Religiously offensive speech, i.e. speech that offends members of religious groups, especially religious minorities, is on the rise in western liberal democracies, particularly following the recent wave of right-wing populism in the UK, the US and beyond. But when is such speech wrongful? This paper argues that the wrongfulness of some religiously offensive speech does not depend on some intrinsic feature of it, or on the subjective reaction of its targets. Instead, such wrongfulness depends on the fact that religiously offensive (...) speech normally takes place against the background of enduring social injustices suffered by certain minorities, for example religious discrimination. In that context, we argue, religiously offensive speech is wrongful when it disables its victims from maintaining an adequately respectful relationship to themselves, and sets back their freedom through domination. Recognizing the wrongfulness of some religiously offensive speech, however, need not entail endorsing its legal regulation all things considered. The paper therefore illustrates different available forms of intervention, ranging from civil law action to state support for the victims of such speech and long-term programmes of citizenship education. (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)

An objection frequently brought against critical or satirical expressions, especially when these target religions, is that they are ‘offensive’. In this article, I indicate why the existence of diverse and conflicting beliefs gives people an incentive to formulate their complaints in the language of offence. But I also cast doubt on whether people, in saying they are offended really mean to present that as the foundation of their complaint and, if they do, whether their complaint should weigh with us. These (...) doubts do not apply to everything we might find offensive; in particular, they do not apply to simple cases of ‘sensory offence’; but they do apply to ‘belief-based offence’. Relying on offence also implies, inequitably, that different faiths should be differently protected depending on their susceptibility to offence; and the faithful themselves should worry about the flimsiness of claims based on ‘bare knowledge’ offence. I propose a principle of respect for beliefs as a differently grounded and more plausible reason for curbing our treatment of others’ beliefs. However, that principle has a limited compass and is hemmed in by the claims of free expression. It is also less suited to dictating the content of law than to influencing our conduct within the law. (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)