We argue against the knowledge rule of assertion, and in favour of integrating the account of assertion more tightly with our best theories of evidence and action. We think that the knowledge rule has an incredible consequence when it comes to practical deliberation, that it can be right for a person to do something that she can't properly assert she can do. We develop some vignettes that show how this is possible, and how odd this consequence is. We then argue (...) that these vignettes point towards alternate rules that tie assertion to sufficient evidence-responsiveness or to proper action. These rules have many of the virtues that are commonly claimed for the knowledge rule, but lack the knowledge rule's problematic consequences when it comes to assertions about what to do. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our view has (...) distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

This paper examines Jason Stanley’s account of propaganda. I begin with an overview and some questions about the structure of that account. I then argue for two main conclusions. First, I argue that Stanley’s account over-generalizes, by counting mere incompetent argumentation as propaganda. But this problem can be avoided, by emphasizing the role of emotions in effective propaganda more than Stanley does. In addition, I argue that more propaganda is democratically acceptable than Stanley allows. Focusing especially on sexual assault prevention (...) campaigns, I show that propaganda can be acceptable even when it represents some in our communities as worthy of contempt. (shrink)

The only part of the Patient Protection and Affordable Care Act (hereafter, ‘the ACA’) struck down in National Federation of Independent Business (NFIB) et al. v. Sebelius, Secretary of Health and Human Services, et al. was a provision expanding Medicaid. We will argue that this was a mistake; the provision should not have been struck down. We’ll do this by identifying a test that C.J. Roberts used to justify his view that this provision was unconstitutional. We’ll defend that test against (...) some objections raised by J. Ginsburg. We’ll then go on to argue that, properly applied, that test establishes the constitutionality of the Medicaid provision. (shrink)

In “Against Arguments from Reference” (Mallon et al., 2009), Ron Mallon, Edouard Machery, Shaun Nichols, and Stephen Stich (hereafter, MMNS) argue that recent experiments concerning reference undermine various philosophical arguments that presuppose the correctness of the causal-historical theory of reference. We will argue three things in reply. First, the experiments in question—concerning Kripke’s Gödel/Schmidt example—don’t really speak to the dispute between descriptivism and the causal-historical theory; though the two theories are empirically testable, we need to look at quite different data (...) than MMNS do to decide between them. Second, the Gödel/Schmidt example plays a different, and much smaller, role in Kripke’s argument for the causal-historical theory than MMNS assume. Finally, and relatedly, even if Kripke is wrong about the Gödel/Schmidt example—indeed, even if the causal-historical theory is not the correct theory of names for some human languages—that does not, contrary to MMNS’s claim, undermine uses of the causalhistorical theory in philosophical research projects. (shrink)

This paper was written for a workshop on ethics and epistemology at Missouri. I use an example from unpublished work with Ishani Maitra to develop a new kind of argument for expressivism. (I don’t endorse the argument, but I think it is interesting.) Roughly, the argument is that knowledge is a norm governing assertions, but moral claims do not have to be known to be properly made, so to make a moral claim is not to make an assertion. (...) Some suggestions are made for how a non-expressivist might avoid the argument. (shrink)

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), Kelp (...) and Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)