A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

McGowan argues “that ordinary utterances routinely enact norms without the speaker having or exercising any special authority” and thereby not “merely cause” but “constitute” harm if harm results from adherence to the enacted norms. The discovery of this “previously overlooked mechanism,” she claims, provides a potential justification for “further speech regulation.” Her argument is unsuccessful. She merely redefines concepts like “harm constitution” and “norm enactment” and fails to explain why speech that “constitutes” harm is legally or morally problematic and thus (...) an initially more plausible target for speech regulation than speech that “merely causes” harm. Even if she could explain that, however, her account would still be incapable of identifying cases where utterances “constitute harm.” This is so for two reasons. First, she provides neither analytical nor empirical criteria for deciding which so-called “s-norms” have been enacted by an “ordinary utterance.” Second, even if such criteria could be provided, there is no epistemically available means to distinguish whether harm has ensued due to adherence to the enacted s-norms or through other mechanisms. Given this lack of criteria and practical applicability, there is no way that this account could serve as a principled basis for speech regulation – it could only serve as a pretext for arbitrary censorship. (shrink)

McGowan argues that everyday verbal bigotry makes a key contribution to the harms of discriminatory inequality, via a mechanism that she calls sneaky norm enactment. Part of her account involves showing that the characteristic of conversational interaction that facilitates sneaky norm enactment is in fact a generic one, which obtains in a wide range of activities, namely, the property of having conventions of appropriateness. I argue that her account will be better-able to show that everyday verbal bigotry is a key (...) factor in social inequality if it tries to isolate a more specific property of conversation as the thing that facilitates sneaky norm enactment. (shrink)

One way to silence the powerless, Langton has taught us, is to pre-emptively disable their ability to do things with words. In this paper I argue that speakers can be silenced in a different way. You can let them speak, and obscure the meaning of their words afterwards. My aim is to investigate this form of silencing, that I call retroactive distortion. In a retroactive distortion, the meaning of the words of a speaker is distorted by the effect of a (...) subsequent speech act by a different speaker. After introducing this notion, I explore some reasons why retroactive distortions can be difficult to challenge and argue that, besides constituting a communicative injustice, they can eliminate topics from public consideration and therefore erode public debate. (shrink)

McGowan here responds to essays written in critical engagement with her lead essay (Just Words: On Speech and Hidden Harm: An Overview and an Application). She here responds to Caroline West, Ishani Maitra, Jeremy Waldron, Robert Mark Simpson, Lawrence Lengbeyer, Louise Richardsoon-Self, Laura Caponetto and Bianca Cepollaro.

Faced with hate speech, oppressed groups can use their own speech to respond to their verbal oppressors. This “counterspeech,” however, sometimes itself takes on a hateful form. This paper explores the moral standing of such “hateful counterspeech.” Is there a fundamental moral asymmetry between hateful counterspeech, and the hateful utterances of dominant or oppressive groups? Or are claims that such an asymmetry exists indefensible? I argue for an intermediate position. There _is_ a key moral asymmetry between these two forms of (...) speech. But, this asymmetry notwithstanding, hateful counterspeech is capable of enacting serious harms—and so, contrary to what many legal theorists have argued, it is in principle an appropriate object of legal regulation. I begin by considering the central argument for thinking that hateful counterspeech is not seriously troubling. This argument holds that oppressed groups lack authority—and, by extension, “speaker power.” Yet this argument, I suggest, sits in tension with the fact that low-status members of dominant groups can, through their utterances, seriously harm members of oppressed groups. Philosophers of language have developed sophisticated arguments to explain this last phenomenon: they have argued that speaker power is relativised to particular jurisdictions; that it can be acquired dynamically in local settings; and that it is socially dispersed. I argue that, in light of these arguments, it appears that hateful counterspeech, too, can generate serious harms. Nevertheless, I show that this conclusion is compatible with recognising a crucial moral asymmetry between hateful counterspeech and the hate speech of oppressors. (shrink)

This article defends the democratic ideal of inclusive public discourse, as articulated in Democratic Speech in Divided Times, against the critiques offered by Billingham, Fraser, and Hannon. Specifically, it considers and responds to three core challenges. The first challenge argues, notably, that the “shared reasons” constraint should either apply everywhere or not at all, and that, if this constraint is to apply in divided circumstances, its justificatory constituency must be idealized. The second challenge contends that the resistance of hate speech (...) and misinformation to counterspeech cannot adequately be explained by considerations of salience, and therefore cannot adequately by countered (as I suggest) by “positive” forms of counterspeech. Finally, the last challenge objects that the ideal of inclusive public discourse I defend remains, as pessimists allege, excessively idealistic. (shrink)

