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)

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)

Since the start of the Covid-19 pandemic in early 2020, conspiracy theories, misinformation, and fake news about the virus have abounded, drastically affecting global health measures to oppose it. In response, different strategies have been proposed to combat such Covid-19 collective irrationalities. One suggested approach has been that of epistemic paternalism – non-consultative interference in agents’ inquiries for their epistemic improvement. While extant literature on epistemic paternalism has mainly discussed whether it is (ever) justified, in this paper, I primarily focus (...) on the potential implementation of widespread epistemically paternalistic policies (such as no-platforming and censorship) and its consequences. I argue that pursuing epistemic paternalism to combat Covid-19 collective irrationalities leads to a hitherto unnoticed puzzle for proponents of epistemic paternalism. Central to the puzzle is the idea those (governments, corporations, social media giants) who actually can (i.e., have the requisite power to) enact widespread epistemically paternalistic policies seem the institutions who are least suited to having such informational control over the populace. Thus, epistemic paternalism appears a sword without a hilt; while it may prove an effective strategy in tackling Covid-19 collective irrationalities, we do not have any way to use it without incurring serious risks. (shrink)

Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition to our (...) moral obligations, we also have a distinct set of epistemic obligations—and even when a false belief doesn’t harm anyone, it constitutes an epistemically bad outcome. Moreover, Mill was profoundly mistaken about human psychology: human beings are vulnerable to the influence of a wide variety of false claims via a wide variety of psychological mechanisms. Consequently, there is a purely epistemic justification for restricting the distribution of misinformation: because each of us has an individual epistemic obligation to avoid unnecessary exposure to misinformation, and because avoiding such exposure is simply too difficult when acting alone, we all have a shared epistemic obligation to establish laws or regulations restricting the widespread distribution of misinformation. (shrink)

Metacognitive mental states are mental states about mental states. For example, I may be uncertain whether my belief is correct. In social discourse, an interlocutor’s metacognitive certainty may constitute evidence about the reliability of their testimony. For example, if a speaker is certain that their belief is correct, then we may take this as evidence in favour of their belief, or its content. This paper argues that, if metacognitive certainty is genuine evidence, then it is disproportionate evidence for extreme beliefs. (...) In support of the argument, we report findings from five studies with different participant samples, designs, and measures. These studies show that, the more extreme an agent’s belief (positive or negative), the more certain they are about it, and vice versa. This relationship might contribute to moralism, virtue signalling, and polarisation, which in turn may be epistemically and morally problematic. Therefore, we caution against taking metacognitive certainty as genuine evidence. (shrink)

Much attention has been devoted recently to cases where a controversial speaker is invited to speak on campus and subsequently some members of the university seek to have that speaker disinvited. Debates about such scenarios often blur together legal, normative, and empirical considerations. I seek to help clarify issues by separating key legal, normative, and empirical questions. Central to my examination is the idea of the university as a multi-forum institution—i.e. a complex public institution whose parts contain different types of (...) forums. I conclude that it is sometimes legally and normatively permissible (1) for universities to disinvite speakers, and (2) for students to seek to get speakers they consider unacceptable disinvited. I also suggest that my arguments sometimes extent to shouting down speakers. (shrink)

Public support for responses to the coronavirus pandemic has sharply diverged on partisan lines in many countries, with conservatives tending to oppose lockdowns, social distancing, mask mandates and vaccines, and liberals far more supportive. This polarization may arise from the way in which the attitudes of each side is echoed back to them, especially on social media. In this paper, I argue that echo chambers are not to blame for this polarization, even if they are causally responsible for it. They (...) are not to blame, because belief calibration in an echo chamber is a rational process; moreover, the epistemically constitutive properties of echo chambers are not optional for epistemically social animals like us. There is no special problem of echo chambers; rather, there is a problem of misleading evidence (especially higher-order evidence). Accordingly, we ought to respond to misinformation about COVID neither by attempting to dismantle echo chambers nor by attempting to make people more rational, but rather by attempting to supplant unreliable higher-order evidence with better evidence. (shrink)

Philosophical inquiry strives to be the unencumbered exploration of ideas. That is, unlike scientific research which is subject to ethical oversight, it is commonly thought that it would either be inappropriate, or that it would undermine what philosophy fundamentally is, if philosophical research were subject to similar ethical oversight. Against this, I argue that philosophy is in need of a reckoning. Philosophical inquiry is a morally hazardous practice with its own risks. There are risks present in the methods we employ, (...) risks inherent in the content of the views under consideration, and risks to the subjects of our inquiry. Likely, there are more risks still. However, by starting with the identification of these three risks we can demonstrate not only why an ethics of practice is needed but also which avenues are the most promising for developing an ethics for philosophical practice. Although we might be in the business of asking questions, we do not absolve ourselves of responsibility for the risks that inquiry incurs. (shrink)

The accusation of virtue signalling is typically understood as a serious charge. Those accused usually respond by attempting to show that they are doing no such thing. In this paper, I argue that we ought to embrace the charge, rather than angrily reject it. I argue that this response can draw support from cognitive science, on the one hand, and from social epistemology on the other. I claim that we may appropriately concede that what we are doing is virtue signalling, (...) because virtue signalling is morally appropriate. It neither expresses vices, nor is hypocritical, nor does it degrade the quality of public moral discourse. Signalling our commitment to norms is a central and justifiable function of moral discourse, and the same signals provide evidence that is appropriately taken into account in forming moral beliefs. (shrink)

