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  1. R.K. Nar*y*n on freedom of speech and fair equality of opportunity.Terence Rajivan Edward - manuscript
    In this paper, I present an obstacle to realizing John Rawls’s system of justice. The basic liberties have lexical priority, but they risk undermining fair equality of opportunity, because freedom of speech allows us to spread false prejudices. I present the obstacle through a pastiche of a notable fiction writer from the Indian sub-continent.
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  2. Some Currently Popular Errors About Identity: A Critique of “Identity Politics”.Tony Summer - manuscript
    Personal fulfilment depends upon knowledge of one’s identity. A person discovers her identity by trial and error. The experimentation and critical evaluation that are indispensable for that are inhibited by various strands of the currently trendy “identity politics.” I identify and criticise six errors: that self-identification determines identity; that one discovers one’s identity by looking inward; that a person’s identity is substantially determined by her inherited culture; that one can discover one’s identity through consciousness-raising; that criticism or microaggression undermines a (...)
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  3. Book Censorship in France.David Armstrong & Thomas M. Burton - forthcoming - Journal of Information Ethics.
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  4. Legal Foundations and Social Responsibility of Freedom of Speech in Kazakhstan.Bekgzhan Ashirbayev, Nurzhan Kuantayev, Bolatbek Tolepbergen, Alibek Shegebayev & Askar Duisenbi - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-15.
    Despite the fact that in recent years there has been an active trend of growth of freedom of expression in Kazakhstan, domestic legislative and judicial practice lags far behind international standards. The purpose of the study is to examine the legal situation concerning freedom of expression in Kazakhstan, particularly with regard to the functioning of the media, and to find ways to effectively ensure and adequately regulate this issue in law. The methodological approach is based on the dialectical method used (...)
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  5. Disagreement and Free Speech.Sebastien Bishop & Robert Mark Simpson - forthcoming - In Maria Baghramian, J. Adam Carter & Rach Cosker-Rowland (eds.), Routledge Handbook of Disagreement. Routledge.
    This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...)
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  6. ‘It was just a joke!’ Comedy and freedom of speech.Simeon Goldstraw - forthcoming - European Journal of Political Theory.
    Debates about controversial comedy are rife in public discourse. However, despite a great interest in wider issues surrounding freedom of expression, political philosophers have had curiously little to say about comedy. This is a costly omission because in mainstream public debates, many of the worries about the potential harms of comedy are often confused or conflated, and both the defences of comedians to use controversial material and calls for censorship of such material are usually under-theorised. This paper takes a step (...)
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  7. Is There a Duty to Speak Your Mind?Michael Hannon - forthcoming - Social Epistemology:1-16.
    In his recent book, Joshi (2021) argues that the open exchange of ideas is essential for the flourishing of individuals and society. He provides two arguments for this claim. First, speaking your mind is essential for the common good: we enhance our collective ability to reach the truth if we share evidence and offer different perspectives. Second, speaking your mind is good for your own sake: it is necessary to develop your rational faculties and exercise intellectual independence, both of which (...)
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  8. Democracy, Paternalism, and Campaign Finance.Adam Hosein - forthcoming - Public Affairs Quarterly.
  9. (Not So) Happy Cows: An Autonomy-Based Argument for Regulating Animal Industry Misleading Commercial Speech.Rubén Marciel & Pablo Magaña - forthcoming - Journal of Applied Philosophy.
    Happy cow messages are instances of commercial speech by the animal industry which, by action or by omission, mislead consumers about the harmful effects that the industry has for nonhuman animals, the environment, or human health. Despite their ubiquity, happy cow messages have received little philosophical scrutiny. This paper aims to call attention to this form of speech, and to make the case for its restriction. To do so we first conceptualize happy cow messages. Second, we argue that they encroach (...)
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  10. Adding Insult to Injury.Sebastien Bishop - 2024 - Journal of Ethics and Social Philosophy 27 (2).
    Should the government censor dangerous anti-vaccination propoganda? Should it restrict the praise of terrorist groups, or speech intended to promote discriminatory attitudes? In other words, should the government curb the advocacy of dangerous ideas and actions (i.e. 'harmful advocacy'), or should the government take a more permissive approach? Strong free speech supporters argue that citizens should be free to engage in and to hear harmful advocacy, arguing that restrictions are deeply objectionable at best, and, at worst, wholly impermissible. To support (...)
