The negative impacts of social media have given rise to philosophical questions around whether social media companies have the authority to regulate user-generated content on their platforms. The most popular justification for that authority is to appeal to private ownership rights. Social media companies own their platforms, and their ownership comes with various rights that ground their authority to moderate user-generated content on their platforms. However, we argue that ownership rights can be limited when their exercise results in significant harms (...) to others or the perpetration of injustices. We outline some of the substantive harms that social media platforms inflict through their practices of content moderation and some of the procedural injustices that arise through their arbitrary application of community guidelines. This provides a normative basis for calls to better regulate user-generated content on social media platforms. We conclude by considering some of the political and legal implications of our argument. (shrink)

A provocative case for the inherently political nature of language In The Politics of Language, David Beaver and Jason Stanley present a radical new approach to the theory of meaning, offering an account of communication in which political and social identity, affect, and shared practices play as important a role as information. This new view of language, they argue, has dramatic consequences for free speech, democracy, and a range of other areas in which speech plays a central role. Drawing on (...) a wealth of disciplines, The Politics of Language argues that the function of speech—whether in dialogue, larger group interactions, or mass communication—is to attune people to something, be it a shared reality, emotion, or identity. Reconceptualizing the central ideas of pragmatics and semantics, Beaver and Stanley apply their account to a range of phenomena that defy standard frameworks in linguistics and philosophy of language—from dog whistles and covert persuasion to echo chambers and genocidal speech. The authors use their framework to show that speech is inevitably political because all communication is imbued with the resonances of particular ideologies and their normative perspectives on reality. At a time when democracy is under attack, authoritarianism is on the rise, and diversity and equality are being demanded, The Politics of Language offers a powerful new vision of the language of politics, ideology, and protest. (shrink)

This article surveys the classic and contemporary literature on the nature and limits of freedom of expression (or free speech). It begins by surveying the main philosophical justifications for free speech, before moving to consider the two most discussed topics in the free speech literature: hate speech and pornography. The article offers some brief reflections on the large number of arguments which have been offered on these topics. Three newer battlegrounds for free speech are examined at the end: no platforming, (...) fake news and online shaming. (shrink)

The classical liberal doctrine of free expression asserts the priority of speech as an extension of the freedom of thought. Yet its critics argue that freedom of expression, itself, demands the suppression of the so-called “silencing speech” of racists, sexists, and so on, as a threat to the equal expressive rights of others. This essay argues that the claim to free expression must be distinguished from claims to equal speech. The former asserts an equal right to express one’s thoughts without (...) interference; the latter the right to address others, and to receive a hearing and consideration from them, in turn. I explore the theory of equal speech in light of the ancient Athenian practice of isegoria and argue that the equality demanded is not distributive but relational: an equal speaker’s voice should be counted as “on a par” with others. This ideal better captures critics’ concerns about silencing speech than do their appeals to free expression. Insofar as epistemic and status-harms provide grounds for the suppression and exclusion of some speech and speakers, the ideal of equal speech is more closely connected with the freedom of association than of thought. Noticing this draws attention to the continuing—and potentially problematic—importance of exclusion in constituting effective sites of equal speech today. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...) about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

The core idea of this paper is that we can use the differences between democratic and undemocratic governments to illuminate ethical problems, particularly in the area of political philosophy. Democratic values, rights and institutions lie between the most abstract considerations of ethics and meta-ethics and the most particularised decisions, outcomes and contexts. Hence, this paper argues, we can use the differences between democratic and undemocratic governments, as we best understand them, to structure our theoretical investigations, to test and organise our (...) intuitions and ideas, and to explain and justify our philosophical conclusions in ways analogous to the distinction between consequentialist and deontological theories in moral philosophy, or between liberal and republican principles in political philosophy. In this way – or so I will argue – we can interpret and evaluate competing philosophical claims so that they are morally and politically attractive, as well as logically consistent. Specifically, as we will see, a democracy-centred approach to ethics can help us to distinguish liberal and democratic approaches to political morality in ways that reflect the varieties of democratic theory, and the importance of distinguishing democratic from undemocratic forms of liberalism. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

In this article we develop an account of justice in the distribution of knowledge. We first argue that knowledge is a fundamental interest that grounds claims of justice due to its role in individuals’ deliberations about the common good, their personal good and the pursuit thereof. Second, we identify the epistemic basic structure of a society, namely, the institutions that determine individuals’ opportunities for acquiring knowledge and discuss what justice requires of them. Our main contention is that a systematic lack (...) of opportunity to acquire knowledge one needs as an individual and a citizen because of the way the epistemic basic structure of a society is organized is an injustice. Finally, we discuss how our account relates to John Rawls’s influential theory of justice. (shrink)

