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 (including narrow hate speech bans) is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, (...) illegitimate in a liberal democracy. The right to express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

The paper presents a critical evaluation of the existing anthologies of Romanian oratory and analyzes the pertinence of a new research line: how to trace back the foundations of Romanian versatile political memory, both from a lexical and from an ideological point of view. As I argue in the first part of the paper, collecting and editing the great speeches of Romanian orators seems crucial for today’s understanding of politics (politicians’ speaking/ actions as well as voters’ behavior/ electoral habits). (...) In the second part, I focus on the particularities generated by a dramatic change of media support (in the context of Romania’s high rates of illiteracy at the end of the 19th century): from “writing” information on the slippery surface of memory (declaimed political texts such as “proclamations,” “petitions,” and “appeals”) to “writing” as such (transcribed political speeches). The last part of the paper problematizes the making of a new canon of Romanian eloquence as well as the opportunity of a new assemblage of oratorical texts, illustrative for the 19th century politics, and endeavors to settle a series of virtual editing principles. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their (...) publicity, refuses to let them speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

Donald Trump and Boris Johnson are notoriously uninterested in truthtelling. They also often appear uninterested even in constructing plausible falsehoods. What stands out above all is the brazenness and frequency with which they repeat known falsehoods. In spite of this, they are not always greeted with incredulity. Indeed, Republicans continue to express trust in Donald Trump in remarkable numbers. The only way to properly make sense of what Trump and Johnson are doing, we argue, is to give a greater role (...) to audience relativity - and in some cases, audience participation - in notions like bullshitting and bald-faced lying. In this paper, we develop a new understanding of bullshitting, one that includes bald-faced lying, and recognizes that different communicative acts may be directed at different audiences with a single utterance. In addition, we argue for recognition of the category of bald-faced bullshitting, a particular speciality of both Trump and Johnson, and one especially useful to authoritarian leaders. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

Commemorative artefacts purportedly speak – they communicate messages to their audience, even if no words are uttered. Sometimes, such artefacts purportedly communicate demeaning or pejorative messages about some members of society. The characteristics of such speech are, however, under-examined. I present an account of the paradigmatic characteristics of the speech of commemorative artefacts (or, “commemorative artefactual speech”), as a distinct form of political speech. According to my account, commemorative artefactual speech paradigmatically involves the use (...) of an artefact by an authorised member of a group to declare the importance of remembering a subject, in virtue of some feature of the subject. Then, I outline a variety of ways that commemorative artefactual speech can go awry. Such speech can be unauthorised, involve unfair exclusion or incorrect identification, be aesthetically inadequate, invoke clandestine explanations, and be directed at inappropriate subjects. I conclude with a discussion of the implications of my account for resisting problematic commemorative artefactual speech. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...) liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

Of all the spheres where hate speech thrives, religion and politics seem to be more pronounced. Speeches made to cast aspersions on political affiliations and ideologies as well as on religious faiths, heavily affect the political beliefs, participation and reactions of the people concerned to the happenings within the sociopolitical arena. Comments made on religion, like those on politics, have a high propensity to either make or mar the entire political well-being or otherwise of the country. (...) How religious groups react deliberately or spontaneously to speeches against their faiths, and how such reactions affect the political stability of a country like Nigeria, is what this paper seeks to explore. In this paper that uses the library research method to make an incursion into the subject of hate speech and political stability, works of other scholars in the area are examined and the researcher‟s position is situated within the raging discourse on the subject matter. Extant laws governing the exercise of religious and speech freedom are explored. The paper contends that certain communication practices in parts of the world have undermined people‟s right to religious freedom. It, therefore, recommends respect for religious rights and freedom as a way to avert possible political instability occasioned by intolerable verbal attacks on religious practices. (shrink)

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At (...) many private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

