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)

Government agencies in New Zealand are not required to systematically collect data on online hate speech, thus, there is a lack of longitudinal evidence regarding this phenomenon. This report presents trends in personal experiences of and exposure to online hate speech among adult New Zealanders based on nationally representative data. The findings from this study are also compared with results from a similar research study conducted in 2018. In addition, this report explores people’s perceptions about (...) other issues related to hate speech. The goal of this study is to fill some knowledge gaps regarding the extent and nature of hate speech in New Zealand. It also seeks to provide reliable and robust evidence to inform public conversation on the topic and the implementation of strategies and activities to ensure all New Zealanders, no matter what their characteristics, are safe online to benefit from the multiple opportunities of the digital environment. (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)

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)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures (...) whose wide-scale operations lower the social status of members of targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

According to René Girard, all religious traditions - and so every tradition- originate from a communitarian violence towards a randomly chosen individual. I provide an introductory construal of Girard’s proposal in the first section of my paper. In the second section, I will address a conceptual view of the theory by making explicit its principles and their inferential relations. In the third section, I will explain how philosophers of language address slurs and hate-speech. Particularly, I will apply such (...) materials to Girard’s assumption that the three friends’ discourses to Job are instances of hate-speech. My purpose is to defend the use of a presuppositional account of derogatory epithets in the philosophy of religion, and to argue for the legitimacy of reading a number of religious statements which cement a social group into a “we” in opposition to an individual who is individuated as an instance of a “not-we” as slurs. In the fourth section, I will argue that, if Girard is right in thinking that speech-hate and the use of slurs are means for the identification of a scapegoat within a group, then Girard’s theory needs to be adjusted in order to accommodate some obvious difficulties. Finally, in the fifth section, I will sum up my conclusions and then provide a few suggestions for defending the theory. (shrink)

Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's (...) influential contemporary justification for freedom of expression, which claims that a thoroughgoing right to freedom of expression is justified by the fact that it guarantees and preserves liberalism's commitment to equality by offering everyone an opportunity to speak, whereas any other policy, such as state regulation, would fail to offer this equal opportunity. This justification has been challenged by feminists and critical race theorists, who find the cases of pornography and hate speech to be sufficient threats to the freedom of expression and equality of their targets—women and minorities—to warrant limiting freedom of expression in these cases. I will argue that if Dworkin is to take equality as seriously as he claims to, then, by his own lights, he must back away from an unrestricted freedom of expression, in light of these distinctly contemporary challenges of the harms of systemic racism and sexism, which underlie hate speech and pornography. (shrink)

Gender studies have generated numerous questions regarding the potential of language and the power relations it produces, especially after the philosopher Judith Butler's reinterpretation of Austinian performativity theory. She in fact reinterpreted this theory not only in linguistic terms, but also in relation to the normative power that nails biological fates to anatomical bodies, pinning them into roles and permissions defined by dominant praxis. With the theory of gender performativity, the connection between language, identity and power becomes even clearer and (...) more incisive, seeing hate speech as playing a central role in both the maintenance of praxis and the disciplining of people in accordance with such praxis. Starting from a reflection on the universalization of man through the appropriation of language-logos, the aim of this paper will therefore be to highlight the intricate link between hate speech and hegemonic masculinity. It will then emphasize how the denigrating and punitive functionality of hate speech is central to the reiteration of the subordinating binarism on which patriarchal hegemony is founded. In this way, it will be possible to think of strategies, such as re-signification, that not only disarm the violent potential of hate speech, but also contribute to rewriting the underlying social praxis, producing anti-discriminatory and equalitarian models. (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...

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do (...) so, I borrow insights from the critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

In this paper, I argue that hate speech expresses hate, and answer some objections to expressivist views. First, I briefly comment on some limitations of pragmatic accounts of harmful speech. I then present an expressive-normative view of derogatory discourse according to which it is expressive of an affective state by presupposing it. A linguistic act expressive of an affective state inherits the normativity that is constitutive of that state, as directed to its intentional object. If the (...) act is successful, it updates the conversational context with the normative appraisal conditions of the affective state presupposed. I argue that this model can be applied to hate speech. I rely on current research on the psychology of hate to identify the appraisal conditions, action tendencies, and motivational goals characteristic of hate. The account supplements other pragmatic accounts of hate speech. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show (...) that our view has distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate (...) class='Hi'>speech effects its harms is built around claims about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

