David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 17 (4):385-403 (2011)
I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed as a single category, since it includes many different kinds of speech acts, each of which involves very different kinds of free speech interests, and may cause very different kinds of harm. I therefore propose to disaggregate hate speech into various categories which are analysed in turn. I distinguish four main categories of hate speech, namely (1) targeted vilification, (2) diffuse vilification, (3) organised political advocacy for exclusionary and/or eliminationist policies, and (4) other assertions of fact or value which constitute an adverse judgment on an identifiable racial or religious group. Reviewing these categories in the light of the justifications for the Free Speech Principle, I will argue that category (1) is uncovered by the Principle, categories (2) and (3) are covered but unprotected , and that category (4) is protected speech
|Keywords||Freedom of speech Freedom of expression Hate speech Autonomy|
|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
John Rawls (1993). Political Liberalism. Columbia University Press.
Thomas Scanlon (1972). A Theory of Freedom of Expression. Philosophy and Public Affairs 1 (2):204-226.
Thomas Nagel (1995). Personal Rights and Public Space. Philosophy and Public Affairs 24 (2):83–107.
Susan J. Brison (1998). The Autonomy Defense of Free Speech. Ethics 108 (2):312-339.
Citations of this work BETA
Marcus Schulzke (forthcoming). The Social Benefits of Protecting Hate Speech and Exposing Sources of Prejudice. Res Publica:1-18.
Sarah Sorial (2015). Hate Speech and Distorted Communication: Rethinking the Limits of Incitement. Law and Philosophy 34 (3):299-324.
Similar books and articles
Kory Schaff (2000). Hate Speech and the Problems of Agency. Social Philosophy Today 16:185-201.
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.
David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.
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
David Braddon-Mitchell & Caroline West (2004). What is Free Speech? Journal of Political Philosophy 12 (4):437-460.
Caroline West (2003). The Free Speech Argument Against Pornography. Canadian Journal of Philosophy 33 (3):391 - 422.
Maleiha Malik (2011). Religious Freedom, Free Speech and Equality: Conflict or Cohesion? Res Publica 17 (1):21-40.
J. K. Miles (2011). Hatred, Hostility, and Defamation. International Journal of Applied Philosophy 25 (1):25-32.
Mark Slagle (2009). An Ethical Exploration of Free Expression and the Problem of Hate Speech. Journal of Mass Media Ethics 24 (4):238-250.
Douglas N. Husak (1985). What is so Special About [Free] Speech? Law and Philosophy 4 (1):1 - 15.
Added to index2011-07-16
Total downloads154 ( #17,662 of 1,780,194 )
Recent downloads (6 months)21 ( #37,222 of 1,780,194 )
How can I increase my downloads?