One of the strongest defences of free speech holds that autonomy requires the protection of speech. In this paper I examine five conditions that autonomy must satisfy. I survey recent research in social psychology regarding automatic behaviour, and a challenge to autonomy is articulated. I argue that a plausible strategy for neutralising some of the autonomy-threatening automatic responses consists in avoiding the exposure to the environmental features that trigger them. If this is so, we can good autonomy-based (...) pro tanto reasons for controlling exposure to certain forms of speech. (shrink)

Western European liberal democracies have recently enacted laws that prohibit the diffusion of fake news on social media. Yet, many consider that such laws are incompatible with freedom of expression. In this paper, I argue that democratic governments have strong pro tanto reasons to prohibit fake news, and that doing so is compatible with free speech. First, I show that fake news disrupts a mutually beneficial form of epistemic dependence in which members of the public are engaged with (...) journalists. Second, I contend that laws against fake news enhance rather than thwart personal autonomy. If these suggestions are plausible, then the same considerations about truth and autonomy that underpin the value of free speech give us reasons to prohibit fake news. (shrink)

Recognition of the harms done by free speech is a function of the social ontology presupposed. An atomist ontology implies that the harms suffered are restricted to individual people. This paper suggests an alternate ontology—one that describes systems established by the causal reciprocities of their proper parts. It proposes a consequentialist moral theory, and considers the harms suffered by these systems when speech exposes their internal, otherwise private, behaviors or features, when speech is malicious and false, (...) and when speech is monopolistic. Does the proposed ontology have objectionable implications for public policy? Alternative answers are considered briefly. (shrink)

Free Speech is a philosophical treatment of a topic which is of immense importance to all of us. Writing with great clarity, wit, and genuine concern, Alan Haworth situates the main arguments for free speech by tracing their relationship to contemporary debates in politics and political philosophy, and their historical roots to earlier controversies over religious toleration. Free Speech will appeal to anyone with an interest in philosophy, politics and current affairs.

Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems, not only of inadequate protection of free speech, but also (...) correlative failure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia. (shrink)

This article looks at liberalism as a political tradition encompassing competing and, at times, incommensurable values. It looks in particular at the potential conflict between the values of free speech and equal respect. Both of these are foundational values for liberalism, in the sense that they arise as normative ideals from the very inception of the liberal tradition itself. Yet from the perspective of this tradition, it is by no means clear which of these values should be prioritized (...) in those instances where they come into conflict. This article insists that the only way these two values can be meaningfully weighed against each other is if their competition can be understood within the broader framework of liberalism and democracy. Within this broader framework it is possible to find criteria which enable us to choose between these values in a non-circular manner — i.e. in ways which do not already presuppose a commitment to the value we wish to support. (shrink)

Democratic theories of free speech hold that the right to free speech is grounded in the nature of collective self-governance. The legitimacy of imposing laws on those who disagree with them depends on giving all citizens an equal right to participate in the lawmaking process, including the right to express their opposition. Ronald Dworkin argues that views of this kind are in tension with hate speech regulation. If we forbid the expression of prejudice, we undermine (...) the legitimacy of laws protecting minority groups. The aim in this chapter is to diffuse the tension Dworkin sees between a democratic justification of the right to free speech and hate speech regulation. This is done by developing an account of how our bodily rights constrain the right to free speech. (shrink)

Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. _Transforming Free Speech_ challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the (...) present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr., the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, _Transforming Free Speech_ will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States. (shrink)

We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by ‘speech’, in the context ‘free speech’, is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.

While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have (...) an overabundance of content to consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy. (shrink)

This article was one of SCSS President Stephen M. Krason’s online “Neither Left nor Right, but Catholic” columns. It appeared on April 1, 2012. There is a link to Krason’s monthly column at the SCSS website. Since August 2012, his column also appears at Crisismagazine.com. This article considers new, serious threats to free speech in the contemporary Western world.

Free speech fallacies are errors of meta-argument. One commits a free speech fallacy when one argues that since there are apparent restrictions on one’s rights of free expression, procedural rules of critical exchange have been broken, and consequently, one’s preferred view is dialectically better off than it may otherwise seem. Free speech fallacies are meta-argumentative, since they occur at the level of assessing the dialectical situation in terms of norms of argument and in (...) terms of meta-evidential principles of interpreting how and why people follow (or fail to follow) argumentative rules. Our plan here is to begin with a brief explanation of meta-argument and meta-argumentative fallacy. We will then turn to the variety of forms of the free speech fallacy, which we will explain as meta-argumentatively erroneous. (shrink)

Both books reviewed here argue for the importance of free speech, though apart from that they have little in common. One, The Most Human Right: Why Free Speech is Everything by Eric Heinze is a cas...

