David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 32 (6):701-728 (2013)
This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies
|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
Ishani Maitra & Mary Mcgowan (2010). On Racist Hate Speech and the Scope of a Free Speech Principle. Canadian Journal of Law and Jurisprudence 23 (2):343-372.
Caleb Yong (2011). Does Freedom of Speech Include Hate Speech? Res Publica 17 (4):385-403.
Kory Schaff (2000). Hate Speech and the Problems of Agency. Social Philosophy Today 16:185-201.
Daniel I. A. Cohen (1994). The Hate That Dare Not Speak its Name: Pornography Qua Semi-Political Speech. [REVIEW] Law and Philosophy 13 (2):195 - 239.
David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.
David Boonin (2011). Should Race Matter?: Unusual Answers to the Usual Questions. Cambridge University Press.
Mark Slagle (2009). An Ethical Exploration of Free Expression and the Problem of Hate Speech. Journal of Mass Media Ethics 24 (4):238-250.
Carrie L. Hull (2003). Poststructuralism, Behaviorism and the Problem of Hate Speech. Philosophy and Social Criticism 29 (5):517-535.
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.
Lynne Tirrell (1999). Pornographic Subordination: How Pornography Silences Women. In Claudia F. Card (ed.), Feminist Ethics and Politics. University Press of Kansas.
Daniel Jacobson (2007). Freedom of Speech : Why Freedom of Speech Includes Hate Speech. In Jesper Ryberg, Thomas S. Petersen & Clark Wolf (eds.), New Waves in Applied Ethics. Palgrave Macmillan.
Priscilla Marie Meddaugh & Jack Kay (2009). Hate Speech or “Reasonable Racism?” The Other in Stormfront. Journal of Mass Media Ethics 24 (4):251-268.
Added to index2012-11-27
Total downloads20 ( #94,580 of 1,413,272 )
Recent downloads (6 months)4 ( #51,946 of 1,413,272 )
How can I increase my downloads?