Does “The Colbert Report” promote democratic values in American political dialogue? If so, does it encourage substantive criticism of political orthodoxy? Or does it just encourage the politics of cynicism, like so many other cable news shows? We claim that Stephen Colbert's style of political satire promotes democratic values of free, open, and critical speech because it reflects an ethical commitment that evokes the earlier spirit of criticism embodied by the ancient Greek philosophical tradition of _parrhesia_, (...) or "speaking the truth" fearlessly in public. (shrink)

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

This paper examines the relationship between violence and the domination of speech in Spinoza’s political thought. Spinoza describes the cost of such violence to the State, to the collective epistemic resources, and to the members of the polity that domination aims to script and silence. Spinoza shows how obedience to a dominating power requires pretense and deception. The pressure to pretend is the linchpin of an account of how oppression severely degrades the conditions for meaningful communication, and thus (...) the possibilities for thinking and acting in common. Because it belongs to human nature to desire to share our thoughts with others, Spinoza believes that most people experience efforts to control our communication to be acutely intolerable. As a result, such unbearable violence threatens the political order that deploys it. I conclude with some speculative remarks about why, in the Theological-Political Treatise, Spinoza consistently deploys the superlative form of the adjective violentus in reference to the domination of thought and speech rather than to other modes of political violence. (shrink)

Gaining a high level of proficiency is the ultimate aspiration of all language learners, and the use of apology and politeness strategies is consistently associated with the levels of language proficiency. Owing to the significance of speech acts, politeness strategies, and level of proficiency, this study aimed to investigate the realization of apology speech acts and politeness strategies among Iranian EFL learners to examine and compare the lower-intermediate and advanced learners’ use of apology and politeness strategies. To achieve (...) this goal, 320 learners were selected out of 390 EFL learners who took a test of English language proficiency and were then divided into lower-intermediate and advanced levels. The findings of the study revealed significant differences between lower-intermediate and advanced Iranian EFL learners in the realization of the speech act of apology and politeness strategies. Advanced learners preferred to use more indirect and complicated forms of apology speech acts and tended to apply negative politeness and off-record strategies more than the lower-intermediate learners did. However, lower-intermediate learners preferred to use simple and more direct forms of apology and politeness strategies. It can be concluded that as learners increase their knowledge in the target language, and as their interlanguages get closer to the target language, they tend to apply more complicated and native-like speech acts and strategies . (shrink)

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may (...) miss what is most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

Attributions of certain speech-acts, like dog-whistling and wolf-crying, have an interesting complementary and antagonistic relationship that creates a kind of hostile dialectic and emergent divergence in political discourse. In the following, we will show how the wolf-cry and the dog-whistle are both epistemically difficult speech-acts to attribute, leading to asymmetric uncertainties in attribution. These uncertainties cause the attribution of wolf-cries and dog-whistles themselves to often be both reasonable but unconfirmable epistemic claims. Then, we will show how these (...) patterns of attributions can lead to a reciprocal dialectic of entrenched and self-amplifying dog-whistling versus wolf-crying, until an unhappy status quo is developed. This leads to a number of problems, including an epistemic standoff of standpoints, the attribution saturation of the political discourse, and a condition of self-defeating truth-seeking. Seemingly, the only surefire solution is a unanimous alleviation of such attributions, a standard that may seem insurmountable, though other options can be considered. (shrink)

Dog whistling—speech that seems ordinary but sends a hidden, often derogatory message to a subset of the audience—is troubling not just for our political ideals, but also for our theories of communication. On the one hand, it seems possible to dog whistle unintentionally, merely by uttering certain expressions. On the other hand, the intention is typically assumed or even inferred from the act, and perhaps for good reason, for dog whistles seem misleading by design, not just by chance. (...) In this paper, I argue that, to understand when and why it’s possible to dog-whistle unintentionally (and indeed, intentionally), we’ll need to recognize the structure of our linguistic practices. For dog whistles and for covertly coded speech more generally, this structure is a pair of practices, one shared by all competent speakers and the other known only to some, but deployable in the same contexts. In trying to identify these enabling conditions, we’ll discover what existing theories of communicated content overlook by focusing on particular utterances in isolation, or on individual speakers’ mental states. The remedy, I argue, lies in attending to the ways in which what is said is shaped by the temporally extended, socio-politically structured linguistic practices that utterances instantiate. (shrink)

