On Racist Hate Speech and the Scope of a Free Speech Principle
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Canadian Journal of Law and Jurisprudence 23 (2):343-372 (2010)
In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our view has distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Caroline West (2003). The Free Speech Argument Against Pornography. Canadian Journal of Philosophy 33 (3):391 - 422.
David Braddon-Mitchell & Caroline West (2004). What is Free Speech? Journal of Political Philosophy 12 (4):437-460.
Robert S. Taylor (2012). Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory. Ethical Theory and Moral Practice 15 (3):353-68.
Maleiha Malik (2011). Religious Freedom, Free Speech and Equality: Conflict or Cohesion? Res Publica 17 (1):21-40.
Mark Slagle (2009). An Ethical Exploration of Free Expression and the Problem of Hate Speech. Journal of Mass Media Ethics 24 (4):238-250.
Kory Schaff (2000). Hate Speech and the Problems of Agency. Social Philosophy Today 16:185-201.
David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.
Caleb Yong (2011). Does Freedom of Speech Include Hate Speech? Res Publica 17 (4):385-403.
Added to index2009-01-28
Total downloads7 ( #291,530 of 1,724,882 )
Recent downloads (6 months)3 ( #210,931 of 1,724,882 )
How can I increase my downloads?