This paper presents a new version of the democratic argument for the freedom of expression that has the resources to give a plausible reply to the perennial objection—ordinarily considered fatal—that such accounts fail to deliver protections for abstract art, instrumental music, and lots of other deserving nonpolitical speech. The argument begins with the observation that there are different things that a free speech theory might aim to accomplish. It will hope to justify a right to free speech, of course, with (...) a particular scope and shape, but that right might be a moral right, an ordinary legal right, or a specifically constitutional right. The new version of the argument—the refined argument from democracy—aims to justify a specifically constitutional right to political speech, administered by strong-form judicial review. The democracy theorist can accommodate the intuition that abstract art deserves protection by agreeing that we have a moral right, and probably ought to have an ordinary legal right, to produce and view abstract art. She must only insist that abstract art should not be protected by a specifically constitutional right administered by strong-form judicial review. Not because abstract art does not deserve constitutional protection, but because, on this view, whether a particular right ought to be enshrined in the constitution and administered by judicial review is not solely a matter of the importance of the right or the value of the interests it protects. (shrink)

In this paper, I argue that the ‘social meanings’ associated with sociolinguistic variation put pressure on the standard philosophical conception of language, according to which the foremost thing we do with words is exchange information. Drawing on parallels with the explanatory challenge posed by slurs and pejoratives, I argue that the best way to understand social meanings is to think of them in speech act theoretic terms. I develop a distinctive form of pluralism about the performances realized by means of (...) sociolinguistic variants, and I claim that engagement with such performances is an utterly pervasive feature of our linguistic activity. (shrink)

According to an influential view, asserting a proposition involves undertaking some “commitment” to the truth of that proposition. But accounts of what it is for someone to be committed to the truth of a proposition are often vague or imprecise, and are rarely put to work to define assertion. This article aims to fill this gap. It offers a precise characterisation of assertoric commitment, and applies it to define assertion. On the proposed view, acquiring commitment is not sufficient for asserting: (...) To assert, commitment must be acquired by explicitly presenting a proposition as true. (shrink)

(OPEN ACCESS) This paper establishes moral duties for intermediaries of political advertising in election campaigns. First, I argue for a collective duty to maintain the democratic quality of elections which entails a duty to contain some forms of political polarization. Second, I show that the focus of campaign ethics on candidates, parties and voters—ignoring the mediators of campaigns—yields mistaken conclusions about how the burdens of the latter collective duty should be distributed. Third, I show why it is fair to require (...) intermediaries to contribute to fulfilling this duty: they have an ultimate filtering position in the campaign communication process and typically benefit from political advertising and polarization. Finally, I argue that a transparency-based ethics of campaign advertising cannot properly accommodate a concern with objectionable polarization. By contrast, I outline the polarization-containing implications of my account, including a prohibition on online targeted advertising, and intermediaries’ duties to block hateful political advertising. (shrink)

According to one influential argument put forward by, e.g. Chisholm and Feehan, Pfister, Meibauer, Dynel, Keiser, and Harris, asserting requires intending to give your hearer a reason to believe what you say (first premise) and, because liars must assert what they believe is false (second premise), liars necessarily intend to cause their hearer to believe as true what the liars believe is false (conclusion). According to this argument, that is, all genuine lies are intended to deceive. ‘Lies’ not intended to (...) deceive are not genuine lies because they do not involve assertions and you need to assert in order to lie. In this paper, I reject this argument by arguing that the first premise is false: intending to give your hearer a reason to believe what you say is not necessary for asserting. (shrink)

A group is lying when it makes a statement that it believes to be untrue but wants the addressee(s) to believe. But how can we distinguish statements that the group believes to be untrue from honest group statements based on mistaken beliefs or confusion within the group? I will suggest a narrative constraint for honest group statements, made up of two components. Narrative coherence requires that a new group statement should not conflict with group knowledge on the matter, or beliefs (...) of relevant operative subgroups, unless a coherent rationale is given. Narrative intention looks at the process of gathering new evidence on the area of expertise of the group and requires that the group position behind the statement is formed in good faith. The narrative constraint will help to distinguish group lies from more innocent erroneous statements of group beliefs when there is an internal disagreement within the group, including in cases involving spokespersons. (shrink)

Policy-makers often rely on scientists to inform their decisions. When advising policy-makers, what should scientists say? One view says that scientists ought to say what they have a high credence in. Another view says that scientists ought to say what they expect to lead to good policy outcomes. We explore a third view: scientists ought to say what they expect to make the policy-makers’ credences accurate.