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)

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 its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the (...) 5-4 majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Public discourse is increasingly characterized by a climate of intolerance, a culture of exclusion (cancel culture) and thinking in categories of political correctness. (German) language is systematically manipulated by public broadcasting in line with a gender political agenda. A more and more uncritical and ideologically coloured trend journalism is on the rise there. The Freedom and quality of science are also methodically undermined due to nonproven and populist claims. -/- Der Öffentliche Diskurs ist zunehmend geprägt von einem Klima (...) der Intoleranz, einer Kultur der Ausgrenzung (cancel culture) und einem Denken in Kategorien der political correctness. Die (deutsche) Sprache wird im Sinne einer genderpolitischen Agenda im Öffentlichen Rundfunk systematisch manipuliert. Ein zunehmend unkritischer und ideologisch gefärbter Tendenzjournalismus gewinnt dort an Terrain. Auch die Freiheit und die Qualität der Wissenschaft werden aufgrund unhaltbarer und populistischer Behauptungen methodisch untergraben. -/- . (shrink)

Movement-building involves, crucially, an attempt to build bridges that mediate between the transformative aims of radicals and broad publics that are normally indifferent to projects of far-reaching social change. The vocabularies that activists deploy, in order to understand themselves and to make themselves understood by others, can serve to construct such bridges. But they can also serve to erect barriers to the constructive work already done, notably by previous generations. It is worth paying attention, therefore, to the potential pitfalls of (...) ill-considered elements of whatever political vocabulary one adopts. Here, I examine in detail some important differences between the political vocabulary of the New Left (associated with radicalization of the late 60s and early 70s) and the political vocabulary of the “post-New Left,” that is, the activist Left of the first two decades of the 21st century. (shrink)

In this paper, I investigate under-explored moments in Rousseau’s and Adam Smith’s writings in which each presents speech, and particularly testimony, as a manifestation of the desire for others’ recognition. I begin by considering some features of Rousseau’s understanding of amour-propre (or the desire for recognition from others) as well as that desire’s relevance for the conception of vocal speech (as in its nature passional) at the center of Rousseau’s Essay on the Origin of Languages. Since a feeling (...) of insult is the characteristic response to the thwarting of amour-propre, this connection between amour-propre and vocal speech might help to illuminate the distinctive insult (remarked upon by several philosophers) in having one’s speech act rejected. But there is also something incomplete in this thought insofar as it cannot yet distinguish the rejection involved in, say, not being believed from just any thwarting of amour-propre (or any instance of taking oneself to be demoted in another’s opinion). I then consider the possibility that this latter sort of observation might lie behind not only Adam Smith’s interest in what he calls our “mortification” in not being believed, but also his interest in a distinctive kind of response that we typically think of ourselves as owed, especially in the context of our addressing another person, but whose satisfactoriness consists in its being unforced. I end the paper by considering how Rousseau’s egalitarian political prescriptions (which contrast with the individual psychological maneuvers that Smith offers to those who go unbelieved) can be understood, in part, as aiming to limit the social significance of our dependence on another’s capricious judgment about our trustworthiness. (shrink)

‘Transformative liberals’ believe that the state should use its non-coercive capacities to counter hateful speech and practices, by seeking to transform the views of those who hold hateful and discriminatory beliefs. This paper critically assesses transformative liberalism, with a particular focus on the theory developed by Corey Brettschneider. For Brettschneider, the state should engage in ‘democratic persuasion’ by speaking out against views that are incompatible with the ideal of free and equal citizenship, and refusing to fund or subsidise civil (...) society groups that hold such views. My critique has five parts. I first rebut two central justifications for transformative liberalism, regarding complicity and the undermining of equal citizenship. Second, I show that some of the central policies that Brettschneider advocates are in fact coercive. Third, I raise concerns about the nature of the complex and contestable judgments that transformative liberalism requires the state to make. Fourth, I argue that Brettschneider’s view has various troubling implications. Finally, I argue that many of these problems derive from his adoption of a thick conception of free and equal citizenship, resulting in an overly broad definition of hateful viewpoints and of hate speech. A defensible version of transformative liberalism would use a significantly narrower conception. (shrink)