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  11. Misinformation, Content Moderation, and Epistemology: Protecting Knowledge.Keith Raymond Harris - 2024 - Routledge.
    This book argues that misinformation poses a multi-faceted threat to knowledge, while arguing that some forms of content moderation risk exacerbating these threats. It proposes alternative forms of content moderation that aim to address this complexity while enhancing human epistemic agency. The proliferation of fake news, false conspiracy theories, and other forms of misinformation on the internet and especially social media is widely recognized as a threat to individual knowledge and, consequently, to collective deliberation and democracy itself. This book argues (...)
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  12. A Dilemma Regarding Academic Freedom and Public Accountability in Higher Education (repr.).Thaddeus Metz - 2024 - In Yamikani Ndasauka & Garton Kamchedzera (eds.), Academic Freedom in Africa. Routledge. pp. ch. 12.
    Reprint of an article published in the Journal of Philosophy of Education (2010) about the tension between a right to academic freedom and a responsibility to promote public goods, discussed largely in the African context.
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  13. Epistemic obligations and free speech.Boyd Millar - 2024 - Analytic Philosophy 65 (2):203-222.
    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 (...)
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  14. Should We Unbundle Free Speech and Press Freedom?Robert Mark Simpson & Damien Storey - 2024 - In Carl Fox & Joe Saunders (eds.), Routledge Handbook of Philosophy and Media Ethics. Routledge. pp. 69-80.
    This paper presents an account of the ethical and conceptual relationship between free speech and press freedom. Many authors have argued that, despite there being some common ground between them, these two liberties should be treated as properly distinct, both theoretically and practically. The core of the argument, for this “unbundling” approach, is that conflating free speech and press freedom makes it too easy for reasonable democratic regulations on press freedom to be portrayed, by their opponents, as part of a (...)
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  15. (When) Are Authors Culpable for Causing Harm?Marcus Arvan - 2023 - Journal of Moral Philosophy 20 (1-2):47-78.
    To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...)
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  16. What's the Point of Protest?Parry Jonathan - 2023 - Lse Philosophy Blog.
    Some thoughts on the value(s) of political protest, to mark the 20th anniversary of the 2003 anti-war demonstrations.
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  17. Selective Pressures: No-Platforming and Academic Freedom.Gerald Lang - 2023 - Pea Soup Blog.
    I investigate the case for being comparatively relaxed about academic no-platforming, based on the 'gatekeeping argument' and 'selectivity argument'. I find more to be concerned about than these arguments suggest.
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  18. On Media Reports, Politicians, Indirection, and Duplicity.Mary Kate McGowan - 2023 - Topoi 42 (2):407-417.
    We often say one thing and mean another. This kind of indirection (concerning the content conveyed) is both ubiquitous and widely recognized. Other forms of indirection, however, are less common and less discussed. For example, we can sometimes address one person with the primary intention of being overheard by someone else. And, sometimes speakers say something simply in order to make it possible for someone else to say that they said it. Politicians generating sounds bites for the media are an (...)
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  19. The Basic Liberties: An Essay on Analytical Specification.Stephen K. McLeod & Attila Tanyi - 2023 - European Journal of Political Theory 22 (3):465-486.
    We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...)
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  20. Heckling, Free Speech, and Freedom of Association.Emily McTernan & Robert Mark Simpson - 2023 - Mind 133 (529):117-142.
    People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. But what can we say, then, (...)
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  21. Freedom of speech and cognitive vices. Kant's and current Kantian perspectives.Jean-Christophe Merle - 2023 - Ethic@: An International Journal for Moral Philosophy 22 (2).
    Whereas liberal philosophers, from Mill to Rawls, traditionally make a plea for a very extensive freedom of opinion and of the press, invoking the no harm principle, in the last two decades, such liberal philosophers as Onora O’Neill and Jürgen Habermas, rightly worrying about the rise of antidemocratic and illiberal tendencies in the social media and on the increasing diffusion of fake news, advocate not only a self-limitation of the press, but also for substantial restrictions on the freedom of the (...)