The use of language in hate speech is understandably offensive. Though words do not kill, they convey an alarming message that can harm the victim. To understand how words can harm, it is necessary to understand the nature of the meaning of pejoratives or slurs that are used in hate speech. Pejoratives are undeniably offensive. However, they are puzzling as they can be used in two directions, namely, the offensive power preservation and the offensive power destruction. (...) This paper proposes that the direct reference theory of pejoratives can solve the puzzle. A characterization of pejoratives is that it has the property of immediacy. They refer directly to the object of speech. Grounding on a shared context, any descriptions are unnecessary for understanding the offensive message of pejoratives. In this sense, pejoratives have indexical content as it is context-sensitive. The kind of indexical content that pertains to pejoratives is action-oriented. However, its object of reference is empty. In discussing pejoratives that are used in hate speech, some examples of Thai slurs are shown. (shrink)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

At first glance, hate speech and microaggressions seem to have little overlap beyond being communicated verbally or in written form. Hate speech seems clearly macro-aggressive: an intentional, obviously harmful act lacking the ambiguity (and plausible deniability) of microaggressions. If we look back at historical discussions of hate speech, however, many of these assumed differences turn out to be points of similarity. The harmfulness of hate speech only became widely acknowledged after a concerted (...) effort by critical race theorists, feminists, and other activists. Before the 1990s, slurs were widely considered socially acceptable behavior: mere jokes that weren’t intended to be harmful. Authors like Richard Delgado, Mari Matsuda, and Charles Lawrence pushed back against this dismissal. In this chapter, I show that their arguments for the serious harmfulness of hate speech prefigure and provide support for current debates about the serious harmfulness of microaggressions. Exploring resonances with the 1980s hate speech debate will allow us to explain why microaggressions fall below the cutoff for legal liability but remain apt targets for moral blame. (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)

_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)

Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and (...) moral disputes surrounding hate speech laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study. (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)

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)

‘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)

Overall, there’s a rich literature on free speech and hate speech. However, there’s been comparatively less discussion on hate speech that brings in empirical psychological and medical evidence on the possible health harms hate speech can have for minorities. I introduce and piece together a set of pre-existing scientific data that’s new to the philosophical literature to help sufficiently establish an argument that governments should ban hate speech. Given the adverse effects (...) hate speech can have on one’s mental and physical health, hate speech causes harm at many times. Since it causes such harm and leads to overridingly negative consequences, the government ought to regulate such speech. (shrink)

This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. (...) We then develop a critical response to this view with three main focal points: (1) the characterisation of democratic legitimacy as something distinct from (and whose demands aren’t identical with those of) legitimacy per se; (2) the claim that the requirements of democracy are hypothetical, rather than categorical, imperatives; and relatedly (3) the question of how we should reconcile the requirements of democratic legitimacy with the costs that may follow from prioritising democratic legitimacy. We argue that there are significant difficulties for Heinze’s account on all three fronts. (shrink)

Hate speech, understood broadly, is any form of expression intended to arouse hatred or contempt toward members of a particular social group. When university administrators have reason to believe that a planned speaking event on campus may feature hate speech (at least in the eyes of some), how should they respond? In this paper I address this question as it arises for Canadian universities. I argue that, where the regulation of campus speech is concerned, the (...) right course of action for university administrators is nearly always to do absolutely nothing. They will have reason to become actively involved only in order to ensure that a speaking event proceeds safely, or when it threatens to disrupt the functioning of the university, or when it is itself threatened with disruption by protesting groups. In those instances the justification for intervention will be to protect and facilitate speech, not to shut it down. (shrink)

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

This chapter explores the nature of dehumanizing speech. It begins by considering the nature of dehumanization simpliciter, building on the work of David Livingstone Smith. It argues that dehumanization can take multiple forms; it can be demonizing, enfeebling, mechanizing, or objectifying. It then argues, contra Smith, that dehumanization is not always a way of conceiving of someone. Instead, dehumanization can also be a linguistic phenomenon, whereby one asserts, implicates, or presupposes dehumanizing propositions or attitudes. The chapter then explores how (...) one might assert dehumanizing propositions, and suggests that one can do this with both literal and figurative language. It also explains why some uses of animalistic figurative language are dehumanizing and some are not. The chapter concludes by identifying a uniquely linguistic version of the paradox of dehumanization: dehumanizing speakers who directly address their targets often assert that these targets are subhuman, while, through the mechanism of second-personal address, presupposing that they are human after all. (shrink)