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)

Hypocrisy seems to be a distinctive moral wrong. This thesis offers an account of that wrong. The distinctive wrong of hypocrisy is not a rational failing, or a deception of others. It is a problem in how we critique, and blame, others, when we ourselves are guilty of similar faults. Not only does it seem wrong to blame others hypocritically; it is also widely remarked that hypocrites ‘lack standing’ to blame. I defend both judgments. When we engage others in response (...) to wrongdoing, there is both instrumental and non-instrumental value in ensuring that those who face similar moral predicaments reason about these predicaments, and the appropriate responses to them, together. Hypocrisy is wrong because it hampers our ability to realise that value. And hypocrites lose standing to blame for a similar reason. Standing depends on the value of particular people engaging in an accountability procedure together, a value which the hypocrite forestalls, by failing to acknowledge wrongdoing in the course of blaming. This account of a duty to blame non-hypocritically helps unpack the relationship between hypocrisy and a range of other defects in a person’s standing. It also responds to a central sceptical challenge to the wrongness of hypocritical blaming. The challenge is that accurate hypocritical blaming can’t be wrong because it is morally good, and indeed is morally better than not blaming others at all. My response: hypocritical blaming is wrong, not because it is morally worse than not blaming at all, but because it is second-best, i.e. worse than non-hypocritical blaming, which enables mutual deliberation about wrongdoing. (shrink)

Mill thinks our attitudes should be held in a way that’s active and ‘alive’. He believes attitudes that lack these qualities—those held dogmatically, or in unreflective conformity—are inimical to our well-being. This claim then serves as a premiss in his argument for overarching principles of liberty. He argues that attitudinal vitality, in the relevant sense, relies upon people experiencing attitudinal conflict, and that this necessitates a prioritization of personal liberties. I argue that, pace Mill, contestation isn’t required for attitudinal vitality. (...) I describe one species of attitudinal vitality that isn’t reliant upon conflict. (shrink)

In a recent book (_Lying and insincerity_, Oxford University Press, 2018), Andreas Stokke argues that one lies iff one says something one believes to be false, thereby proposing that it becomes common ground. This paper shows that Stokke’s proposal is unable to draw the right distinctions about insincere performative utterances. The objection also has repercussions on theories of assertion, because it poses a novel challenge to any attempt to define assertion as a proposal to update the common ground.

Communicative practices in online and social media sometimes seem to amplify political conflict, and result in significant harms to people who become the targets of collective outrage. Many complaints that have been made about political correctness in the past, we argue, amount to little more than a veiled expression of resentment over the increasing influence enjoyed by progressive activists. But some complaints about political correctness take on a different complexion, in light of the technologically-driven changes to our communicative practices and (...) political discourse. Given the ways in which they are entangled in these new forms of online communication, well-meaning attempts to police the norms of political correctness may end up contributing to individual wrongs, or to destructive social patterns. In this paper we examine these worries, situate them in a broader sociological context, and offer some tentative proposals about how they might be addressed. (shrink)

