261 (116,101)

Abstract:

Loading...

Comparative law, religious law, equality, discrimination, culture, religious minorities

6.

Karl Loewenstein, Robert Post and the Ongoing Conversation between Europe and America Over Hate Speech Laws

U of St. Thomas Legal Studies Research Paper No. 12-38
Number of pages: 48 Posted: 16 Nov 2012
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 192 (156,647)

Abstract:

Loading...

America, Europe, freedom of speech, hate speech, development, democracy, Karl Loewenstein, Robert Post, historical sociology

7.

The Acquittal of Geert Wilders and Dutch Political Culture

University of St. Thomas Legal Studies Research Paper No. 11-31
Number of pages: 24 Posted: 08 Nov 2011
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 174 (171,192)

Abstract:

Loading...

Freedom of Speech, Islam, Netherlands, World War II, Muslims

8.

Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada

U of St. Thomas Legal Studies Research Paper No. 10-21
Number of pages: 45 Posted: 30 Aug 2010
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 162 (181,993)

Abstract:

Loading...

freedom of expression, offensive speech, Danish Cartoons

9.

Rethinking the Context of Hate Speech (Book Review: Michael Herz & Peter Molnar, The Content and Context of Hate Speech: Regulation and Responses (Cambridge University Press 2012))

First Amendment Law Review, 2015, Forthcoming, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 15-20
Number of pages: 25 Posted: 01 Sep 2015
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 158 (186,011)

Abstract:

Loading...

freedom of speech, hate speech, comparative law, convergence vs. exceptionalism, informal sanctions, American and social media

10.

News Value, Islamophobia, or the First Amendment? Why and How the Philadelphia Inquirer Published the Danish Cartoons

U of St. Thomas Legal Studies Research Paper No. 10-07
Number of pages: 24 Posted: 09 Feb 2010
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 120 (231,557)
Citation 1

Abstract:

Loading...

Freedom of Speech, News Media, Danish Cartoon Controversy, Islamophobic, Freedom of Press, Law and Journalism, Hate Speech

11.

Does it Matter How One Opposes Hate Speech Bans? A Critical Commentary on Liberté Pour L’Histoire's Opposition to French Memory Laws

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-16
Number of pages: 45 Posted: 27 Mar 2014
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 103 (258,217)

Abstract:

Loading...

Hate Speech, Holocaust denial, Multiculturalism, Armenian Genocide, French Exceptionalism, Freedom of Speech

12.

Should It Matter Where Genocide Denial Is Banned? A Critique of the Nexus Argument

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-32
Number of pages: 16 Posted: 30 Sep 2014 Last Revised: 07 Oct 2014
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 101 (261,680)

Abstract:

Loading...

Freedom of Speech, Comparative Law, Geography, Holocaust Denial, Criminal Law, Hate Speech

13.

Who’s the Fascist? Uses of the Nazi Past at the Geert Wilders Trial

U of St. Thomas Legal Studies Research Paper No. 12-10
Number of pages: 41 Posted: 19 Mar 2012
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 96 (270,510)

Abstract:

Loading...

freedom of speech, freedom of religion, First Amendment, hate speech, censorship, Holocaust, World War II, Europe

14.

The Overlapping of Fools? Drawing the Line between Anti-Semitism and Anti-Zionism in the Wake of the 2014 Gaza Protests

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 15-11
Number of pages: 29 Posted: 17 Apr 2015 Last Revised: 21 Apr 2015
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 95 (272,415)

Abstract:

Loading...

Anti-Zionism, Anti-Semitism, Palestine, Paris grocery attack, Boycott Divestment and Sanctions Movement, Hate Speech

15.

Denial, Memory Bans and Social Media

Number of pages: 53 Posted: 09 Jan 2018
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 85 (292,343)

Abstract:

Loading...

social media, politics of memory, memory bans, genocide denial, counter-narratives, censorship

16.

Three First Amendment Puzzles Raised by the Police Union Response to Speech Criticizing Police Conduct in Ferguson and New York City

Forthcoming, Alabama Civil Rights & Civil Liberties Law Review, 2017, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-24
Number of pages: 31 Posted: 21 Sep 2016
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 83 (296,578)

Abstract:

Loading...

First Amendment, Police Unions, “Hands Up, Don’t Shoot,” Censorship, Insulting Speech, “Policing” the Past, Social Toleration, and Colorblindness.

17.

'First Amendment' Pioneers in a European Land of Hate Speech Bans: Flemming Rose, Geert Wilders and Liberté Pour L’Histoire

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 13-18
Number of pages: 50 Posted: 20 May 2013
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 66 (337,803)

Abstract:

Loading...

speech, freedom of speech, free speech, Flemming Rose, Geert Wilders, hate speech

18.

Hate Speech, Democratic Legitimacy and the Age of Trump

17 International and Comparative Law Review 239 (2017), U of St. Thomas (Minnesota) Legal Studies Research Paper No. 18-04
Number of pages: 16 Posted: 30 Apr 2018
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 61 (351,596)

Abstract:

Loading...

Eric Heinze, Democracy, Legitimacy, Trump

19.

Five Thoughts About the Repeal of Denmark's Blasphemy Ban

Number of pages: 34 Posted: 07 Feb 2018 Last Revised: 08 Feb 2018
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 54 (372,944)

Abstract:

Loading...

blasphemy, Denmark, Pakistan, culture wars, freedom of speech, appeasement, anti-terror laws

20.

Free Speech, Official History and Nationalist Politics: Toward a Typology of Objections to Memory Laws

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 18-25
Number of pages: 28 Posted: 12 Dec 2018
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 53 (376,086)

Abstract:

Loading...

Memory laws, Europe, freedom of speech, official history, academic freedom, non-punitive laws, Poland, Hungary, Denmark

21.

Flemming Rose's Rejection of the American Free Speech Canon and the Poverty of Comparative Constitutional Theory

Brooklyn Journal of International Law, 2013, Forthcoming, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 13-26
Number of pages: 30 Posted: 29 Aug 2013
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 53 (376,086)

Abstract:

Loading...

constitutional law, comparative constitutional law, freedom of speech, First Amendment, Flemming Rose, hate speech

22.

Charlottesville, Ferguson and 'Laws Affecting Memory' in the United States

Number of pages: 24 Posted: 30 Sep 2018
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 35 (442,213)

Abstract:

Loading...

Memory Laws, Charlottseville, Eastern Europe, Freedom of Speech, Nationalism, Poland, Holocaust Denial

23.

Mask Bans As Expressions of Memory Politics in the United States

Number of pages: 30 Posted: 12 Aug 2019
Robert Kahn
University of St. Thomas School of Law (Minnesota)
Downloads 4 (617,598)

Abstract:

Loading...

Mask Laws, Memory Politics, Ku Klux Klan, Jim Crow, Segregation, Moral Distancing, Antifa