A lot of subordinating speech has moved online, which raises several questions for philosophers. Can current accounts of oppressive speech adequately capture digital hate? How does the anonymity of online harassers contribute to the force of their speech? This paper examines online abuse and argues that standard accounts of licensing and accommodation are not up to the task of explaining the authority of online hate speech, as speaker authority often depends on the community in (...) more ways than these accounts suggests. Instead I argue that online abusive speech is best understood as collective subordinating speech acts, as their authority is drawn from an ad hoc collective. I argue that anonymity and shared language offer online abusers a path to a type of group-authority that explains the harm their speech is capable of. I close by suggesting that similar considerations are in play for IRL subordinating speech, and that online abuse helps to reveal key features of subordinating speech across mediums that are under-emphasized in the existing literature. (shrink)

Through the lens of feminist speech act theory, this paper argues that artificial intelligence romance systems objectify and subordinate nonvirtual women. AI romance systems treat their users as consumers, offering them relational invulnerability and control over their (usually feminized) digital romantic partner. This paper argues that, though the output of AI chatbots may not generally constitute speech, the framework offered by an AI romance system communicates an unjust perspective on intimate relationships. Through normalizing controlling one’s intimate partner, these (...) systems operate as speakers that rank women as non-player characters and license their oppression, which is unjust even in the absence of empirical harms. Understanding AI romance systems as speakers has implications for policymakers. First, this account helps close the so-called responsibility gap in the operation of an AI system. Second, it places these systems under the purview of institutions’ policies regarding hate speech, suggesting one avenue for arguing that these systems may violate extant policies. Finally, it provides support for the pursuit of empirical research into AI romance systems’ effects on users. (shrink)

While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability gains against (...) citizens’ judgements about their liberal democratic institutions. (shrink)

This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some cases, (...) large paradigm shifts. I also examine cases that have yet to be adequately addressed by philosophers working on this topic, like the explosion of abusive speech online (chapter four) or the distinctive speech acts of protest groups (chapter five). I argue that by considering these alongside the ‘paradigm’ cases of subordinating speech that inform most models, we are better able to capture the lived realities of this phenomena, as described by members of groups targeted by such speech. I develop a novel account of speaker authority to explain the variety of pragmatic effects subordinating speech generates. Instead of seeing this authority as reducible to either a formal position or a merely local, linguistic phenomenon, I argue for a conception of speaker authority that is a richly contextual social fact, distributed unevenly among members of different social groups. I also develop an account of collective authority that explains how a group of speakers can join together to subordinate in a way that no individual speaker is capable of doing. This account, I argue, is better able to explain the social reality of subordinating speech than individualist models. Overall, I show how a more fine-grained account of subordinating speaker authority gives us a more accurate picture of the different subordinating speech acts available to different speakers, along with how these may harm their targets. (shrink)

This paper clarifies the legal right to free speech, identifies ways that speech can be harmful, and discusses pornography hate speech, and lies. It is also written for a non-technical audience.

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)

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)

Making sense of MacKinnon’s claim that pornography silences women requires attention to the discursive and interpretive frameworks that pornography establishes and promotes. Treating pornography as a form of hate speech is promising, but also limited. A close examination of a legal case, in which pornographic images were used to sexually harass, focuses on the hate speech analogy while illustrating the broad and lasting impact of such depictions when targeted at an individual. Applying the distinction between Absolutist (...) and Reclaimer approaches to hate speech and derogatory terms, the article concludes with a discussion of the possibility of creative development of discursive practices within a context that undermines the semantic authority of members of certain groups. (shrink)

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)

Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition to (...) our moral obligations, we also have a distinct set of epistemic obligations—and even when a false belief doesn’t harm anyone, it constitutes an epistemically bad outcome. Moreover, Mill was profoundly mistaken about human psychology: human beings are vulnerable to the influence of a wide variety of false claims via a wide variety of psychological mechanisms. Consequently, there is a purely epistemic justification for restricting the distribution of misinformation: because each of us has an individual epistemic obligation to avoid unnecessary exposure to misinformation, and because avoiding such exposure is simply too difficult when acting alone, we all have a shared epistemic obligation to establish laws or regulations restricting the widespread distribution of misinformation. (shrink)

We are often told that public hate speech is something that deviates from what is standard in contemporary liberal democracies. So far, much of the literature has focused on the allegedly bad effects of such deviations as well as on measures to bring liberal democracies back to the normal course of events. Less has been said on the fundamental assumption that at a certain moment in time, and within that political context, hate speech is out of (...) the ordinary. In this paper, drawing upon pragmatics, I contend that often public hate speech responds to a supply-demand logic, where speakers fulfill expectations by attacking target groups. Within this scheme, hate speech would be an answer to what a certain audience is ready to listen. At that moment of time, and within that political context, therefore, I argue in this article, hate speech is ordinary. (shrink)

