Expressive Exclusion: A Defense

Journal of Moral Philosophy 7 (4):427-440 (2011)
Abstract
Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy
Keywords RELIGION   EXPRESSIVE DISCRIMINATION   FREEDOM OF ASSOCIATION AND SPEECH   CONSTITUTIONAL LAW
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  •   Try with proxy.
  •   Try with proxy.
  • Through your library Configure
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Brandon Morgan-Olsen (2010). Conceptual Exclusion and Public Reason. Philosophy of the Social Sciences 40 (2):213-243.
    Karen Bennett (2008). Exclusion Again. In Jakob Hohwy & Jesper Kallestrup (eds.), Being Reduced: New Essays on Reduction, Explanation, and Causation. Oxford University Press.
    Analytics

    Monthly downloads

    Added to index

    2010-11-08

    Total downloads

    20 ( #71,710 of 1,089,154 )

    Recent downloads (6 months)

    1 ( #69,735 of 1,089,154 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.