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 chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...) in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...) argues that five notions from philosophy of law and legal practice—liability, burden of proof, legal causation, mens rea, and reasoning by precedent—can be adapted to provide an attractive moral framework for determining whether an author’s work causes harm, whether and how culpable the author is for causing such harm, steps authors may take to immunize themselves from culpability, and how to responsibly develop new rules for publishing ethics. (shrink)

Mill didn't resolve this puzzle: if prostitution must be tolerated according to his principle of liberty as it doesn't non-consensually harm others, why punish the accessory – the pimp? Yet in On Liberty's passage on pimps (CW 18:296–7) Mill seriously considers restricting pimps’ speech for reasons other than preventing harm: pimps’ speech undermines decisional autonomy for purposes the state regards as immoral, and in response the state may use coercion to counteract such immoral influences. In light of this, I argue (...) that we need to rethink the standard view that Mill opposes restrictions on speech that does not harm others. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the circumstances of (...) transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 515-529, May 2022. Much of the recent literature on freedom of speech has focused on the arguments for and against the regulation of certain kinds of speech. Discussions of hate speech and offensive speech, for example, abound in this literature, as do debates concerning the permissibility of pornography. Less attention has been paid, however, at least recently, to the normative foundations of freedom of speech where three classic justifications still prevail, based (...) on the values of truth, autonomy and democracy. In this paper we argue, first, that none of these justifications meet all four intuitive desiderata for an adequate theory of free speech. We go on to sketch an original relational view of free speech, one which grounds its value in the recognition that speakers grant each other when engaging in speech practices, and its limits in the republican ideal of non-dominated co-exercisable liberty. We briefly illustrate the relational approach’s implications for the debate on hate speech regulation and for the response to fake news. (shrink)

In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...) and normative frameworks from free speech theory can be used to help extend the argument for regulating dangerous dual-use research beyond overly simplistic cost-benefit reasoning, but without reverting to an implausibly absolutist view of scientific autonomy. (shrink)

This chapter sets out John Rawls’s conception of autonomy and considers the role that it plays in his thought across A Theory of Justice and Political Liberalism. I suggest that one distinctive but overlooked feature of this conception is that it takes seriously the threat to autonomy that arises from how individuals are shaped by their social and political institutions. After setting out this conception and tracing its connections to wider discussions of autonomy, I argue for two main conclusions. First, (...) that despite appearances to the contrary, Rawls’s autonomy-based commitments are broadly speaking consistent across his two main works. Second, that these autonomy-based commitments are not in fact disbarred from playing a grounding role in Political Liberalism. On the contrary, I suggest that Rawls’s conception of autonomy motivates his aim of finding principles of justice that can be stable, and that this in turn illuminates his later commitment to a political liberalism. (shrink)

Philosophers who publish articles that make practical ethical recommendations are thereby offering advice. I consider what obligations they incur in advising. I analyse the giving of advice as a communicative act whose defining and characteristic aim is to secure acceptance of what is advised. Such advice need not be solicited or taken up. I distinguish advice from incitement and threats and specify the scope of the adviser's responsibility for others acting upon the advice. I explore how advice can be bad (...) in how it is given and what is given. I consider, and criticise, various pleas for exemption from the responsibilities of philosophical advising: that advice was not meant; that it wouldn't make any difference anyway; and that the writing was not for those who might act on it. I examine the offering of philosophical advice to policy makers, comparing the views on this of Mary Warnock and Dan Brock. I conclude by asking practical normative philosophers to consider what they should do inasmuch as they are advising. (shrink)

Neo-Kantian philosophers see accountability as a key property of autonomy, or of social freedom more broadly. Autonomy, among those theorists, is, I contend, implicitly co-conceived with responsibility, producing a quasi-juridical conception of autonomy and a limiting notion of freedom. This article criticizes the connecting of freedom with accountability on a number of grounds. First, various conceptions of autonomy not only operate without a notion of accountability, but, in fact, would be impaired by an accountability requirement. Second, the neo-Kantians are unable (...) to defend the freedom enhancing properties that are supposedly brought about by the giving of reasons for one’s beliefs and actions. Third, the project of accountability is indifferent to personal outlooks, not because it takes a holistic perspective, but because of its interest in social convergence. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral environment (...) of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...) unlimited moral rights. In Part 1 I explore the value of the freedoms of thought and expression. In Part 2 I argue against the unlimited moral right to free expression, focusing in particular on the special obligations and moral constraints that obtain for academics. In Part 3 I argue against the unlimited moral right to free thought. (shrink)