Hate speech is commonly defined with reference to the legal category of incitement. Laws targeting incitement typically focus on how the speech is expressed rather than its actual content. This has a number of unintended consequences: first, law tends to capture overt or obvious forms of hate speech and not hate speech that takes the form of ‘reasoned’ argument, but which nevertheless, causes as much, if not more harm. Second, the focus on form rather than content leads to categorization errors. (...) Hate speech taking the form of ‘reasoned argument’ is often legally characterized as either political or academic debate, and so is deemed both permissible and justified in societies where free speech principles exist. In this paper, I argue that it is important to identify instances of hate speech as hate speech, no matter how articulately or reasonably the speech is expressed. The danger in mischaracterizing an instance of hate speech by calling it academic or political debate is that it risks normalizing the views and sentiments that are expressed and accepting those views as an important part of our political and academic discourses. With reference to Habermas’ account of ‘distorted communication’, I propose different criteria for defining and understanding hate speech and suggest that there might be good reasons for interpreting the concept of incitement more broadly, so as to include these different kinds of it. (shrink)

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 (...) Cerf fails to recognize the existence of derived human rights. I argue further that we need to consider what other human rights are necessitated by the digital age. I suggest we need a Declaration of Digital Rights. As a step toward the development of such a declaration, I suggest a framework for thinking through how to ensure the human rights are satisfied in digital contexts. (shrink)

ABSTRACT:Work is a place where many adults devote significant portions of their waking lives, but it is also a place where civil liberties, including freedom of speech, are significantly constrained. I examine the regulation and control of expressive activity in and around the workplace from legal, managerial, and ethical perspectives. The focus of this article is onworkplace freedom of expression:the ability to engage in acts of expression at or away from the workplace, on subjects related or unrelated to the workplace, (...) free from the threat of discipline or discharge. I present a taxonomy of workplace-relevant acts of expression, describe the present legal status of workplace expression, review and integrate theoretical perspectives on free speech, drawn mainly from legal theory and philosophy, and critically assess the state of freedom of expression in the workplace, arguing that it is excessively and unnecessarily limited in both law and management practice. (shrink)

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...) in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (shrink)

This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...) governmental intervention into the inner life of private associations will jeopardise attaining some associational goods. I challenge these assertions in two ways: First, I argue that the value of associations cannot be measured only in terms of the effects it has on their members. We should also pay attention to the long-term effects on society. Second, I argue that imposing some constraints on the sorts of activities associations might pursue does not necessarily threaten any associational good. These challenges are backed up by research coming from social psychology that suggests that an important part of human behaviour is automatic. I focus on the automaticity of social stereotypes and their causal effectiveness in producing behaviour. The upshot of the argument is that spillover effects are likely to happen. I argue that this is problematic for liberalism because citizens have an interest in exercising a sense of justice. The fact that racist or sexist attitudes cultivated in private spills over the public sphere provides weighty reasons to intervene in those associations. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

This essay examines contemporary liberal theory in light of the 12 cartoons of the Prophet Muhammad, first published in the Danish newspaper Jyllands-Posten. The objective is both to show the limits of liberal theory, in particular with regard to constituents who do not share liberalism's view of acceptable harm, and to discuss how these limits give us reason to supplement liberal theory with other recourses from critical theory and phenomenology. The essay warns against a bifurcation of law and harm, and (...) instead argues for a pluralization of the possible links between them. To this end, the essay foregrounds what T.M. Scanlon dubs a certain ‘creative instability’, which works to energize liberalism's practice of free speech. The essay tracks this possibility in relation to the plurality and energy intrinsic to the 12 Jyllands-Posten cartoons, and suggests that liberal theory can learn from thinkers such as Merleau-Ponty and Deleuze who focus on the variable impacts and framings of free speech. The upshot is a self-critical theory of free expression, one that links harmful speech to the affirmation of mutual contestation, social equality and respect for difference. (shrink)

I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed as a (...) single category, since it includes many different kinds of speech acts, each of which involves very different kinds of free speech interests, and may cause very different kinds of harm. I therefore propose to disaggregate hate speech into various categories which are analysed in turn. I distinguish four main categories of hate speech, namely (1) targeted vilification, (2) diffuse vilification, (3) organised political advocacy for exclusionary and/or eliminationist policies, and (4) other assertions of fact or value which constitute an adverse judgment on an identifiable racial or religious group. Reviewing these categories in the light of the justifications for the Free Speech Principle, I will argue that category (1) is uncovered by the Principle, categories (2) and (3) are covered but unprotected , and that category (4) is protected speech. (shrink)