As inductive decision-making procedures, the inferences made by machine learning programs are subject to underdetermination by evidence and bear inductive risk. One strategy for overcoming these challenges is guided by a presumption in philosophy of science that inductive inferences can and should be value-free. Applied to machine learning programs, the strategy assumes that the influence of values is restricted to data and decision outcomes, thereby omitting internal value-laden design choice points. In this paper, I apply arguments from feminist philosophy of (...) science to machine learning programs to make the case that the resources required to respond to these inductive challenges render critical aspects of their design constitutively value-laden. I demonstrate these points specifically in the case of recidivism algorithms, arguing that contemporary debates concerning fairness in criminal justice risk-assessment programs are best understood as iterations of traditional arguments from inductive risk and demarcation, and thereby establish the value-laden nature of automated decision-making programs. Finally, in light of these points, I address opportunities for relocating the value-free ideal in machine learning and the limitations that accompany them. (shrink)

In the dissertation, I consider the permissibility of a familiar set of responses to wrongdoing in our interpersonal relationships—those responses that constitute the imposition of some cost upon the wrongdoer. Some of these responses are, I argue, properly considered punishing, and some of these instances of punishing are in turn permissible. Punishment as I understand it is a broad phenomenon, common in and to all human relationships, and not exclusively or even primarily the domain of the state. Personal interactions expressive (...) of wrong-reactive attitudes like disappointment, anger, and guilt will sometimes constitute punishment so understood. I consider childhood punishment, self-punishment, and punishment between friends, concluding that punishment in the context of our personal relationships may sometimes be appropriate where undertaken not for the sake of deterrence nor of retributive justice, but for the sake of the aims constitutive of the relationship in which it occurs. (shrink)

Shills are people who endorse products and companies for pay, while pretending that their endorsements are ingenuous. Here we argue that there is something objectionable about shilling that is not reducible to its bad consequences, the lack of epistemic conscientiousness it often relies upon, or to the shill’s insincerity. Indeed, we take it as a premise of our inquiry that shilling can sometimes be sincere, and that its wrongfulness is not mitigated by the shill’s sincerity, in cases where the shill (...) is sincere. Our proposal is that the shill’s defining characteristic is their knowingly engaging in a kind of speech that obscures a certain aspect of its social status – most commonly, by pretending to speak on their own personal behalf, while in fact speaking as an employee – and that this sort of behaviour is objectionable irrespective of any other features of the shill’s conduct. This sort of obfuscation undermines a socially beneficial communicative custom, in which we conscientiously mark the distinction between personal speech and speech-for-hire. (shrink)

An important moral category—dishonest speech—has been overlooked in theoretical ethics despite its importance in legal, political, and everyday social exchanges. Discussion in this area has instead been fixated on a binary debate over the contrast between lying and ‘merely misleading’. Some see lying as a distinctive wrong; others see it as morally equivalent to deliberately omitting relevant truths, falsely insinuating, or any other species of attempted verbal deception. Parties to this debate have missed the relevance to their disagreement of the (...) notion of communicative dishonesty. Communicative dishonesty need not take the form of a lie, yet its wrongness does not reduce to the wrongness of seeking to deceive. This paper therefore proposes a major shift of attention away from the lying/misleading debate and towards the topic of communicative dishonesty. Dishonesty is not a simple notion to define, however. It presupposes a difficult distinction between what is and is not expressed in a given utterance. This differs from the more familiar distinction between what is and is not said, the distinction at the heart of the lying/misleading debate. This paper uses an idea central to speech act theory to characterize dishonesty in terms of the utterer’s communicative intentions, and applies the resulting definition to a variety of contexts. (shrink)

How can we disagree with a bald-faced liar? Can we actively disagree if it is common ground that the speaker has no intent to deceive? And why do we disapprove of bald-faced liars so strongly? Bald-faced lies pose problems for accounts of lying and of assertion. Recent proposals try to defuse those problems by arguing that bald-faced lies are not really assertions, but rather performances of fiction-like scripts, or different types of language games. In this paper, I raise two objections (...) to the fictionalist view, and then offer an analysis of how we disagree with bald-faced liars. I conclude that bald-faced lies are assertions, and that in pronouncing a bald-faced lie, the speaker tries to make it common ground that the assertion was in good standing qua assertion. (shrink)

This article argues that bullshit is not an offense against truth but against reason. It maintains that bullshit occurs when speakers intentionally assert vague premises to make listeners accept their conclusions. This redefinition, I suggest, has consequences on the moral appraisal of bullshit.