Anonymity promotes free speech by protecting the identity of people who might otherwise face negative consequences for expressing their ideas. Wrongdoers, however, often abuse this invisibility cloak. Defenders of anonymity online emphasise its value in advancing public debate and safeguarding political dissension. Critics emphasise the need for identifiability in order to achieve accountability for wrongdoers such as trolls. The problematic tension between anonymity and identifiability online lies in the desirability of having low costs (no repercussions) for desirable speech and high (...) costs (appropriate repercussions) for undesirable speech. If we practice either full anonymity or identifiability, we end up having either low or high costs in all online contexts and for all kinds of speech. I argue that free speech is compatible with instituting costs in the form of repercussions and penalties for controversial and unacceptable speech. Costs can minimise the risks of anonymity by providing a reasonable degree of accountability. Pseudonymity is a tool that can help us regulate those costs while furthering free speech. This article argues that, in order to redesign the Internet to better serve free speech, we should shape much of it to resemble an online masquerade. (shrink)

Many argue that consumers possess a “right to know” when products contain ingredients derived from genetically modified organisms, on the grounds that it would protect consumer autonomy. In this paper, I critically evaluate that claim. I begin by providing a version of the “consumer autonomy” argument, showing that its success relies on ambiguities in the notion of autonomy. I then distinguish four approaches to autonomy and articulate the circumstances under which they would support active disclosure of a product property. I (...) argue that none of these conceptions would support active disclosure of the presence of ingredients derived from genetically modified organisms. (shrink)

This essay considers some central arguments given by Helen Frowe and Seth Lazar regarding the permissibility of killing civilians in war. It raises some objections to their views and defends some alternative bases for weighing harms to combatants against harms to civilians.

I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...) Second, it facilitates efforts to combat hatred by revealing which prejudiced members of society must be persuaded or discredited by those seeking to promote tolerance. (shrink)

Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...) symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...) efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (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)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (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 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 (...) the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

Political liberals argue that the classical conception of autonomy must be discarded because it is sectarian and metaphysical. This article rejects that a commitment to autonomy necessarily leads to sectarianism and questions the notion that respect for persons is separable from the commitment to autonomy. It defends a Kantian approach to autonomy, as belonging to the standpoint of practical reason, and argues that in this approach autonomy is a norm regulating how we should treat each other as opposed to a (...) good to be promoted. This approach also avoids the metaphysical idea of autonomy as self-origination of binding principles. (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)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Whether the US Constitution guarantees a right to conduct scientific research is a question that has never been squarely addressed by the United States Supreme Court. Similarly, the extent to which the First Amendment protects the right to communicate the results of scientific research is an issue about which there is scant judicial authority. This article suggests that a crucial guidepost for exploring both these uncharted areas of constitutional law should be whether restrictions on scientific research or communication truly implicate (...) fundamental individual rights or instead primarily concern issues of general social welfare—issues that in a democracy are properly decided by the representative branches of government or their delegates, not by the judiciary. (shrink)

I propose a set of distinctions that demarcate the structure that I consider suitable for the study and determination of the true value of the thesis of conceptual incompatibility between authority and autonomy. I begin with an analysis of the standard conception of authority, i.e., correlativism. I distinguish two versions: the epistemic and the voluntarist. Then I offer an analysis of two conceptions of moral autonomy: self-legislation and self-judgment. I conclude by remarking that we should distinguish two different versions of (...) the conceptual incompatibility thesis: a) the conflict is unsolvable because moral autonomy requires that we always be the authors of the norms we have to obey, while the authority claims that its will is a source of such standards; and b) the conflict is unsolvable because moral autonomy requires that we always judge for ourselves what categorical reasons should guide our action and that we act accordingly. Authority, on the contrary intends that we rest on its judgment and give up acting on our own. (shrink)

We have found that a sparse version of the claim that alienated labor is a bad thing can inform a political morality without turning that morality into one which makes more comment on people's ends than the liberal can accept. We have also seen that a modification of the ideas of alienation from our species being can play a limited role in a liberal political morality, but that the rational kernel of the critique from species alienation is already a familiar (...) part of the liberal tradition. However, the substantive view of the good life - as one which essentially involves engagement in communal ties and satisfying labor - cannot play the role which certainly many Marxists would like it to play in their critique of capitalism, at least if their critique is to be recognizably liberal. Why should it matter so much that Marxists be able to accommodate central liberal insights? It is not because a political morality has to be liberal in order to be successful in the real world: history and the contemporary world are full of examples of political views which command wide assent despite (or because of) their illiberality. But the foreseeable stages of a socialist society will be plagued by the circumstances of justice as they have been classically conceived. A socialism which is sufficiently better than capitalism to be worth the significant risk and sacrifice it is likely to require must be liberal in the sense that it can be regarded as defensible to each person who is actually subject to it. This does not require that it accommodate the greed of the greedy or the injustice of the unjust. But it does require that it not presume the unworthiness of the moral commitments of its reasonable citizens. 47. (shrink)