How important is free speech? Should it be defended at any cost? Or should we set limits on what can and cannot be said? This Very Short Introduction offers a lively and thought-provoking guide to these questions, exploring both the traditional philosophical arguments as well as the practical issues and controversies facing society today.

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in (...) areas such as hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies. (shrink)

This book presents an accessible and carefully argued challenge to conventional approaches to thinking about free speech. Anthony Leaker provides a richer, more nuanced understanding of what free speech is and how it operates, explaining how free speech arguments are situated within a broader liberal humanist ideology.

Attempts to stifle debate in medical ethics must be strongly resistedOn 30 September and 1 October this year a conference on “Ethics, Science and Moral Philosophy of Assisted Human Reproduction” was held at the Royal Society in London. The conference was organised by the German philosopher Edgar Dahl and the eminent embryologist Robert Edwards, and the speakers included scientists, IVF practitioners, and philosophers from the UK, the USA, Europe, and Australia Because the programme included discussion of preimplantation genetic diagnosis and (...) reproductive choice the conference was targeted by an anonymous group calling itself “People Against Eugenics” that is hiding its real identity behind an email address.If this shadowy organisation had had …. (shrink)

In this article, I offer a novel and in-depth account of how, for Kant, free speech is the mechanism that moves a society closer to justice. I argue that the criticism of the legislator preserved by free speech must also be the result of collective agreement. I further argue that structural features of judgements of taste and the sensus communis give guidance for how we should communicate publicly to succeed at the aims Kant has laid out, (...) as judgements of taste, like politics, belong fundamentally to a transitional sphere between nature and freedom. (shrink)

Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This (...) book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance. (shrink)

In 2012, baker Jack Phillips of Masterpiece Cakeshop refused to create a wedding cake for a same-sex couple, citing religious beliefs. Colorado Public Accommodations law prohibits business owners from denying the “full and equal enjoyment” of their services on the basis of sexual orientation, and Phillips refused to sell the couple the very same items he would sell to a heterosexual couple. But Phillips, who fashions himself as a “cake artist,” argues that applying the law here would interfere with his (...) free-speech rights. Moreover, he argues that he is not actually discriminating on the basis of sexual orientation but on the basis of a particular understanding of marriage; he is happy to sell Lesbian, Gay, Bisexual, and Transgender people a wide range of other items. In this chapter, I evaluate both arguments. In the postscript, I briefly explain the US Supreme Court's June 2018 ruling on the case. (shrink)

. Although the courts have ruled that companies are legal persons, they have not yet made clear the extent to which political free speech for corporations is limited by the strictures legitimately placed upon corporate commercial speech. I explore the question of whether or not companies can properly be said to have the right to civil free speech or whether corporate speech is always de facto commercial speech not subject to the same sorts (...) of legal protections as is the right to civil free speech. In the absence of clearly defined legal precedent, I emphasize moral reasons for determining the appropriate limits of corporate civil free speech. Appealing to arguments typically used to justify individual rights to civil free speech, I examine the extent to which this sort of justification may or may not be legitimately extended to corporations. I conclude that corporate rights to civil free speech must be restricted because granting rights of free speech to institutions may, in practice, undermine the moral rationale and practical feasibility of guaranteeing rights of civil free speech to individuals. Furthermore, I argue that granting corporations full rights to civil free speech will undercut attempts to develop good moral character in corporate institutions by undermining the efforts of watchdog organizations. (shrink)

It is widely held that free speech is a distinctive and privileged social kind. But what is free speech? In particular, is there any unified phenomenon that is both free speech and which is worthy of the special value traditionally attached to free speech? We argue that a descendent of the classic Millian justification of free speech is in fact a justification of a more general social condition; and, via an (...) argument that 'free speech' names whatever natural social kind is justified by the best arguments, that free speech is therefore this more general condition. This condition involves not merely the orthodox freedom (in some sense) of speakers to distribute words, but also two less frequently acknowledged dimensions of free speech: audience understanding and consideration. We conclude with some discussion of the policy implications of this conception of free speech. (shrink)

This paper argues that there is a tension between two central features of Dworkin’s partnership conception of democracy. The conception holds, on the one hand, that it is a necessary condition of the legitimacy of the decisions of a political majority that every member of the political community has a very robust right to publicly criticize those decisions. A plausible interpretation of this argument is that free political speech constitutes a normatively privileged vehicle for political minorities to become (...) majorities, and therefore in the absence of freedom of speech minorities could not be rightfully compelled to comply with majority decisions. On the other hand, the partnership conception holds that properly exercised constraints on majority rule do not incur any moral costs. The no-moral-costs thesis is argued for on the basis that nothing of significance is lost when individuals’ influence on political decisions is diminished. However, the legitimacy argument for free speech assumes the significance of individual political influence, which the no-moral-costs thesis denies. Hence the tension. (shrink)