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  22. Hate Speech as Antithetical to Free Speech: The Real Polarity.Tiffany Elise Montoya - 2023 - Leiden, Netherlands: Brill. Edited by Will Barnes.
    I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...)
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  23. Cancel Culture: an Essentially Contested Concept?Claudio Novelli - 2023 - Athena - Critical Inquiries in Law, Philosophy and Globalization 1 (2):I-X.
    Cancel culture is a form of societal self-defense that becomes prominent particularly during periods of substantial moral upheaval. It can lead to the polarization of incompatible viewpoints if it is indiscriminately demonized. In this brief editorial letter, I consider framing cancel culture as an essentially contested concept (ECC), according to the theory of Walter B. Gallie, with the aim of establishing a groundwork for a more productive discourse on it. In particular, I propose that intermediate agreements and principles of reasonableness (...)
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  24. International Experience of Legal Regulation of Freedom of Speech in the Global Information Society.Yuriy Onishchyk, Liudmyla L. Golovko, Vasyl I. Ostapiak, Oleksandra V. Belichenko & Yurii O. Ulianchenko - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (3):1325-1339.
    The article presents the results of the analysis of international legal regulation of the protection of freedom of speech, the right to freedom of expression within the UN and the Council of Europe. A comparative analysis of the definition of the right to express views and beliefs in various international legal acts was made. The case law of the European Court of Human Rights in cases related to the exercise of the right to express one's views and beliefs on the (...)
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  25. Law as Counterspeech.Anjalee de Silva & Robert Mark Simpson - 2023 - Ethical Theory and Moral Practice 26 (4):493-510.
    A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...)
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  26. A Gricean Theory of Expressive Conduct.Richard P. Stillman - 2023 - University of Chicago Law Review 90 (4):1239-1280.
    In Spence v. Washington, the Supreme Court devised a two-part test for determining whether a nonverbal action is expressive conduct protected by the First Amendment. According to the Spence test, a nonverbal action is expressive if and only if: (1) it is intended to communicate a particularized message; and (2) in the circumstances in which the action is performed, the likelihood is great that the message will be understood by observers. -/- In subsequent cases, however, the Court has made clear (...)
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  27. Back to School: Matthew Kramer's Freedom of Expression as Self-Restraint.Sebastien Bishop - 2022 - Modern Law Review 86 (2):564-587.
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  28. Review of Alexander Brown and Adriana Sinclair, The Politics of Hate Speech Laws. [REVIEW]Sebastien Bishop - 2022 - Criminal Law and Philosophy 16 (1):223-229.
    This review critically summarises Alexander Brown and Adriana Sinclair’s book, The Politics of Hate Speech Laws. The review proceeds by canvassing the main arguments presented in each of the book’s nine chapters, while also highlighting the book’s overarching themes and ideas. Ultimately it is suggested that the book will be of use to anyone interested in the political and philosophical aspects of the highly vexed issue of hate speech regulation. In particular the review praises the book’s pluralistic, ecumenical style, arguing (...)
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  29. Freedom of speech: A relational defence.Matteo Bonotti & Jonathan Seglow - 2022 - Philosophy and Social Criticism 48 (4):515-529.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 515-529, May 2022. Much of the recent literature on freedom of speech has focused on the arguments for and against the regulation of certain kinds of speech. Discussions of hate speech and offensive speech, for example, abound in this literature, as do debates concerning the permissibility of pornography. Less attention has been paid, however, at least recently, to the normative foundations of freedom of speech where three classic justifications still prevail, based (...)
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  30. Freedom of speech: A relational defence.Matteo Bonotti & Jonathan Seglow - 2022 - Sage Publications Ltd: Philosophy and Social Criticism 48 (4):515-529.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 515-529, May 2022. Much of the recent literature on freedom of speech has focused on the arguments for and against the regulation of certain kinds of speech. Discussions of hate speech and offensive speech, for example, abound in this literature, as do debates concerning the permissibility of pornography. Less attention has been paid, however, at least recently, to the normative foundations of freedom of speech where three classic justifications still prevail, based (...)