This chapter explores the prospects for justifying the somewhat widespread, somewhat firmly held sense that there is some moral advantage to untruthfully implicating over lying. I call this the "Difference Intuition." I define lying in terms of asserting, but remain open about what precise definition best captures our ordinary notion. I define implicating as one way of meaning something without asserting it. I narrow down the kind of untruthful implicating that should be compared with lying for purposes of evaluating whether (...) there is a moral difference between them. Just as lying requires a robust form of assertion, so the kind of untruthful implicating to be compared with lying requires a robust form of implicating. Next, I set out various ways of sharpening the Difference Intuition and survey a range of approaches to justifying one class of sharpenings. I finish by sketching an approach to justifying an alternative sharpening of the Difference Intuition, which is inspired by John Stuart Mill's discussion of lying. (shrink)

People sometimes try to call others’ beliefs into question by pointing out the contingent causal origins of those beliefs. The significance of such ‘Etiological Challenges’ is a topic that has started attracting attention in epistemology. Current work on this topic aims to show that Etiological Challenges are, at most, only indirectly epistemically significant, insofar as they bring other generic epistemic considerations to the agent’s attention. Against this approach, we argue that Etiological Challenges are epistemically significant in a more direct and (...) more distinctive way. An Etiological Challenge prompts the agent to assess whether her beliefs result from practices of indoctrination, and whether she should reduce confidence in those beliefs, given the anti-reliability of indoctrination as a method of belief-acquisition. Our analysis also draws attention to some of the ways in which epistemic concerns interact with political issues—e.g. relating to epistemic injustice, identity-based discrimination, and segregation—when we’re thinking about the contingent causal origins of our beliefs. (shrink)

Survey of different definitions of lying and deceiving, with an emphasis on the contemporary debate between Thomas Carson, Roy Sorensen, Don Fallis, Jennifer Saul, Paul Faulkner, Jennifer Lackey, David Simpson, Andreas Stokke, Jorg Meibauer, Seana Shiffrin, and James Mahon, among others, over whether lies always aim to deceive. Related questions include whether lies must be assertions, whether lies always breach trust, whether it is possible to lie without using spoken or written language, whether lies must always be false, whether lies (...) that are unsuccessful are still lies, and whether deception must aim at creating false beliefs as opposed to preventing people from acquiring true beliefs. (shrink)

This chapter investigates the conflict between thought and speech that is inherent in lying. This is the conflict of saying what you think is false. The chapter shows how stubbornly saying what you think is false resists analysis. In traditional analyses of lying, saying what you think is false is analyzed in terms of saying something and believing that it is false. But standard cases of unconscious or divided belief challenge these analyses. Classic puzzles about belief from Gottlob Frege and (...) Saul Kripke show that suggested amendments involving assent instead of belief do not fare better. I argue that attempts to save these analyses by appeal to guises or Fregean modes of presentation will also run into trouble. I then consider alternative approaches to untruthfulness that focus on (a) expectations for one’s act of saying/asserting and (b) the intentions involved in one’s act of saying/asserting. Here I introduce two new kinds of case, which I call “truth serum” and “liar serum” cases. Consideration of these cases reveals structural problems with intention- and expectation-based approaches as well. Taken together, the string of cases presented suggests that saying what you think is false, or being untruthful, is no less difficult and interesting a subject for analysis than lying itself. Tackling the question of what it is to say what you think is false illuminates ways in which the study of lying is intertwined with fundamental issues in the nature of intentional action. (shrink)

I argue that there are instances in which lying to an innocent and generally competent person respects her autonomy, contrary to arguments by Christine Korsgaard and Onora O’Neill. These authors say that respect for a person’s autonomy requires treating her in a way consistent with the possibility of consent, but I contend that the possibility of consent condition is unworkable. I maintain that lying can respect individual autonomy when being truthful to a person undermines her choices and lying gets her (...) what she would reasonably see herself as having most reason to choose in the circumstances. I make my case by reflecting on lying invitations to a surprise party and on negotiation phenomena. (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)