This paper offers a general model of the semantics of lexicalized social meanings, i.e. semiotic properties of certain expressions in a socio-political context. Examples include slurs, problematically charged expressions such as inner city, as well as terms such as mother, which also carry implicit ideological associations. Insofar as their linguistic properties are concerned, social meanings can be construed as context-structuring devices: without introducing specific at-issue contents, they evoke background assumptions which shape the context of conversation. An inferentialist model of discourse (...) is developed to account for this effect, in which the discursive significance of an utterance is defined as the set of inferences it licenses relative to a discursive context. A discursive context is a set of propositions that can serve as auxiliary premises in material inferences, together with a salience ranking that makes some of these propositions more readily available and therefore more relevant to determining discursive significance. Social meanings are defined as functions on discursive contexts that modify the salience ranking, increasing the salience of certain assumptions and stereotypes. As a result, they impact the discursive significance of utterances indirectly and independently of at-issue contents. They are also largely independent of speaker intentions in virtue of the ideological nature of discursive contexts. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

In this paper, we identify and examine an overlooked strategy to counter bigoted speech on the spot. Such a strategy we call ‘bending’. To ‘bend’, in our sense, is to deliberately give a distorted response to a speaker’s harmful move – precisely, an ameliorative response, which may turn that move into a different, less harmful, contribution. To substantiate our proposal, we distinguish two ideas of uptake – interpretation and response – and argue for the general claim that a distorted response (...) on the hearer’s part may end up transforming a speaker’s contribution. Patterns of distortion have been analyzed in the literature as unjustly undermining speakers’ agency and exacerbating oppression. Our analysis shows that, under certain circumstances, distortion can be employed to derail bigoted speech and thus serve the purposes of social justice. We close by discussing the virtues and limits of bending vis-à-vis a different, much-discussed, counterspeech strategy, i.e. ‘blocking’ (Langton 2018). (shrink)

Spanish Translation of "He/She/They/Ze" (Ergo, 2018).

Much of feminist philosophy of language so far can be described as critical—critical either of language itself or of philosophy of language, and calling for change on the basis of these criticisms. Those making these criticisms suggest that the changes are needed for the sake of feminist goals — either to better allow for feminist work to be done or, more frequently, to bring an end to certain key ways that women are disadvantaged. In this entry, I examine these criticisms. (...) I also examine work by feminists that seems to suggest some of the criticisms are misplaced: that, for example, philosophy of language is better able to help in feminist projects than critics suppose. My focus in this entry will generally be on the analytic tradition. For continental approaches, see the entries on feminist approaches to the intersection of analytic and continental philosophy , feminist approaches to the intersection of pragmatism and continental philosophy. (shrink)

We use generic sentences like ‘Blondes are stupid’ to express stereotypes. But why is this? Does the fact that we use generic sentences to express stereotypes mean that stereotypes are themselves, in some sense, generic? I argue that they are. However, stereotypes are mental and generics linguistic, so how can stereotypes be generic? My answer is that stereotypes are generic in virtue of the beliefs they contain. Stereotypes about blondes being stupid contain a belief element, namely a belief that blondes (...) are stupid. This belief is an attitude taken towards the same proposition expressed by the sentence ‘Blondes are stupid’, hence why we use the latter to articulate the former. -/- This generic account of stereotypes can help us better understand their inner workings. I focus on one feature of generics, variability in the types of facts that can make them true, and argue that it can explain how stereotypes shape inferential patterns and thereby guide how we treat members of stereotyped groups. This feature, in turn, illuminates the harms caused by stereotyping and suggests some courses of action. (shrink)

McGowan has provided a linguistic mechanism that explains how speech can constitute harm. Her idea is that utterances routinely enact s-norms about what is permissible in a given context. My aim is to argue that these s-norms are sensitive to the conversational standing of the speaker. In particular, I claim that the strength of the norm enacted depends on the standing of the speaker. In some cases, the speaker might even lack the standing required to enact new s-norms.