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only (...) if there is a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>. (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 (...) class='Hi'>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)

Unfortunately, many people today see the regulation of lies, disinformation, hate speech, and fake news as an infringement of free speech, at least when such speech is ‘political,’ despite the damage that such speech can do. But this very protective attitude toward speech rests on a mistaken understanding of the role of free speech in a liberal society. The right to free speech is based on the liberal value of freedom, and as (...) such can be no broader than freedom itself. And freedom has always been subject to reasonable limits in a liberal society. Indeed, while the principles of toleration and neutrality are often cited as supporting a broad interpretation of the right to free speech, they also tell us that certain limits apply to that right. We need not tolerate speech that encourages intolerance, and while government should be neutral between reasonable conceptions of the good, it need not be neutral between reasonable and unreasonable conceptions. These ideas form the framework of liberal society, and as I shall show, also provide a guide for understanding what kind of speech is protected in a liberal society and what it is not. (shrink)

Online hate speech has been a topic of public concern and research interest for some time. Initially the focus of this centred on the proliferation of online groups and websites promoting and distributing discriminatory content. Since the introduction of more interactive tools and platforms in the mid-2000s that enabled new and faster ways of disseminating content in a relatively anonymous fashion, concerns about online hate speech becoming a pervasive behavior have increased. Current research and analysis acknowledge the complex (...) nature of online hate, the mediating role of technology and the influence of other contextual factors (e.g. social or political events). However, despite the growing attention on the topic, New Zealand-based research looking at personal experiences and/or exposure to online hate is surprisingly absent. This study seeks to address this gap. It builds on existing international research on young people’s experiences to explore those of the adult New Zealand population based on a nationally representative sample. The research instrument used for this study was an online survey. (shrink)

This paper argues that free speech is a ‘two-way right’. The right to marriage is a typical two-way right: it is not a guarantee that every single person can get married. Instead, it only ensures that if two consenting adults wish to marry each other, they can do so freely. Similarly, the right to free speech does not protect a speaker’s unilateral right to speak, nor an audience’s unilateral right to hear. Free speech protects the parties’ right (...) to communicate with each other. Many agree that communication is a collaborative activity. Yet, this collaborative essence is sometimes overlooked. Particularly, when analyzing speech rights, there is a tendency to zoom in on either the speaker interests or the audience interests, focusing on the distinctions between the two. The two-way approach reorients our understanding of free speech, to one that is more integrally shaped by a concept of communication as a joint collaborative endeavor. (shrink)

Recent years have seen an upsurge of inflammatory speech around the world. Understanding the mechanisms that correlate speech with violence is a necessary step to explore the most effective forms of counterspeech. This paper starts with a review of the features of dangerous speech and ideology, as formulated by Jonathan Maynard and Susan Benesch. It then offers a conceptual framework to analyze some of the underlying linguistic mechanisms at play: derogatory language, code words, figleaves, and meaning perversions. (...) It gives a hypothesis for assessing the moral responsibility of interlocutors in dangerous speech situations. The last section applies this framework to a case of demagogic discourse. The framework offered explains how public discourse has harmed social relations and institutions, and is an obstacle to rational resolutions to the political situation. (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)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying (...) class='Hi'>speech – that is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality 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 viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

This is a review of Shiffrin's _Speech Matters_.

