This article argues that the theoretical concept of meta-argumentative fallacy is useful. The authors argue for this along two lines. The first is that with the concept, the authors may clarify the concept of meta-argumentation. That is, by theorizing where meta-argument goes wrong, the authors may capture the norms of this level of argumentation. The second is that the concept of meta-argumentative fallacies provides an explanatory model for a variety of errors in argument otherwise difficult to theorize. The authors take (...) three as exemplary: the straw man, both sides, and free speech fallacies. (shrink)

Free speech fallacies are errors of meta-argument. One commits a free speech fallacy when one argues that since there are apparent restrictions on one’s rights of free expression, procedural rules of critical exchange have been broken, and consequently, one’s preferred view is dialectically better off than it may otherwise seem. Free speech fallacies are meta-argumentative, since they occur at the level of assessing the dialectical situation in terms of norms of argument and in terms of meta-evidential principles of interpreting how (...) and why people follow (or fail to follow) argumentative rules. Our plan here is to begin with a brief explanation of meta-argument and meta-argumentative fallacy. We will then turn to the variety of forms of the free speech fallacy, which we will explain as meta-argumentatively erroneous. (shrink)