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Free Speech: A Philosophical Enquiry

Cambridge University Press (1982)

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  1. Psychoanalysis, Speech Acts and the Language of “Free Speech”.Sionaidh Douglas-Scott - 1998 - Res Publica 4 (1):29-50.
  • On Silencing and Systematicity: The Challenge of the Drowning Case.Mary Kate McGowan, Ilana Walder-Biesanz, Morvareed Rezaian & Chloe Emerson - 2016 - Hypatia 31 (1):74-90.
    Silencing is a speech-related harm. We here focus on one particular account of silencing offered by Jennifer Hornsby and Rae Langton. According to this account, silencing is systematically generated, illocutionary-communicative failure. We here raise an apparent challenge to that account. In particular, we offer an example—the drowning case—that meets these conditions of silencing but does not intuitively seem to be an instance of it. First, we explore several conditions one might add to the Hornsby-Langton account, but we argue that none (...)
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  • Oppressive Speech.Mary Kate McGowan - 2009 - Australasian Journal of Philosophy 87 (3):389 – 407.
    I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...)
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  • Rights, Constitutions and the Perils of Panglossianism.Frederick Schauer - 2018 - Oxford Journal of Legal Studies 38 (4):635-652.
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  • Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State by Robert C. Post.Federico José Arena - 2015 - Humana Mente 8 (28).
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  • The Paradox of Dictating Democracy, of Enforcing Freedom, of Extorting Emancipation.Niall Ferguson - forthcoming - Journal of Thought.
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  • Discurso discriminatorio y derechos políticos: algunas reflexiones a propósito de la obra de John Stuart Mill.Ricardo Cueva Fernández - 2013 - Dilemata 13:231-258.
    The limits on freedom of expression are tested in our democracy when we have to deal with hate speech. A thinker who faced the problem of those limitations was John Stuart Mill, who formulated what has been called “harm principle” in his On Liberty (1859), and according to which the only good reason to interfere with an individual’s liberty is to prevent harm to others. On these grounds, several authors have tried to reconstruct the category of “offense”, in order to (...)
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  • The Racial and Religious Hatred Act 2006: A Millian Response.Alexander Brown - 2008 - Critical Review of International Social and Political Philosophy 11 (1):1-24.
  • Autonomy and the Free Speech Principle.Susan Easton - 1995 - Journal of Applied Philosophy 12 (1):27-39.
    ABSTRACT Autonomy may be used to justify free speech claims where the right is raised against the state but also to justify state intervention intended to promote autonomy which may entail restraints on others' speech. The appeal to diversity and autonomy may be used by both sides of the pornography and censorship debate. Although autonomy may be invoked in defence of pornography as part of the general defence of free speech, it is argued that autonomy favours the regulation of pornography. (...)
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  • Pornography as Incitement to Sexual Hatred.Susan Easton - 1995 - Feminist Legal Studies 3 (1):89-104.
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  • Rules of Power and the Power of Rules.Roger A. Shiner - 1993 - Ratio Juris 6 (3):279-304.
  • Judicial Epistemology of Free Speech Through Ancient Lenses.Uladzislau Belavusau - 2010 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (2):165-183.
    The article is the author’s endeavor to reconstruct the semiotic conflict in the transatlantic legal appraisal of hate speech (between the USA and Europe) through Ancient Greek concepts of παρρησία (parrhēsia) and ισηγορία (isēgoria). The US Supreme Court case law on the First Amendment to American Constitution is, therefore, counter-balanced vis-à-vis la jurisprudence de Strasbourg on Article 10 of the European Convention of Human Rights. The author suggests that an adequate comprehension of the contemporary constitutional concepts of the right to (...)
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  • United States V Stevens: Gnawing Away at Freedom of Speech or Paving the Way for Animal Rights? [REVIEW]Irina Knopp - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (3):331-349.
    This article examines United States v. Stevens, a case recently decided by the Supreme Court, and its relation to animal law and freedom of speech issues, specifically the contention between the two, caused by the statute in question at the heart of the case. While animal rights advocates wish to frame the case through an anti-animal cruelty perspective, those seeking to protect freedom of speech have made the statute an issue of First Amendment rights. Is 18 USC § 48 an (...)
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  • A Place in the Sun: Making Room for Media Ethics.Stanley B. Cunningham - 1993 - Journal of Mass Media Ethics 8 (3):147 – 155.
    A recent issue of Report from the Institute for Philosophy and Public Affairs identifies four ethical issues for the 21st century. By not including media ethics, the Report overlooks a crucial logical priority. That oversight is reflected in greater academe where media ethics (unlike, say, biomedical ethics) is scarcely acknowledged. This article argues that communication ethics, as an integral part of the wider enterprise of media literacy, deserves greater prominence in our town-and-gown communities.
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  • Does Freedom of Speech Include Hate Speech?Caleb Yong - 2011 - Res Publica 17 (4):385-403.
    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 (...)
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  • Liberalism and Permissible Suppression of Illiberal Ideas.Kristian Skagen Ekeli - 2012 - Inquiry: An Interdisciplinary Journal of Philosophy 55 (2):171-193.
    The purpose of this paper is to consider the following question: To what extent is it permissible for a liberal democratic state to suppress the spread of illiberal ideas (including anti-democratic ideas)? I will discuss two approaches to this question. The first can be termed the clear and imminent danger approach, and the second the preventive approach. The clear and imminent danger approach implies that it is permissible for liberal states to suppress the spread of illiberal doctrines and ideas only (...)
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  • The Social Benefits of Protecting Hate Speech and Exposing Sources of Prejudice.Marcus Schulzke - 2016 - Res Publica 22 (2):225-242.
    I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...)
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  • The Real Marketplace of Ideas.Robert Weissberg - 1996 - Critical Review 10 (1):107-121.
    Abstract ?The marketplace of ideas? is a powerful legal and political metaphor?a bulwark of an open, liberal society?that suggests a positivistic debate utilizing reason and evidence. In reality, however, the marketplace of ideas often consists of illogic and bad evidence, producing clutter and confusion. The parallel with scientific research is misinformed. Evidence from collective decision?making and small group studies cast grave doubts on the ?marketplace's? ability to maximize truth.
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  • Freedom of Expression, Internet Responsibility, and Business Ethics: The Yahoo! Saga and Its Implications. [REVIEW]Raphael Cohen-Almagor - 2012 - Journal of Business Ethics 106 (3):353-365.
    In the late 1990s, the Internet seemed a perfect medium for business: a facilitator of unlimited economical propositions to people without any regulatory limitations. Cases such as that of Yahoo! mark the beginning of the end of that illusion. They demonstrate that Internet service providers (ISPs) have to respect domestic state legislation in order to avoid legal risks. Yahoo! was wrong to ignore French national laws and the plea to remove Nazi memorabilia from its auction site. Its legal struggle proved (...)
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  • Sincerity Silencing.Mary Kate Mcgowan - 2014 - Hypatia 29 (2):458-473.
    Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention. The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for (...)
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