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)

Most Western democracies and international institutions have currently adopted a range of policies aimed at regulating hate speech. However, the kinds of target groups that hate speech regulations seek to protect have not been clearly defined yet. In a series of publications, Eric Heinze has challenged the coherence of such regulations. His core thesis is that hate speech laws have simply no place in longstanding, stable, and prosperous democracies. In this paper, I examine the three main charges Heinze raises against (...) hate speech laws—namely, discriminatory selectivity, impermissible censorship, and arbitrariness—and I seek to demonstrate that none of them can withstand critical analysis. (shrink)

While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of content to (...) consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy. (shrink)

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 (...) the dignity of those whom they attack. I suggest instead that a central part of the harm of hate speech is that it assaults our self-respect. The reasons to respect oneself are moral reasons which can be shared with others, and individuals have moral reasons to respect themselves for their agency, and their entitlements. Free speech is interpreted not as an individual liberty, but as a collective enterprise which serves the interests of speakers and the receivers of speech. I argue that hate speech undermines the self-respect of its targets in both the agency and entitlement dimensions, and claim, moreover, that this is a direct harm which cannot be compensated for by other sources of self-respect. I further argue that hate speakers have no basis to respect themselves qua their hate speech, as self-respect is based on moral reasons. I conclude that self-respect, unlike dignity, is sufficient to explain the harm of hate speech, even though it may not be necessary to explain its wrongness. (shrink)

Autonomy is increasingly rejected as a fundamental principle by liberal political theorists because it is regarded as incompatible with respect for diversity. This article seeks, via an analysis of the Danish cartoon controversy, to show that the relationship between autonomy and diversity is more complex than often posited. Particularly, it asks whether the autonomy defense of freedom of expression encourages disrespect for religious feelings. Autonomy leads to disrespect for diversity only when it is understood as a character ideal that must (...) be promoted as an end in itself. If it by contrast is understood as something we should presume everyone possesses, it provides a strong basis for equal respect among people from diverse cultures. A Kantian conception of autonomy can justify the right to freedom of expression while it at the same time requires that we in the exercise of freedom of expression show respect for others as equals. (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)

The risk that direct-to-consumer advertising of prescription pharmaceuticals (DTCA) may increase inappropriate medicine use is well recognized. The U.S. Food and Drug Administration addresses this concern by subjecting DTCA content to strict scrutiny. Its strictures are, however, heavily focused on the explicit claims made in commercials, what we term their “propositional content.” Yet research in social psychology suggests advertising employs techniques to influence viewers via nonpropositional content, for example, images and music. We argue that one such technique, evaluative conditioning, is (...) operative in DTCA. We further argue that evaluative conditioning fosters unjustified beliefs about drug safety and efficacy, antagonising the autonomy of viewers’ choices about advertised medicines. We conclude that current guidelines are deficient in failing to account for evaluative conditioning, and that more research and debate are needed to determine the permissibility of this and other forms of nonpropositional persuasion. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

In this essay, I reconstruct tolerance as a moral virtue, by critically analysing its definition, circumstances, justification and limits. I argues that, despite its paradoxical appearance, tolerance qualifies as a virtue, by means of a restriction of its proper object to differences that are chosen. Since this excludes the most important and divisive differences of contemporary pluralism from the scope of the virtue of tolerance, the moral model of toleration cannot constitute the micro-foundation of the corresponding political practice. However, if (...) the political ideal of toleration must be founded on independent political reasons of justice, the moral model can bridge the gap between private morality and public reason, providing citizens with moral motives to supplement the political obligation to neutrality. (shrink)

Two prejudices have hampered our understanding of John Stuart Mill’s central argument for free speech. One prejudice is that arguments for free speech can only be made in terms of values or rights. This prejudice causes us to miss the depth of Mill’s argument. He does not argue that silencing speech is harmful or violates rights, but instead that silencing speech is a uniquely self-undermining act; it undermines the ground upon which it is based. But even if we overcome this (...) prejudice and appreciate the self-undermining character of Mill’s argument, the prejudice that epistemic justification is a completable task blinds us to the role of open-mindedness in his argument; and failing to see this leads us to wrongly conclude that his argument is invalid. It is only once we have overcome both prejudices that we can appreciate the depth and power of Mill’s argument for free speech. (shrink)

In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the “mere interest” view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of (...) this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims. (shrink)

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...) their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)