I propose an account of how our forward-looking moral and epistemic responsibility practices arose, how they related to backward-looking responsibility practices, and what makes them stable. This account differs in several ways from prominent theories already in the literature. Traditionally, forward-looking accounts of responsibility are framed third-personally in terms of social control and neglect the perspective and agency of the responsible person. The account I develop allows that there are third-personal, control-based aspects of our responsibility practices, but it also makes (...) room for the first-personal perspective of the responsible agent and emphasizes the role of partner choice and cooperative planning and action. Whereas existing research focuses on forward-looking accounts of the practice of holding others responsible, I offer an account of forward-looking practices of taking responsibility and assigning responsibility. I hope thereby to provide a richer and more plausible framework in which to think about responsibility and our practices related to it. (shrink)

In the philosophy of liberalism, freedom of speech is one of the fundamental rights of the individual, one that is guaranteed by the constitution of a liberal democratic state. Contemporary Western democracies are based on the political culture in which human rights, including the right to free speech, play an important role. This right, however, can be violated by demagogic propaganda both in totalitarian regimes and in democracies. The propaganda mechanism, reaching into the sphere of community values and concepts, presently (...) operates also through the Internet, in which expressions of anger and hatred are disseminated and can lead to the destruction of democracy. I will argue that, in today’s world, restrictions on the freedom of speech through legal norms are necessary, because the threat comes not only in the form of censorship, but also the manipulation techniques used by politicians in democratic regimes. Advances in modern technology can be of service to dictatorship when the media and the Internet are used for propaganda or surveillance purposes, but they also provide a support to freedom and democracy when they serve as the means of the transmission of reliable information, initiating public discussions. As such, they establish a framework for rational debates and peaceful activities that contribute to the maintenance of the democratic political culture. The basic elements of this culture, i.e. legal rules, pluralist media, and education systems are all necessary for the defence of its core value, namely the freedom of speech. (shrink)

I’m grateful to Professors Langton and Owens for their probing comments and to Mind for providing the occasion for this exchange. Both Langton and Owens helpfully push me to tackle interesting problems that I did not wrestle with in the book. I am game to try to answer them, but some of my responses are tentative and roughly hewn, offered more in the spirit of exploratory conversation than firm conviction.

Suppose you assert a proposition p that you falsely believe to be false with the intention to deceive your audience. The standard view has it that you lied. This paper argues against orthodoxy: deceptive lying requires that p be in actual fact false, in addition to your intention to deceive by means of untruthfully asserting that p. We proceed as follows. First, an argument is developed for such falsity condition as the non-psychological component of lying. The problem with the standard (...) view, we profess, is exactly that lying is a purely psychological relation between disbelief, assertion, and intention. Then, by scrutinising familiar cases, we revisit the alleged intuitive support for the existence of true lies. It turns out these intuitions can be explained away once we reflect on the characteristic deceptive hallmarks that are associated with the distinction between lying and botched attempts at lying. Finally, we examine the morality of lying in the light of said falsity condition. The resultant view emphasises our moral sensitivity to the practical consequences of acts of lying, while still accommodating those moral considerations that pertain exclusively to the psychological components of lying. (shrink)

The marketplace of ideas is a colourful metaphor with a long history of being used to argue for freedom of speech. This paper draws on its historical antecedents to begin with an orthodox understanding of the metaphor whereby the absence of substantive regulation is taken to be conducive to the good functioning of both economic markets and public discourse. This anti-regulation reading is then challenged by analysing a series of legal cases showcasing prohibitions on misrepresentation and fraud. These speech regulations (...) are explained by the economics literature on information asymmetry, which illustrates how honesty regulations maintain good market functioning by facilitating credible reliance by market participants on one another’s assertions. What is thereby proposed is a re-imagining of the marketplace of ideas metaphor which lends support to honesty regulations in the realm of public speech. One potential analogue for these legal and economic findings is identified in the work of Shiffrin and her arguments for deontological sincerity requirements in the public sphere. (shrink)