Recent arguments trying to justify further free speech restrictions by appealing to harms that are allegedly serious enough to warrant such restrictions regularly fail to provide sufficient empirical evidence and normative argument. This is also true for the attempt made by Bonotti and Seglow. They offer no valid argument for their claim that it is wrong to direct “religiously offensive speech” at “unjustly disadvantaged” minorities (thereby allegedly undermining their “self-respect”), nor for their further claim that this is (...) not the case when such speech is directed at “established majorities.” Moreover, their account has either counter-intuitive moral implications or succumbs to logical or pragmatic incoherence. Thus, they have not adduced convincing reasons to further restrict speech. In fact, some of the reasons for this failure provide, in turn, positive reasons in support of free speech. Two important (not new, but newly confirmed) reasons are that restricting free speech undermines both equal civic standing as well as fact-guided (as opposed to blindly ideological) policies. Free speech, in contrast, is indispensable for both. (shrink)

I have argued elsewhere that in past history, freedom of speech, whether granted to few or many, was granted as bestowing some important benefit. John Stuart Mill, for example, in On Liberty, saw it as enabling us to learn from each other through discussion. By the test of benefit, I here argue that social media that are funded through trade in our personal data with advertisers, including propagandists, cannot claim to be supporting free speech. We lose our (...) freedoms, if the personal data we entrust to online social media are used to target us with information, or disinformation, tailored as persuasive to different personalities, in order to maximize revenue from advertisers or propagandists. Among the serious consequences described, particularly dangerous because of its effect on democracy, is the use of such targeted advertisements to swing voting campaigns. Control is needed both of the social media and of any political parties that pay social media for differential targeting of voters based on personality. Using UK government documents, I recommend legislation for reform and enforcement. (shrink)

Recent years have seen recurring episodes of tension between proponents of freedom of speech and advocates of the disenfranchised. Recent survey research attests to the ideological division in attitudes toward free speech, whereby conservatives report greater support for free speech than progressives do. Intrigued by the question of whether “canceling” is indeed a uniquely progressive tendency, we conducted a vignette-based experiment examining judgments of offensiveness among progressives and conservatives. Contrary to the dominant portrayal of progressives (...) and conservatives, our study documented ideological symmetry in their evaluations of offensive speech. When faced with utterances whose content matters to them, both conservatives and progressives viewed outgroup speakers as more offensive than ingroup speakers. A second contribution of this chapter is to provide a deeper understanding of the cognitive mechanism implicated in evaluating outgroup speech as more offensive than ingroup speech. Our results suggest that perception of offensiveness is mediated by ascriptions of intent: we tend to attribute negative intent to the speaker whenever we deem their utterances to be offensive, even against the explicitly stated speaker’s background attitudes. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy: free speech fallacy (FS). The FS consists in thinking one's political right to freedom of expression includes protection from criticism. Those who commit this fallacy allege that critical scrutiny is either tantamount to censorship or equivalent to the imposition of one's views on others. The error in the fallacy is that the freedom of expression includes critical expressions. The trouble with the argument is that freedom of (...) expression does not mean freedom from criticism. The first distortion concerns the logical consequences of criticism. The second distortion confuses logical implications of criticism with the criticism itself. The FS thus takes the personal implications, necessary though they may be, as the defining features of criticism, when they are merely incidental. (shrink)

This essay offers a liberal, neo-Millian account of free speech, which attempts to fix some familiar bugs in Mill's account of free speech by focusing primarily on the right of free association, together with the permissibility of imposing restrictions to deal with, as Mill put it, ‘violations of good manners’ and ‘offences against decency’. It also uncovers a number of more conceptual puzzles with free speech. These can be resolved, it is contended, by (...) regarding free speech as a practice. (shrink)

People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech (...) sometimes deserves priority. But what can we say, then, about situations in which heckling clearly seems to infringe upon people’s civil liberties, in a way that intuitively justifies intervention? In such cases, we argue, heckling infringes upon people’s associative freedom. We present and defend an ethical framework for the institutional management of ‘Speech Fights’, geared around this insight. (shrink)

This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech.