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the (...) British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

Generative artificial intelligence has given us synthetic media that are increasingly easy to create and increasingly hard to distinguish from photographs and videos. Whereas an existing literature has been concerned with how these new media might make a difference for would-be knowers—the viewers of photographs and videos—I advance a thesis about how they will make a difference for would-be communicators—those who embed photos and videos in their speech acts. I claim that the presence of these media in our information (...) environment reduces our ability to show one another things, even as it may increase our resources for telling. And I argue that this has consequences beyond the disruption of knowledge acquisition; showing is a way that we preserve relational equality through superficial asymmetries in political communication, and thereby express respect for our audiences. If synthetic media reduce our options for showing, they then interfere in the way that we manage our relationships in the context of collective political action. (shrink)

In this article, I provide an argument against the idea that public hate-speech events are harmful because they cause a discrete, traceable and harmful change in one’s propositional attitudes. To do so, I identify the essential conceptual architecture of public hate-speech situations, I assess existing arguments for the direct and indirect harm of public hate speech and I propose a novel way to approach public hate-speech situations: a maieutic approach. On this perspective, public hate-speech events (...) do not cause changes in propositional attitudes, but rather, if successful, either such events bring a person’s latent propositional attitudes into clear consciousness, or they play with propositional attitudes speakers and their audience had prior to the public hate-speech situation. (shrink)

We provide a new text corpus from the social medium Telegram, which is rich in indirect forms of divisive speech. We scraped all messages from one channel of supporters of Donald Trump, covering a large part of his presidency from late 2016 until January 2021. The discussion among the group members over this long time period includes the spread of disinformation, disparaging of out-group members, and other forms of offensive speech. To encourage research into such practices of poisoning (...) public political discourse, we added automatic annotations of offensive language to all messages. We further added manual annotations of harmful language to a portion of the posts in order to enable the analysis of more implicit forms of online harm. (shrink)

I argue for the recognition of a particular kind of interest that one has in freedom of expression: an interest served by expressive activity in forming and discovering one’s own beliefs, desires, and commitments. In articulating that interest, I aim to contribute to a family of theories of freedom of expression that find its justification in the interests that speakers have in their own speech or thought, to be distinguished from whatever interests they may also have as audiences or (...) third parties for speech. Although there are many differences among such speaker-centered theories, a core commitment that most share is that expressive liberty plays a fundamental role in securing or constituting some form of individual self-realization. My account is a defense and elaboration of what I take to be one specific way in which the nature of such self-realization should be understood. In my proposal, self-realization is sometimes internally related to the very activity of expression, viz, expressing ourselves is one way in which we come to form and know our own minds. (shrink)

Politics abounds with bad language: lying and bullshitting, grandstanding and virtue signaling, code words and dogwhistles, and more. But why is there so much bad language in politics? And what, if anything, can we do about it? In this paper I show how these two questions are connected. Politics is full of bad language because existing social and political institutions are structured in such a way that the production of bad language becomes rational. In principle, by modifying these institutions (...) we can reduce the prevalence of bad language. However, as I show, such practical efforts are fraught with difficulties. After first outlining an account of bad language (Section 1), I examine the rationality of three different types of bad language: inaccurate language, insincere language, and unclear language (Section 2). Next, I discuss the possibility of implementing institutional reforms to improve the quality of political discourse (Section 3). However, I then outline and discuss two serious complications for institutional reforms—namely, they create risk of abuse, and they could preclude instances of seemingly bad language that, in fact, are socially beneficial (Section 4). I conclude with some thoughts about how to pursue institutional reform in an appropriately circumspect manner (Section 5). (shrink)

Freedom of speech has traditionally been a cause championed by the left and liberal side of the political spectrum, against conservatives who have tried to limit the expression of radical ideas. Here are three examples from the United States: 1) When I was appointed to Princeton University in 1999, Steve Forbes, whose father had endowed the university’s Forbes College, called for my appointment to be rescinded, and pledged that he would not donate to the university as long as (...) I was on the faculty. Forbes was, at the time, running for the Republican nomination for president. (shrink)