Political philosophical work on whistleblowing has thus far neglected the role of journalists. A curious oversight, given that the whistleblower’s objective - informing the public about government wrongdoing - can typically not be realized without the media. The present article, therefore, aims to start remedying this neglect by exploring some of the most pressing questions. Accordingly, the paper will be structured as follows: Section 1 will explain why the authorities have treated whistleblowers far more harshly than the journalists who publish (...) their disclosures. Still, the freedom of expression of media workers is less extensive than that of ordinary individuals. Section 2 will explain why by arguing that the freedom of expression of the press, contrary to that of individuals, is not an unconditional good; instead, it is good merely instrumentally. Section 3 considers and refutes an argument for a more expansive press freedom based on the marketplace of ideas model and, in doing so, also discusses some important differences between the ethics of the traditional and the new online media. Often journalists, like whistleblowers, will justify their publications based on leaked classified documents by appealing to the public interest. Yet, this is problematic for two reasons: the public interest is never clarified; and this argument overlooks the fact that the public interest can also be a reason for not publishing about leaked classified documents, even if the leaks are verified. Accordingly, Section 5 sets out to clarify the public interest. Section 4 then discusses two case studies – one concerning unverified leaks, and one concerning verified leaks – in order to demonstrate how we might employ the concept of the public interest in order to determine the permissibility of publishing about leaked classified information in practice. (shrink)

Legal domains concerned with deception often recognize and regulate cases of negligent deception. The philosophical discussion of deception should follow suit, shifting from an exclusive focus on deception-as-wrongful-manipulation to a broader panorama that includes negligent deception and contemplates cases in which negligent deception may be wrong even when intentional deception about the same information may be permissible. Interesting philosophical questions then arise about what distinguishes negligent deception from mere misunderstandings and mistakes. Those questions require further thought about how relationships involve (...) epistemic cooperation and interdependence, and when such relationships generate responsibility for others’ mental contents. (shrink)

This article aims to systematize different alternatives for the conceptualization of lying, in order to clarify the meaning of contemporary post-truth. Given the limitations of a historical reconstruction of the meanings of lying devised by the philosophical tradition, and because conceptual analysis risks of fetishizing the lying assertion, we aim to enrich the conceptualization of lying through the lexicographical description of the prototypical sense and the variants of our idiomatic vocabulary for lying. By distinguishing the formal conditions of telling a (...) lie and the situational nuances of the realization of lying, one can recognize a new regime of lies in contemporary post-truth. (shrink)

RESUMEN Los estudios actuales sobre la mentira priman su lado epistémico y desatienden los aspectos morales. Tal distinción es clara en los intentos de diferenciar la mentira de la intención de engañar, y tienen como contrapartida una concepción de la verdad realista. Por ello, las interpretaciones que cuestionan o minimizan la existencia de la Verdad tienden a ser rechazadas, y parece que tampoco podrían abordar satisfactoriamente la mentira. En este artículo cuestionaremos dicha asunción, mostrando cómo un autor del Renacimiento, Michel (...) de Montaigne, sostiene una perspectiva "negadora" de la verdad y critica la mentira, precisamente destacando su dimensión moral. ABSTRACT Current studies on lying emphasize its epistemic side and neglect the moral aspects. Such a distinction is clear in the attempts to distinguish lying from the intention to deceive and has as a counterpart a realistic conception of truth. Therefore, interpretations that question the existence of truth, or that minimize it, tend to be rejected, and it seems that they could not satisfactorily address the lie either. In this article we will question this assumption, showing how a Renaissance author, Michel de Montaigne, maintains a "denying" perspective of truth while criticizing the lie, precisely by highlighting its moral dimension. (shrink)