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  31. Counterspeech.Bianca Cepollaro, Maxime Lepoutre & Robert Mark Simpson - 2022 - Philosophy Compass 18 (1):e12890.
    Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...)
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  32. Is J.S. Mill’s Account of Free Speech Sustainable in the Age of Social Media?Nevin Chellappah - 2022 - Stance 15:44-55.
    In this paper, I examine whether John Stuart Mill’s account of free speech can survive three main challenges posed by social media. First, I consider the problem of social media failing to distinguish between emotive and factual language. Second, I look at the problem of algorithms creating moralism. I then turn to a potential objection to my first two challenges. The objection elucidates the benefits of social media’s emotional and algorithmic character, amplifying arguments and increasing public engagement. However, I take (...)
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  33. The Possibility and Defensibility of NonState ‘Censorship’.Andrew Jason Cohen & Andrew I. Cohen - 2022 - In J. P. Messina (ed.), New Directions in the Ethics and Politics of Speech. New York, NY: Routledge. pp. 13-31.
    Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...)
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  34. 2022 Global Religious Recognition Report. Cometan - 2022 - Preston, UK: The Religious Recognition Project.
    Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...)
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  35. The Business of Liberty: Freedom and Information in Ethics, Politics, and Law.Boudewijn de Bruin - 2022 - Oxford, UK: Oxford University Press.
    What makes political freedom valuable to us? Two well-known arguments are that freedom contributes to our desire satisfaction and to our personal responsibility. Here, Boudewijn de Bruin argues that freedom is valuable when it is accompanied by knowledge. He offers an original and systematic account of the relationship between freedom and knowledge and defends two original normative ideals of known freedom and acknowledged freedom. -/- By combining psychological perspectives on choice and philosophical views on the value of knowledge, he shows (...)
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  36. Richard Sorabji, Freedom of Speech and Expression. Its History, Its Value, Its Good Use, and Its Misuse: The Rutgers Lectures in Philosophy. [REVIEW]Ana Laura Edelhoff - 2022 - Ancient Philosophy Today 4 (2):248-250.
    Ancient Philosophy Today, Volume 4, Issue 2, Page 248-250, October, 2022.
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  37. Reconciling Regulation with Scientific Autonomy in Dual-Use Research.Nicholas G. Evans, Michael J. Selgelid & Robert Mark Simpson - 2022 - Journal of Medicine and Philosophy 47 (1):72-94.
    In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...)
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  38. Freedom of speech in contemporary Arab societies from a gender perspective.Amel Grami - 2022 - Philosophy and Social Criticism 48 (4):580-589.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 580-589, May 2022. Women and girls in contemporary Arab societies suffer from various and intersecting forms of discrimination that deny them their enjoyment of fundamental human rights. The right to freedom of expression is one of the essential areas that may expose this gender-based discrimination and patriarchal attitudes. In many contexts, freedom of expression has enabled women to speak out and organize in civil, political, social, economic and cultural spheres and contexts; (...)
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  39. South Park as Philosophy: Blasphemy, Mockery, and (Absolute?) Freedom of Speech.David Kyle Johnson - 2022 - In The Palgrave Handbook of Popular Culture as Philosophy. Palgrave-Macmillan. pp. 633-672.
    Perhaps no show has ever engaged in philosophy as much as South Park. Although it has made many philosophical arguments, this chapter will focus on the arguments South Park makes regarding censorship and freedom of speech, especially the ones made in the banned episodes “Cartoon Wars” (Part I and II), “200” and “201.” Does catering to terrorism create more? Should we respond to terrorism by doing more of what the terrorist want to forbid? When it comes to mockery, is everything (...)
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  40. Freedom of speech in liberal and non-liberal traditions.Volker Kaul - 2022 - Philosophy and Social Criticism 48 (4):460-472.
    The article presents different theories and comparative analyses of freedom of speech in both liberal and non-liberal traditions. Whereas freedom of speech is not an absolute right, the question is if this right should depend wholly on the truth of the respective opinion or statement. Theories that justify free speech on the grounds of autonomy, tend to make truth a moral requirement of speech. Theories based on civility and public reason do restrict freedom of speech even further, often making a (...)
