Speech and War: Rethinking the Ethics of Speech Restrictions

In Donald Alexander Downs & Chris W. Surprenant (eds.), The Value and Limits of Academic Speech: Philosophical, Political, and Legal Perspectives. New York: Routledge (2018)
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Abstract

Universities regulate speech in various ways. How should we assess when such restrictions are justified, if they ever are? Here, we propose an answer to this question. In short, we argue that we should think about speech restrictions as being like acts of war, and so should approach their justification using just war theory. We also make some suggestions about its implications. For instance, one of the jus ad bellum requirements for a just war is that you have a reasonable hope of success; you shouldn’t enter or continue a war unless you’ve got good reason to think that your objectives are achievable. We offer some reasons to think that many speech restrictions fail to pass this test in our current political climate: we are too far from the kind of society that universities hope to create via speech restrictions, and in employing them, they only exacerbate the problems they’re trying to solve.

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Bob Fischer
Texas State University
Burkay Ozturk
Texas State University

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