This article examines what is wrong with some expressive acts, ‘insults’. Their putative wrongfulness is distinguished from the causing of indirect harms, aggregated harms, contextual harms, and damaging misrepresentations. The article clarifies what insults are, making use of work by Neu and Austin, and argues that their wrongfulness cannot lie in the hurt that is caused to those at whom such acts are directed. Rather it must lie in what they seek to do, namely to denigrate the other. The causing (...) of offence is at most evidence that an insult has been communicated; it is not independent grounds of proscription or constraint. The victim of an insult may know that she has been insulted but not accept or agree with the insult, and thereby submit to the insulter. Hence insults need not, as Waldron argues they do, occasion dignitary harms. They do not of themselves subvert their victims' equal moral status. The claim that hateful speech endorses inequality should not be conflated with a claim that such speech directly subverts equality. Thus, ‘wounding words’ should not unduly trouble the liberal defender of free speech either on the grounds of preventing offence or on those of avoiding dignitary harms. (shrink)

Free speech has been treated as a preeminent constitutional right in the United States for more than half a century. The rights of property owners, on the other hand, have received little constitutional protection since the New Deal period of the 1930s. This modern dichotomy is particularly striking because it obscures an older constitutional tradition that equated economic liberty and freedom of expression. This tradition saw both property rights and speech rights as essential to the protection of (...) personal freedom by restraining the power of government. (shrink)

In What 'Snowflakes' Get Right About Free Speech, Ulrich Baer draws on jurisprudence, philosophical texts, and his long experience as a senior university administrator to show that debates surrounding free speech on university campuses are not about the feelings of offended students but about our democracy's commitment to equality and the university's critical role as an arbiter of truth in society.

If the University had a constitution, would it contain a free speech provision such as exists in the U.S. Constitution? The author develops in some detail the idea of the University as a special social institution that has as its goal the dissemination and advancement of knowledge.Free Speech on Campus examines the arguments, pro and con, concerning appropriate standards of discourse and expression that are particularly germane to the campus context, public or private, whether or not (...) they are constitutionally enforceable. Students and teachers in every discipline will find this book engaging and illuminating; it is especially relevant for ethicists and philosophers of education. (shrink)

This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.Most liberal societies are deeply committed to a principle of free speech. At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important liberal values, such as social equality. Might a genuine commitment to free speech require that we legally (...) permit speech even when it is harmful, and even when doing so is in conflict with our commitment to values like equality? Even if such speech is to be legally permitted, does our commitment to free speech allow us to provide material and institutional support to those who would contest such harmful speech? And finally, and perhaps most importantly, which kinds of speech are harmful in ways that merit response, either in the form of legal regulation or in some other form? This collection explores these and related questions. Drawing on expertise in philosophy, sociology, political science, feminist theory, and legal theory, the contributors to this book investigate these themes and questions. By exploring various categories of speech (including pornography, hate speech, Holocaust denial literature, 'Whites Only' signs), and attending to the precise functioning of speech, the essays contained here shed light on these questions by clarifying the relationship between speech and harm. Understanding how speech functions can help us work out which kinds of speech are harmful, what those harms are, and how the speech in question brings them about. All of these issues are crucially important when it comes to deciding what ought to be done about allegedly harmful speech. (shrink)

It is widely believed that there is more freedom of speech in America today than there was at the time of the founding. Indeed, this view is shared by liberal commentators, as one would expect, as well as by leading conservatives, which is more surprising. “The body of law presently defining First Amendment liberties,” writes liberal law professor Archibald Cox, grew out of a “continual expansion of individual freedom of expression.” Conservative constitutional scholar Walter Berns agrees: “Legally we enjoy (...) a greater liberty [of speech] than ever before in our history.” This shared assessment is correct—from the point of view of the political theory of today's liberalism—but it is incorrect from the point of view of the political theory of the American founding. (shrink)

This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We (...) argue that both of these arguments, in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

How we understand, protect, and discharge our rights and responsibilities as citizens in a democratic society committed to the principle of political equality is intimately connected to the standards and behaviour of our media in general, and our news media in particular. However, the media does not just stand between the citizenry and their leaders, or indeed between citizens and each other. The media is often the site where individuals attempt to realise some of the most fundamental democratic liberties, including (...) the right to free speech. -/- Media Ethics, Free Speech, and the Requirements of Democracy explores the conflict between the rights that people exercise in, and through, the modern media and the responsibilities that accrue on account of its awesome and increasing power. The individual chapters—written by leading scholars from the US, UK, and Australia—address several recent events and controversial developments in the media, including Brexit, the rise of Trump, Lynton Crosby, Charlie Hebdo, dog-whistle politics, fake news, and political correctness. This much-needed philosophical treatment is a welcome addition to the recent literature in media ethics. It will be of interest to scholars across political and social philosophy, applied ethics, media and communication studies, and political science who are interested in the important issues surrounding the media and free speech and democracy. (shrink)