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  41. Replik: Tugendbezogene Einladungspolitik zwischen allen Stühlen.Geert Keil & Romy Jaster - 2022 - Deutsche Zeitschrift für Philosophie 70 (3):523-539.
    Die fünf Kommentare zu unserem Beitrag zeigen, dass wir uns mit unserem tugendbezogenen Kriterium für Vortragseinladungen zwischen alle Stühle gesetzt haben. Birgit Recki hält unser Kriterium für zu eng: Es schließe Personen aus, die erkenntnisbefördernde Beiträge leisten. Eva von Redecker und Daniel Loick halten unser Kriterium für zu weit: Es lasse bestimmte Formen von Rassismus zu, die an der Universität keinen Platz haben sollten. Dieter Schönecker und Maria-Sibylla Lotter sind der Meinung, wir argumentierten an den tatsächlich strittigen Fällen vorbei.
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  42. Wer muss draußen bleiben?Geert Keil & Romy Jaster - 2022 - Deutsche Zeitschrift für Philosophie 70 (3):474-491.
    The Special Focus on invitation policy at universities contains a target article by Romy Jaster and Geert Keil, five commentaries, and a response. The question under discussion is what disqualifies a person from being invited to speak at a university. On liberal, Millian approaches, the epistemic benefits of free speech preclude no-platforming policies. More restrictive approaches demand the exclusion of speakers who are considered racist or otherwise hostile against marginalized groups. Jaster and Keil take a virtue-based approach to invitation policy: (...)
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  43. Does hate speech express hate?Teresa Marques - 2022 - Justice Everywhere.
    In this post, Teresa Marques discusses her recent article in Journal of Applied Philosophy on whether hate is an essential component of hate speech. [blog post].
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  44. Media Dictatorship: How Schools and Educators Can Defend Freedom of Speech.Cedrick Ngalande - 2022 - Rowman & Littlefield Publishers.
    Media Dictatorship: How Schools and Educators Can Defend Freedom of Speech examines how the increasing power of the media is dangerous to democracy and modern civilization. Educators and administrators have a responsibility to develop a generation of students who value freedom of speech and can defend and sustain both democracy and civilization.
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  45. Slurs and Freedom of Speech.Stefan Rinner - 2022 - Journal of Applied Philosophy 40 (5):836-848.
    A very common argument against restrictions on hate speech says that since such restrictions curtail freedom of speech, they cause more harm than they prevent. A no less common reply has it that the harms caused by hate speech are sufficiently great to justify legal restrictions on free speech. In ‘Freedom of Expression and Derogatory Words’, West questions a common assumption of both arguments concerning the use of slurs, i.e. that restricting the use of slurs necessarily curtails freedom of speech. (...)
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  46. Public opinion on freedom of religion (and its limitations) in penitentiary establishments in the light of international regulations.Olga Sitarz, Anna Jaworska-Wieloch & Jakub Hanc - 2022 - Approaching Religion 12 (1):165-183.
    The issue of religious freedom while serving a sentence of imprisonment often occupies scientists from around the world. Basically, they agree that a prisoner, regardless of the act for which he or she has been convicted, has the right to religious freedom. Problems are posed, however, by the question of delimiting this freedom, especially at the level of the right to practise a chosen religion during prison isolation. The decisions of international tribunals and national courts are not uniform owing to (...)
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  47. Faking news, hiding data: New assaults on freedom of speech in India.Ananya Vajpeyi - 2022 - Philosophy and Social Criticism 48 (4):590-602.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 590-602, May 2022.
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  48. Faking news, hiding data: New assaults on freedom of speech in India.Ananya Vajpeyi - 2022 - Philosophy and Social Criticism 48 (4):590-602.
    Philosophy & Social Criticism, Ahead of Print.
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  49. Faking news, hiding data: New assaults on freedom of speech in India.Ananya Vajpeyi - 2022 - Sage Publications Ltd: Philosophy and Social Criticism 48 (4):590-602.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 590-602, May 2022.
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  50. Faking news, hiding data: New assaults on freedom of speech in India.Ananya Vajpeyi - 2022 - Philosophy and Social Criticism 48 (4):590-602.
    Philosophy & Social Criticism, Ahead of Print.
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