Legitimacy, Hate Speech, and Viewpoint Discrimination

Journal of Moral Philosophy:1-26 (forthcoming)
  Copy   BIBTEX


One of the most powerful arguments against state regulation of expression has, in recent years, been presented in a reinvigorated and developed form. The argument in question maintains that state regulation of expression undercuts the legitimacy of the law because it involves the suppression of a source of democratic contestation. The paper distinguishes between three importantly different versions of this legitimacy argument that existing work fails to clearly separate. Doing so is important because different forms of the legitimacy argument are supported by different considerations, vulnerable to different objections, and have different implications. Further, the paper levels two serious objections to legitimacy arguments against hate speech regulation. Firstly, it offers a consolidated defence of an extant rejoinder to the legitimacy argument, based on the claim that some person’s speech can ‘silence’ the expression of others. Secondly, the paper challenges the claim that the regulation of hate speech is necessarily viewpoint discriminatory.



    Upload a copy of this work     Papers currently archived: 91,252

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

State Speech vs. Hate Speech.Michael Weinman - 2006 - Essays in Philosophy 7 (1):83-100.
What Is the Harm of Hate Speech?Eric Barendt - 2019 - Ethical Theory and Moral Practice 22 (3):539-553.
Hate Speech, Dignity and Self-Respect.Jonathan Seglow - 2016 - Ethical Theory and Moral Practice 19 (5):1103-1116.
Expressive Interest and the Integrity of Hate Speakers.Andres Moles - 2010 - Politics in Central Europe 6 (3):18-38.


Added to PP

38 (#401,099)

6 months
15 (#148,654)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Gideon Elford
University of Oxford

Citations of this work

No citations found.

Add more citations

References found in this work

Authority and Coercion.Arthur Ripstein - 2004 - Philosophy and Public Affairs 32 (1):2-35.
Individual Liberty.Hillel Steiner - 1975 - Proceedings of the Aristotelian Society 75:33 - 50.

Add more references