This dissertation raises the question of the political world, and pursues it as central theme in the political thought of Hannah Arendt and the philosophical hermeneutics of Hans-Georg Gadamer. Within the phenomenological tradition, world refers to a referential context of relations between beings, within which those beings appear as meaningful. Since Heidegger, the concept of world has been inextricably linked with that of understanding, the disclosedness that guides any interpretation of beings and allows them to appear as what (...) they are. In what sense is the world political? In what sense does the political constitute a world? -/- For Arendt, the political concerns human beings in their plurality. It concerns the relations between members of a polis, who are related to each other by the world that they share in common in action and speech. The polis is not simply a city or a political entity, but a space within which both things and human beings appear according to a distinctively political mode of disclosedness, a plural understanding. In this, Arendt operates within a hermeneutical ontology, though it is often unthematized or underdeveloped within her work. Gadamer’s hermeneutical philosophy makes it possible to explicate and develop this ontology, illuminating the complex reciprocal relationship Arendt develops between the worldliness of human beings and the space of appearance that arises out of the exchange of interpretive judgments: the political world. The central theme of the political world serves to uncover the hermeneutical underpinnings of Arendt’s political thought, as well as the political implications of Gadamer’s philosophy. -/- Part I shows how an embryonic and unthematized concept of the political world arises from the analysis of being-with [Mitsein] in Heidegger’s Being and Time. Part II proposes a novel systematic interpretation of The Human Condition, situating the conceptual distinctions of the vita activa within a hermeneutical ontology, with particular emphasis on Arendt’s appropriation and development of the concept of world. Part III turns to Gadamer’s treatment of tradition and historically-effected consciousness [wirkungsgeschichtliches Bewußtsein] in Truth and Method, arguing that the handing-down of tradition describes an historical activity of plural understanding, from which the political world emerges. Part IV traces the development of Arendt’s theory of judgment in tandem with her account of δόξα, the discursive mode proper to plural understanding, and proposes a revisionist interpretation of her mature theory of judgment. Gadamer’s fusion of horizons, rather than a Kantian extended mentality, emerges as an apt description of the space of appearance that emerges within plural interpretive discourse. (shrink)

Debates about political correctness often proceed as if proponents see nothing to fear in erecting norms that inhibit expression on the one side, and opponents see nothing but misguided efforts to silence political enemies on the other.1 Both views are mistaken. Political correctness, as I argue, is an important attempt to advance the legitimate interests of certain groups in the public sphere. However, this type of norm comes with costs that mustn’t be neglected–sometimes in the form of (...) conflict with other values we hold dear, but often by creating an internal schism that threatens us with collective irrationality. Political correctness thus sets up dilemmas I wish to set out (but not, alas, resolve). The cliché is that political correctness tramples on rights to free-speech, as if the potential loss were merely expressive; the real issue is that in filtering public discourse, political correctness may defeat our own substantive aims. (shrink)

According to recent scholarship, Kant’s "An Answer to the Question: What is Enlightenment?" and the introductory section to "The Conflict of the Faculties" are masterpieces of philosophical rhetoric. The philosophical significance of these texts lies in establishing the free public use of reason as a tool to discipline political power through pure practical reason, and the rhetorical mastery consists in presenting the free public use of reason as a means to satisfy the ruler’s pragmatic practical reason. Elaborating on this (...) interpretation, I flesh out three further aspects of the writings in question. First, I examine the four types of arguments that Kant crafts in defence of the public use of reason and show how their pragmatic practical character is fully in keeping with the foundation of politics on pure practical ideas. Second, contrasting Kant’s notion of the public use of reason with the classical liberal conception of free speech, I argue that the distinctive character of Kant’s notion of the public use of reason consists in adding to the liberal demand for freedom from state censorship the requirement of the self-discipline of the participants in the public use of reason. Third, I contend that Kant’s notion of the public use of reason goes beyond a mere non-coercive discursive procedure and conclude that, to qualify as public in the distinctive Kantian sense, publicly presented positions must uphold theoretical and moral criteria informed by critical philosophy. (shrink)