Comments and reports on synthetic biology often focus on the idea that this field may lead to synthetic life or life forms. Such claims attract general attention because “life” is a basic concept that is understood, interpreted and explained in multiple ways. While these different understandings of life may influence the ethical assessment of synthetic biology by experts and the public, this field might, in turn, influence how academics or the public view life. We suggest in this paper that synthetic (...) biology provides an opportunity to discuss and compare different views and explanations of the world, starting from the concept of life. We argue that a narrow focus on just one interpretation of this concept may be harmful and that people will benefit from being aware of a diversity of understandings of life because they provide answers to different questions. Moreover, the confrontation among views is important for the development of reasoning abilities, and a nuanced view on our world will be useful for integrating scientific findings and their implications into a wider context. At the same time, we should not only consider other understandings of life for our own benefit but also because a moral attitude of respect for and toleration toward others implies permission to express and maintain their views. For these reasons, we suggest that a diversity of views on life should be included in public education and in public engagement events on synthetic biology. Moreover, they should be on the research agenda of technology assessment studies within the ELSA or RRI frameworks. (shrink)

The purpose of this paper is to consider the following question: To what extent is it permissible for a liberal democratic state to suppress the spread of illiberal ideas (including anti-democratic ideas)? I will discuss two approaches to this question. The first can be termed the clear and imminent danger approach, and the second the preventive approach. The clear and imminent danger approach implies that it is permissible for liberal states to suppress the spread of illiberal doctrines and ideas only (...) if they pose a clear and imminent danger to security and/or the stability of liberal democratic institutions. The preventive approach, which is the one that I will propose and defend, goes further than this: it implies that it can also be permissible for a liberal state to restrict the spread of illiberal doctrines and ideas in order to prevent certain extremist illiberal groups (which I will term offensive illiberal groups) from gaining increased popular and political support, and in order to prevent such groups from becoming significant and powerful political actors. However, the evaluation and choice of liberty-limiting suppressive measures should be guided and restricted by two principles or side-constraints: the significance principle and the least restrictive means principle. (shrink)

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision inApplebyv.UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private (...) law, in other words, the question of the “judicial cognizability” of constitutional norms within private law. (shrink)

My main argument in this paper is that the right to freedom of expression is not a single right, complex as it may be, but spans two separate rights that I label the right to speak and the right to hear. Roughly, the right to speak stands for the right of a person to express freely whatever they wish to communicate to some other persons or to the public at large. The right to hear stands for the right to have (...) free and unfettered access to any kind of content that has been communicated by others. The right to speak and the right to hear are two separate rights, grounded in different kinds of interests. I try to show that this division of rights and their respective rationales can be utilized to explain how we think about some of the limits of the right to freedom of expression, particularly in the context of conflicts between the right to speak and the right to hear, conflicts that are rather pervasive. I also argue, though perhaps less conclusively, that in thinking about the limits of freedom of expression, an exclusive focus on the harm principle would be misguided. There is no reason to deny that speech is often harmful, sometimes very much so, but the prevention of harm is not sufficient to justify legal prohibition, at least not in this case. (shrink)

As a result of the global economic turndown, many local and national governments are disinvesting in public libraries. This paper proposes that governments have an obligation to create and fund public libraries, because access to them is a human right. Starting with the Universal Declaration of Human Rights, and appealing to recent work in Human Rights Theory, I argue that there is a right to information, which states are obligated to fulfill. Given that libraries are highly effective institutions for ensuring (...) that this right is fulfilled, there is a derived human right to a public library. (shrink)

Deliberative democracy’s approach with its emphasis on a multidimensional conception of freedom is very well suited to offer a sophisticated and critical account of freedom of speech in the democratic public sphere. Nevertheless, it has rarely engaged other competing free speech theories in order to offer a valuable social critique of other ways of thinking about freedom of expression. This article tries to fill this gap by critically engaging Robert Post’s theory of freedom of speech based on democratic self-government. On (...) Post’s account, the key to effective democratic self-government is political autonomy, which he reduces to negative liberty and formal equality. I argue that this reduction creates serious problems. A purely procedural account of democracy makes it difficult to politicize new issues in the public sphere and also makes a dominant discourse resistant to contestation. Further, given his theory, Post does not have enough normative resources to offer an account of public justification, which would expand effective political liberty. (shrink)

This paper elaborates on the deliberative democracy argument for freedom of expression in terms of its relationship to different dimensions of autonomy. It engages the objection that Enlightenment theories pose a threat to cultures that reject autonomy and argues that autonomy-based democracy is not only compatible with but necessary for respect for cultural diversity. On the basis of an intersubjective epistemology, it argues that people cannot know how to live on mutually respectful terms without engaging in public deliberation and developing (...) some degree of personal autonomy. While freedom of expression is indispensable for deliberation and autonomy, this does not mean that people have no obligations regarding how they speak to each other. The moral insights provided by deliberation depend on the participants in the process treating one another with respect. The argument is related to the Danish cartoon controversy. (shrink)