Identity labels like ‘woman’, ‘Black’, ‘mother’, and ‘evangelical’ are pervasive in both political and personal life, and in both formal and informal classification and communication. They are also widely thought to undermine agency by essentializing groups, flattening individual distinctiveness, and enforcing discrimination. While we take these worries to be well-founded, we argue that they result from a particular practice, of using labels to rigidly label others. We identify an alternative practice, of playful self-labeling, and argue that it can function as (...) a tool for combating oppression by expressing and enhancing individual and collective agency. (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)