Harmful and dangerous language is frequent in social media, in particular in spaces which are considered anonymous and/or allow free participation. In this paper, we analyse the language in a Telegram channel populated by followers of Donald Trump, in order to identify the ways in which harmful language is used to create a specific narrative in a group of mostly like-minded discussants. Our research has several aims. First, we create an extended taxonomy of potentially harmful language that includes not only (...) hate speech and direct insults, but also more indirect ways of poisoning online discourse, such as divisive speech and the glorification of violence. We apply this taxonomy to a large portion of the corpus. Our data gives empirical evidence for harmful speech such as in/out-group divisive language and the use of codes within certain communities which have not often been investigated before. Second, we compare our manual annotations to several automatic methods of classifying hate speech and offensive language, namely list based and machine learning based approaches. We find that the Telegram data set still poses particular challenges for these automatic methods. Finally, we argue for the value of studying such naturally occurring, coherent data sets for research on online harm and how to address it in linguistics and philosophy. (shrink)

There is an ongoing discussion among scholars as well as among the public about whether liberal democracies should have laws against hate speech. Proponents of hate speech laws argue that these laws play a crucial part in liberal democracies since they help ensure the protection of basic rights, such as every citizen being treated equally with respect. Opponents of hate speech laws, on the other hand, argue that hate speech laws are a (...) threat to freedom of (political) speech and that, hence, these laws are illegitimate in a liberal democracy. I argue that hate speech laws can actually work both as a protection for minority groups, while at the same time also as a defence against unreasonable demands for restrictions on (political) speech. Further, I argue that laws against hate speech are an expression of democratic formation, meaning that the respect for, and protection of, minorities should be an inherent part of an enlightened and educated modern democracy. I present an argument from democratic formation, which builds on foundational pillars of democracy such as dignity, civility, equality, and critical thinking. I hold that phenomena like cancel culture and ‘extreme political correctness’ are a result of a tendency towards the decline of democratic formation in modern society in general – something, which springs from, inter alia, decades of a growing focus on technological development, while at the same time a decreasing focus on critical thinking in the educational system. (shrink)

Gail Murrow and Richard Murrow offer a novel account of dehumanization, by synthesizing data which suggest that where subject S has a dehumanized view of group G, S‘s neural mechanisms of empathy show a dampened response to the suffering of members of G, and S‘s judgments about the humanity of members of G are largely non-conscious. Here I examine Murrow and Murrow‘s suggestions about how identity-based hate speech bears responsibility for dehumanization in the first place. I identify a (...) distinction between (i) accounts of the nature of the harm effected by identity prejudice, and (ii) accounts of how hate speech contributes to the harms of identity prejudice. I then explain why Murrow and Murrow‘s proposal is more aptly construed as an account of type (i), and explain why accounts of this type, even if they‘re plausible and evidentially well-supported, have limited implications in relation to justifications for anti-hate speech law. (shrink)

-/- Shitstorms, Hate Speech oder virale Videos, die zum Klicken, Liken, Teilen bewegen: Die vernetzte Gesellschaft ist von Affekten getrieben und bringt selbst ganz neue Affekte hervor. -/- Die Beiträge des Bandes nehmen die medientechnologischen Entwicklungen unserer Zeit in den Blick und untersuchen sie aus der Perspektive einer kritischen Affekt- und Sozialphilosophie. Sie zeigen: Soziale Medien und digitale Plattformen sind nicht nur Räume des Austauschs, sie erschaffen Affektökonomien – und darin liegt auch ihre Macht. Indem sie neue Formen (...) des sozialen Umgangs stiften und bestimmen, wie wir kommunizieren, verschieben sie auch die politische Topographie. -/- Mit einem Beitrag von Antonio Negri. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to (...) be undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize (...) themselves in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

Thinking of the evils of homophobia and what is needed to survive them requires acknowledging a new category of evil besides the evils of individual deeds, social practices and social structures. That further category is evil social environments. Building on the work of Jeremy Waldron on the harm in hate speech, this chapter extends that account to certain hate crimes that, like the written word, send a lingering social message. The cases of four women survivors of homophobia (...) are then examined in relation to such harm. Two who wrote memoirs had been targeted for murder, one in an evil environment, the other in a more positively responsive environment. The remaining two survival stories are less dramatic. But they are important in how they illustrate ordinary challenges faced successfully by lesbians and gay men in emotionally toxic environments, and how, in this sense, those not directly threatened with murder might still be justly regarded as survivors. The chapter concludes with reflections on the meanings of survival and some of the costs of surviving an evil homophobic environment. (shrink)