Does Public Racist Speech Constitute Hostile Discrimination? Comments on McGowan

Australasian Philosophical Review 5 (2):179-188 (2021)
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Abstract

ABSTRACT In ‘Just Words: On Speech and Hidden Harm: An Overview and an Application’, Mary Kate McGowan argues that some racist speech in public places should be made unlawful in the United States for the same reason that sexist behaviour in the workplace is already legally actionable—namely, to protect individuals from a hostile discriminatory environment. While McGowan may be correct that some public racist speech may constitute an act of discrimination in some morally significant sense, I present several reasons for doubting that such speech constitutes a hostile discriminatory environment in the relevant legal sense.

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Caroline West
University of Sydney

Citations of this work

Response to Critics.Mary Kate McGowan - 2021 - Australasian Philosophical Review 5 (2):211-220.

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References found in this work

Speech acts and unspeakable acts.Rae Langton - 1993 - Philosophy and Public Affairs 22 (4):293-330.
Scorekeeping in a pornographic language game.Rae Langton & Caroline West - 1999 - Australasian Journal of Philosophy 77 (3):303 – 319.
Just Words: On Speech and Hidden Harm: An Overview and an Application.Mary Kate McGowan - 2021 - Australasian Philosophical Review 5 (2):129-149.
Conversational Exercitives and the Force of Pornography.Mary Kate Mcgowan - 2003 - Philosophy and Public Affairs 31 (2):155-189.

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