I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

If, as many suppose, pornography changes people, a question arises as to how.1 One answer to this question offers a grand and noble vision. Inspired by the idea that pornography is speech, and inspired by a certain liberal ideal about the point of speech in political life, some theorists say that pornography contributes to that liberal ideal: pornography, even at its most violent and misogynistic, and even at its most harmful, is political speech that aims to express certain views about (...) the good life, 2aims to persuade its consumers of a certain political point of view—and to some extent succeeds in persuading them. Ronald Dworkin suggests that the pornographer contributes to the ‘moral environment, by expressing his political or social convictions or tastes or prejudices informally’, that pornography ‘seeks to deliver’ a ‘message’ , that it reflects the ‘opinion’ that ‘women are submissive, or enjoy being dominated, or should be treated as if they did’, that it is comparable to speech ‘advocating that women occupy inferior roles’.3 Pornography on this view is political speech that aims to persuade its listeners of the truth of certain ideas about women, and of course ‘the government must leave to the people the evaluation of ideas’.4 Another answer offers a vision that is not grand and noble, but thoroughly reductive. Pornography is not politically persuasive speech, but speech that works by a process of psychological conditioning. This view seems common enough in the social science literature. Consider, for example, this description of an early experiment, from a time that pre-dates contemporary political debate. (shrink)

This paper argues that racist speech in public places ought to be regulable even with teh strict free speech protections of the First Amendment. McGowan argues that the same justification for regulating the hanging of a 'Whites Only' sign applies to racist utterances in public spaces.

Many liberal societies are deeply committed to freedom of speech. This commitment is so entrenched that when it seems to come into conflict with other commitments (e.g., gender equality), it is often argued that the commitment to speech must trump the other commitments. In this paper, we argue that a proper understanding of our commitment to free speech requires being clear about what should count as speech for these purposes. On the approach we defend, should get a special, technical sense, (...) different from its ordinary sense. We offer a partial characterization of this technical sense. Finally, we argue that if certain theorists (e.g., MacKinnon) are right about what (some) pornography does, then it should fall outside the scope of the free-speech principle. If so, then contrary to first appearances, pornography may not be a case in which our commitments to freedom and gender equality come into conflict. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

Catharine MacKinnon has pioneered a new brand of anti-pornography argument. In particular, MacKinnon claims that pornography silences women in a way that violates their right to free speech. In what follows, we focus on a certain account of silencing put forward by Jennifer Hornsby and Rae Langton, and we defend that account against two important objections. The first objection contends that this account makes a crucial but false assumption about the necessary role of hearer recognition in successful speech acts. In (...) response, we argue that, as silencing primarily concerns communication, Hornsby and Langton are perfectly correct to treat hearer recognition as they do. The second objection contends that their particular account of silencing has the unacceptable result of undermining the responsibility of rapists. We here argue that no such result follows from their account. (shrink)

How is it possible for human subjects who are socially constructed to engage in effective and authoritative acts of resistance to the social norms and institutions within which they were formed? Judith Butler, in her engagement with the work of Pierre Bourdieu, locates this possibility in the nature of `speech acts', and in resistance to social norms emanating from the abjected margins of social life. She criticizes Bourdieu for undermining the promise of agency contained in habitus by reducing it to (...) the social field in which it was constituted, thus re-closing `the iron cage' of structural/institutional determination. For Butler, social norms and institutions, dependent as they are on reiterative performance, are intrinsically open to disruption. It is possible, she claims, using as her example Rosa Parks's historical act of resistance in Montgomery, Alabama in 1955, to resist with authority, yet without prior institutional authorization. This article argues that Butler's theory of iterability works to endow the capacity to authorize against the grain of institutional authority with individuals and their acts and hence neglects the social contexts that inform and de-limit this capacity. `Resisting with authority' is possible precisely because it is not endowed by individuals or their acts, but is collective and interactional. (shrink)

On Pragmatics, Exercitive Speech Acts and Pornography Suppose that a suspect being questioned by the police says, "I think I'd better talk to a lawyer." Whether that suspect has invoked her right to an attorney depends on which particular speech act her utterance is. If she is merely thinking aloud about what she ought to do, then she has not invoked that right. If, on the other hand, she has thereby requested a lawyer, she has. Similarly, suppose that an unhappily (...) married man says "I want my wife dead." Whether he has thereby solicited his wife's murder depends on which particular speech act his utterance is. If he is merely describing his desires, he has committed no crime. If, by contrast, he has thereby hired an assassin, he has. As one can see, experts on speech acts have a lot to say about various issues in the law.I believe that expertise in speech act theory also illuminates various issues regarding free speech. In what follows, we consider how speech act theory may apply to certain arguments regarding the free speech status of pornography. In particular, we consider several speech act accounts of MacKinnon's claim that pornography subordinates women, but, before turning to such accounts, some background is offered. (shrink)