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There is no legal definition of "hate speech" under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn. Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin. 1 In the United States, hate speech is protected by the First Amendment. Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear. (The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group. Hate Crime For the purposes of collecting statistics, the FBI has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,” including skin color and national origin.  Hate crimes are overt acts that can include acts of violence against persons or property, violation or deprivation of civil rights, certain "true threats," or acts of intimidation, or conspiracy to commit these crimes. The Supreme Court has upheld laws that either criminalize these acts or impose a harsher punishment when it can be proven that the defendant targeted the victim because of the victim's race, ethnicity, identity, or beliefs.  A hate crime is more than than offensive speech or conduct; it is specific criminal behavior that ranges from property crimes like vandalism and arson to acts of intimidation, assault, and murder.  Victims of hate crimes can include institutions, religious organizations and government entities as well as individuals.

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Russell and Austin (2010) have claimed that in music education, a system of benign neglect in assessment practices has been allowed to endure, even though there has (p. 4) been a long-term, consistent call for reform, for more meaningful assessments, and for policymakers to adapt to laws as they are enacted and court rulings as they are handed down.

ead to the growing body of scholarship in educational law, the evolving and more active role courts are taking in impacting educational practices,

chapter is to inform music teachers about contemporary court cases that have resulted in rulings on assessment issues in educational settings, and how these rulings impact assessment in the music classroom.

A/B testing is a trap because it insulates us from A/J testing. A/B testing is an asymptotic stroll toward a local maximum.

And busyness is a trap because it allows us to believe that we’ve actually created value.

In asurvey of 2,212 classical musicians, 40% re-ported that anxiety interfered with their perfor-mances (Kirchner, Bloom, & Skutnick–Henley,

, see Kenny (2005) andMcGinnis and Milling (2005

Few studies have investigated whether a cog-nitive intervention can reduce anxiety and en-hance performance in musicians (Lehrer, 1987;Steptoe & Fidler, 1987)

Primary and secondary appraisals formed theoretically consistent and reliable evaluations of threat and challenge. Secondary appraisals were significantly lower for students who viewed the performance as a threat. Students who viewed the performance as a challenge reported significantly less cognitive anxiety and higher self-confidence. Findings indicate that the PAM is a brief and reliable measure of cognitive appraisals that trigger precompetitive emotions of anxiety and confidence which can be used to identify those performers who could benefit from pre-performance intervention strategies to manage performance stress.

Music performance anxiety (MPA) can be controlled when musicians cognitively restructure their own thoughts and feelings about their performance by anticipating symptoms of anxiety and turning them to constructive use

The cognitive interpretation, or appraisal, of an initial emotional response, such as fear, exerts a proximal influence on performance

Music inexperience, changed pattern of practice and performance anxiety are associated with playing-related problems in child instrumentalists and are therefore important issues for music education.

Research on adult musicians has adopted these models and identified individual intrinsic factors such as age and gender, music performance anxiety and enjoyment, extrinsic factors such as music practice habits and type of instrument played and intrinsic–extrinsic interaction factors such as playing posture, technique and student–teacher interaction which influence the development of PRMP.

The aim of this study was to describe the music practice of child instrumentalists and determine their associations with playing-related musculoskeletal problems (PRMP), accounting for gender and age

n contrast to others who are not as prone to divulge their feelings about their creative process

"Variation in style may have historical explanation but [End Page 94] no philosophical justification, for philosophy cannot discriminate between style and style."3

The testimonies of the composers concerned bear on questions about (a) the role of the conscious and the unconscious in music creativity, (b) how the compositional process gets started, and (c) how the compositional process moves forward

Deep-listening experiences, wrapped in a pedagogy of music listening, take students far beyond the surface of their barely noticeable surround-sound environment and into the nature of music and its workings.

Attentive-listening experiences occur when teachers point out specified points of focus, put questions or challenges to the listeners, or merge graphics or visuals with the sound experience itself. Graphs or maps of particular musical features can be helpful, since visual cues may enhance listening. Teachers can provide diagrams of the contours of the melody or depict rhythmic components of a piece through iconic symbols-staff notation, splotches of color, or geometric shapes, for example. Instruments, real or illustrated, can focus student attention on their entrance or continuing presence in the music.

Engaged listening invites listeners to enter into the groove or the flow of the music, pick a part to contribute, and consequently feel more involved in the music. A phenomenon of "participatory consciousness"[ 5] unfolds as engaged listeners find their place in the music, find something in the music to hang on to (a melody, a pulse, an ostinato, a groove), and select a contribution to make back to the music. In this way, they connect with the music, joining the recorded musicians and their live participant-colleagues in a musical team.