Language and politics go hand in hand and learning and comprehending political genre is to learn a language created for codifying, extending and transmitting political discourse in any text/talk. Drawing upon the theoretical framework of Fairclough’s CDA and Rhetoric, the current study aims at investigating Donald Trump’s First Speech, from the point of frequency and functions of some rhetorical strategies (Parallelism, Anaphora and the Power of Three, Antithesis and Expletive, etc.), Nominalization, Passivization, We-groups and Modality as well (...) as Lexical and Textual Analysis, presented to the UN delivered on Sep. 19, 2017. Specifically, the study seeks to determine: (1) how President Trump succeeded in conveying his notions and assumptions to his intended audience, and in convincing and negotiating, (2) how he attempted to explicitly and implicitly pass his attitudes on his targets, and (3) how those orientations, intended notions and assumptions were seamlessly presented to his addressees in discoursal and lexico-grammatical levels; (4) and finally in this underlying trend how he achieved his own ends. The results of the study hope to enhance reading comprehension and writing in academic registers for EFL/ESL students. (shrink)

Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration (...) of Human Rights, and various empirical studies on the religious convictions of Muslims, it is argued here that: (1) sovereign European state powers should be especially cautious of legal censorship of speech allegedly violating Muslim religious sensibilities; and (2) instead of legal moves to censorship, European states should defer to the principle of separation of religion and state (political authority). Further, a reasonable interpretation of Islamic jurisprudence allows that matters of religious difference may be engaged and resolved by appeal to private conscience and ethical judgment, rather than by appeal to public law per se. In so far as they are 1 representative of contemporary scholarship, the interpretative positions of Ziad Elmarsafy, Jacques Derrida, and Nasr Abū Zayd are presented in illustration of this latter point. (shrink)

In this paper I make a number of points about “political correctness”. Although individually these arguments seem straightforward - and will hopefully be uncontroversial - put together in context they reveal the idea of a “politically correct”, left-wing dominated, media or intelligentsia in Western political culture to be a conservative bogeyman. The rhetoric of “political correctness” is in fact overwhelmingly a right-wing conservative one which itself is used mainly to silence dissenting political viewpoints. However, the same (...) investigation also suggests that a “politics of speech” is an inevitable fact of social life and that some sorts of censorship are likewise inevitable. The question of censorship is therefore revealed as not “Whether we should tolerate all sorts of speech?” but “Which sorts of speech should we tolerate?”. (shrink)

The article develops the concept of "political judgement" - a new, affirmative understanding of the phenomena which are criticized as "political correctness" by both right-wing and liberal commentators. To that end, it takes the right's claims, that "political correctness" is slave morality in Nietzsche's sense seriously and proposes a systematic reading of a right-nietzschean position. Connecting current "political-correctness"-critique and Nietzsche in this way allows for a deeper understanding of the right-wing rationality and the affective energy underlying (...) the critique. Through contrasting this right-nietzschean reading with its systematic opposite, a left-nietzschean position, the article shows that the essence of politics is to redesign norms which distribute privilege. What is critically labelled "political correctness" is, thus, better captured by the notion of "political judgment", because - given an interest in emancipation - such politics should not be demonized when they limit the freedom provided by undeserved privileges. (shrink)

In the light of Halliday's Ideational Grammatical Metaphor, Rhetoric and Critical Discourse Analysis, the major objectives of this study are to investigate and analyze Barack Obama's 2012 five speeches, which amount to 19383 words, from the point of frequency and functions of Nominalization, Rhetorical strategies, Passivization and Modality, in which we can grasp the effective and dominant principles and tropes utilized in political discourse. Fairclough’s Critical Discourse Analysis frameworks based on a Hallidayan perspective are used to depict the orator’s (...) deft and clever use of these strategies in the speeches which are bound up with his overall political purposes. The results represent that nominalization, parallelism, unification strategies and modality have dominated in his speeches. There are some antithesis, expletive devices as well as passive voices in these texts. Accordingly, in terms of nominalization, some implications are drawn for political writing and reading, for translators and instructors entailed in reading and writing pedagogy. (shrink)