In a post-truth era, taking seriously the assertions of political figures and what other people say on the internet strikes many as irrational and gullible. Let us call this reaction the “incredulous reaction.” In this paper, I consider a common response to the targets of the incredulous reaction: excluding them from activities like debate and discounting their beliefs as relevant to our own. This exclusion is motivated by the assumption that those who continue to place epistemic trust in a post-truth (...) society are acting irrationally. I begin with an argument that we can justifiably exclude irrational persons from our epistemic activities. I then present a conflict that emerges when we take the wellbeing of our epistemic community to be an end in and of itself, and not merely a means for pursuing other epistemic goods. I propose that healthy epistemic communities depend on networks of epistemic trust and on ensuring their members are treated with the epistemic respect they deserve. If we were to adopt the development of a healthy epistemic community as a goal, then excluding others may no longer be a justifiable choice. (shrink)

Public arguments can be good or bad not only as a matter of logic, but also in the sense that speakers can _do_ good or bad things with arguments. For example, hate speakers use public arguments to contribute to the subordination of their targets. But how can ordinary speakers acquire the authority to perform subordinating speech acts? This is the ‘Authority Problem’. This paper defends a solution inspired by McGowan’s (Australas J Philos 87:389–407, 2009) analysis of oppressive speech, including against (...) concerns raised by McGowan (Just words: On speech and hidden harm, Oxford University Press, Oxford, 2019) herself. A _deflated_ kind of authority can be gained from the hate speaker’s standing in a norm-governed ‘activity of oppression’. We should be wary about engaging with such speakers in public argument. Even if we counter their arguments, we may still elevate their standing within that activity and so enable them to perform more pernicious speech acts than was previously possible. (shrink)

The central focus of this paper is to motivate and explore the question, when is it permissible to endorse a psychologizing explanation of a sincere interlocutor? I am interested in the moral question of when (if ever) we may permissibly dismiss the sincere reasons given to us by others, and instead endorse an alternative explanation of their beliefs and actions. I argue that there is a significant risk of wronging the other person, and so we should only psychologize when we (...) are in a position to know that they are in bad faith. (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)

Libertarian paternalism is a weak form of paternalism that recommends nudges rather than bans, restrictions, or other strong interventions. Nudges influence people’s choice by modifying contextual factors (the “choice architecture”). This paper explores the possibility of an epistemic analogue of libertarian paternalism. What I call “epistemic libertarian paternalism” is a weak form of epistemic paternalism that recommends “epistemic nudges” rather than stronger paternalistic interventions. Epistemic nudges influence people’s beliefs and judgments by modifying contextual factors (the “epistemic choice architecture”). The main (...) aim of this paper is to defend epistemic libertarian paternalism from the “irrationality problem”, which I take to be the most urgent problem for epistemic libertarian paternalism; given how epistemic nudges work (i.e. they typically co-opt psychological biases), nudged beliefs are irrational. In response to the irrationality problem, I admit that nudged beliefs are often (not always, though) irrational, but insist that there are conditions in which epistemic nudging can be justifiable nonetheless. I will propose two conditions that are jointly sufficient for justifiable epistemic nudging: “Veridicality Condition” (which says that nudged beliefs are more likely to be true than non-nudged beliefs) and “Not-More-Irrationality Condition” (which says that nudged beliefs are not more likely to be irrational than non-nudged beliefs). (shrink)

Much of the popular debate that surrounds no platforming centres on its putatively corrosive impact on free speech. This is apt to give a misleading picture of the particular puzzle that no platforming presents. Focusing on the university specifically, I contend that no platforming is distinctively objectionable not because it necessarily runs counter to general free speech values but when and because it is inconsistent with principles of academic freedom. This is because it conflicts with the status of members of (...) the academy as those with the legitimacy to determine the appropriate bounds of free inquiry within the university. No platforming is objectionable insofar as it undercuts the authority of academic faculty in determining which speech, and by whom, is consistent with its purpose as an academic institution. Existing debates over no platforming have been too focused on which views are (or are not) given a platform and insufficiently attentive to the question of who decides who or what to platform. On the view defended here, no platforming by students is objectionable because, under principles of academic freedom, they should not be included in the constituency with the right to constrain the platforming of others. (shrink)

‘No-platforming’—the practice of denying someone the opportunity to express their opinion at certain venues because of the perceived abhorrent or misguided nature of their view—is a hot topic. Several philosophers have advanced epistemic reasons for using the policy in certain cases. Here we introduce epistemic considerations against no-platforming that are relevant for the reflection on the cases at issue. We then contend that three recent epistemic arguments in favor of no-platforming fail to factor these considerations in and, as a result, (...) offer neither a conclusive justification nor strong epistemic support for no-platforming in any of the relevant cases. Moreover, we argue that, taken together, our epistemic considerations against no-platforming and the three arguments for the policy suggest that no-platforming poses an epistemic dilemma. While advocates and opponents of no-platforming alike have so far overlooked this dilemma, it should be addressed not only to prevent that actual no-platforming decisions create more epistemic harm than good, but also to put us into a better position to justify the policy when it is indeed warranted. (shrink)

In this paper, I criticize two recent and influential arguments for no-platforming advanced by Robert Simpson and Amia Srinivasan and by Neil Levy, respectively. What both arguments have in common is their attempt to reconcile no-platforming with liberal values. For Simpson and Srinivasan, no-platforming does not contradict liberalism if grounded on the distinction between norms of free speech and norms of academic freedom; for Levy, those who defend the practice need not be accused of promoting paternalism. I argue that neither (...) view succeeds: these authors’ views are in strong tension with core tenets of liberalism. I proceed as follows: after introducing some basic liberal principles, I explain Simpson and Srinivasan’s argument in more detail and argue that it is too strong for some their stated purposes; then I proceed to show that both Simpson and Srinivasan and Levy’s arguments would justify extremely closed universities; finally, after arguing that Levy’s stance does not circumvent paternalism, I present some evidence that no-platforming would be captured by censors and probably threaten the very academic freedom that the authors want to protect. (shrink)