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  1. Hate Speech, Dignity and Self-Respect.Jonathan Seglow - 2016 - Ethical Theory and Moral Practice 19 (5):1103-1116.
    This paper engages with the recent dignity-based argument against hate speech proposed by Jeremy Waldron. It’s claimed that while Waldron makes progress by conceptualising dignity less as an inherent property and more as a civic status which hate speech undermines, his argument is nonetheless subject to the problem that there are many sources of citizens’ dignitary status besides speech. Moreover, insofar as dignity informs the grounds of individuals’ right to free speech, Waldron’s argument leaves us balancing hate speakers’ dignity against (...)
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  • How to Silence Content with Porn, Context and Loaded Questions.Alex Davies - 2016 - European Journal of Philosophy 24 (2):498-522.
    Using a combination of semantic theory and findings from conversation analysis, this paper describes a way in which questions, which incorporate presuppositions that are false, when used in a courtroom cross-examination wherein there are certain turn-taking rules, rights and restrictions, stop a rape victim from expressing the content that she wants to express in that context. This kind of silencing contrasts with other kinds of silencing that consist in the disabling of a speech act's force, rather than precluding the expression (...)
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  • Human Rights for the Digital Age.Kay Mathiesen - 2014 - Journal of Mass Media Ethics 29 (1):2-18.
    Human rights are those legal and/or moral rights that all persons have simply as persons. In the current digital age, human rights are increasingly being either fulfilled or violated in the online environment. In this article, I provide a way of conceptualizing the relationships between human rights and information technology. I do so by pointing out a number of misunderstandings of human rights evident in Vinton Cerf's recent argument that there is no human right to the Internet. I claim that (...)
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  • The limits of free speech: Pornography and the question of coverage.Ishani Maitra & Mary Kate McGowan - 2007 - Legal Theory 13 (1):41-68.
    Many liberal societies are deeply committed to freedom of speech. This commitment is so entrenched that when it seems to come into conflict with other commitments (e.g., gender equality), it is often argued that the commitment to speech must trump the other commitments. In this paper, we argue that a proper understanding of our commitment to free speech requires being clear about what should count as speech for these purposes. On the approach we defend, should get a special, technical sense, (...)
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  • Democratic freedom of expression.Ricardo Restrepo - 2013 - Open Journal of Philosophy 3 (3):380-390.
    This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart that (...)
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  • Speech affordances: A structural take on how much we can do with our words.Saray Ayala - 2016 - European Journal of Philosophy 24 (4):879-891.
    Individuals can do a broad variety of things with their words and enjoy different degrees of this capacity. What moderates this capacity? And in cases in which this capacity is unjustly disrupted, what is a good explanation for it? These are the questions I address here. I propose that speech capacity, understood as the capacity to do things with your words, is a structural property importantly dependent on individuals' position in a social structure. My account facilitates a non-individualistic explanation of (...)
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  • The Limits of the Public Sphere: The Advocacy of Violence.Catriona Mackenzie & Sarah Sorial - 2011 - Critical Horizons 12 (2):165-188.
    In this paper, we give an account of some of the necessary conditions for an effectively functioning public sphere, and then explore the question of whether these conditions allow for the expression of ideas and values that are fundamentally incompatible with those of liberalism. We argue that speakers who advocate or glorify violence against democratic institutions fall outside the parameters of what constitutes legitimate public debate and may in fact undermine the conditions necessary for the flourishing of free speech and (...)
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