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Hate Speech Law: A Philosophical Examination

New York, NY: Routledge (2015)

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  1. Hate Speech on Campus: What Public Universities Can and Should Do to Counter Weaponized Intolerance.Rex Welshon - 2020 - Res Publica 26 (1):45-66.
    Democratic societies tolerate intolerance, but that obligation finds its limit when the security of its citizens is jeopardized or its institutions of liberty are imperiled. Similarly, universities tolerate intolerance, but that obligation finds its limit when threatened by weaponized intolerance advocates who disenfranchise and denigrate community members and imperil academic norms and professional standards of conduct. Then, just as democratic societies must protect their threatened citizens and safeguard their imperiled institutions of liberty, so universities must protect their threatened community members (...)
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  • Quarantining online hate speech: technical and ethical perspectives.Stefanie Ullmann & Marcus Tomalin - 2020 - Ethics and Information Technology 22 (1):69-80.
    In this paper we explore quarantining as a more ethical method for delimiting the spread of Hate Speech via online social media platforms. Currently, companies like Facebook, Twitter, and Google generally respondreactivelyto such material: offensive messages that have already been posted are reviewed by human moderators if complaints from users are received. The offensive posts are onlysubsequentlyremoved if the complaints are upheld; therefore, they still cause the recipients psychological harm. In addition, this approach has frequently been criticised for delimiting freedom (...)
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  • Hate Speech, Dignity and Self-Respect.Jonathan Seglow - 2016 - Ethical Theory and Moral Practice 19 (5):1103-1116.
    This paper engages with the recent dignity-based argument against hate speech proposed by Jeremy Waldron. It’s claimed that while Waldron makes progress by conceptualising dignity less as an inherent property and more as a civic status which hate speech undermines, his argument is nonetheless subject to the problem that there are many sources of citizens’ dignitary status besides speech. Moreover, insofar as dignity informs the grounds of individuals’ right to free speech, Waldron’s argument leaves us balancing hate speakers’ dignity against (...)
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  • Does Regulating Hate Speech Undermine Democratic Legitimacy? A Cautious ‘No’.Andrew Reid - 2020 - Res Publica 26 (2):181-199.
    This paper critiques the version of the argument that the regulation of hateful speech by the state undermines its democratic legitimacy made by Ronald Dworkin and James Weinstein. It argues that in some cases the harmful effects of hateful speech on the democratic process outweigh those of restriction. It does not challenge the central premise of the Legitimacy Argument, that a wide-ranging right to freedom of expression is an essential political right in a liberal democracy. Instead, it uses ideal and (...)
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  • Buses and Breaking Point: Freedom of Expression and the ‘Brexit’ Campaign.Andrew Reid - 2019 - Ethical Theory and Moral Practice 22 (3):623-637.
    In the aftermath of the ‘Brexit’ referendum two pieces of campaign material used by the successful Leave campaign proved controversial: a slogan on the side of a bus fallaciously implying that leaving the EU would necessarily free up £350 million a week for the NHS; and a poster stating that Britain was at “Breaking Point” – purportedly due to an influx of migrants – that was redolent of Nazi propaganda. This paper analyses and develops some criticisms that were levelled at (...)
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  • Uneven Epithets.Nicole Ramsoomair - 2019 - Feminist Philosophy Quarterly 5 (4).
    In this paper, I derive a test for distinguishing between derogatory terms by expanding upon Seana Shiffrin’s recent “thinker-based approach.” Protection on her account extends to many forms of speech due to a connection between speech and an individual’s development of autonomous thought. Shiffrin questions whether there is protection for corporate and commercial speech. The latter have a tendency to interfere with autonomous thought processes and do not clearly serve their development. I argue that these reasons for limitation serve as (...)
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  • A Republican Approach to Jerkish Speech on Online Platforms.Bernd Hoeksema - 2023 - Topoi 42 (3):891-902.
    Jerkish speech on online platforms is at risk of being overlooked as a result of being comparatively insignificant next to the existence of explicit hate speech or other online harms. In this paper I approach online jerkish speech from a republican perspective. I discuss two ways in which republicans can account for jerkish speech. First, jerkish speech could amount to micro-domination, referring to instances of domination that are relatively inconsequential by themselves but problematic when considered in aggregate. Second, jerkish speech (...)
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  • Terrorist-Extremist Speech and Hate Speech: Understanding the Similarities and Differences.Katharine Gelber - 2019 - Ethical Theory and Moral Practice 22 (3):607-622.
    The terms ‘hate’ and ‘hatred’ are increasingly used to describe the rationale of a kind of anti-Western terrorist-extremist speech. This discursively links this kind of terrorist-extremist speech with the well-known concept of ‘hate speech’, a link that suggests the two phenomena are more alike than they are unlike. In this article I interrogate the similarities and differences between anti-Western terrorist-extremist speech and hate speech as they manifest in Western liberal democratic states along two axes: to whom the speech is addressed, (...)
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  • Democratic legitimacy, political speech and viewpoint neutrality.Kristian Skagen Ekeli - 2021 - Philosophy and Social Criticism 47 (6):723-752.
    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 (...)
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  • Are Hate Speech Laws Useless? An Appraisal of Eric Heinze’s Arguments.Stéphane Courtois - 2022 - Res Publica 28 (2):249-269.
    Most Western democracies and international institutions have currently adopted a range of policies aimed at regulating hate speech. However, the kinds of target groups that hate speech regulations seek to protect have not been clearly defined yet. In a series of publications, Eric Heinze has challenged the coherence of such regulations. His core thesis is that hate speech laws have simply no place in longstanding, stable, and prosperous democracies. In this paper, I examine the three main charges Heinze raises against (...)
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  • Cosmopolitan Democratic and Communicative Rights: The Danish Cartoons Controversy and the Right to Be Heard, Even Across Borders.Alexander Brown & Sune Lægaard - 2020 - Human Rights Review 22 (1):23-43.
    During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...)
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  • Self-Respect, Domination and Religiously Offensive Speech.Matteo Bonotti & Jonathan Seglow - 2019 - Ethical Theory and Moral Practice 22 (3):589-605.
    Religiously offensive speech, i.e. speech that offends members of religious groups, especially religious minorities, is on the rise in western liberal democracies, particularly following the recent wave of right-wing populism in the UK, the US and beyond. But when is such speech wrongful? This paper argues that the wrongfulness of some religiously offensive speech does not depend on some intrinsic feature of it, or on the subjective reaction of its targets. Instead, such wrongfulness depends on the fact that religiously offensive (...)
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  • Review of: Brian Leiter, Why Tolerate Religion?: Princeton and Oxford: Princeton University Press, 2014 Paperback 187 pp. ISBN 978-061-16,354-3 € 17,99. [REVIEW]Matteo Bonotti - 2016 - Ethical Theory and Moral Practice 19 (3):797-799.
  • State Speech as a Response to Hate Speech: Assessing ‘Transformative Liberalism’.Paul Billingham - 2019 - Ethical Theory and Moral Practice 22 (3):639-655.
    ‘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 (...)
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  • Introduction: Hate, Offence and Free Speech in a Changing World.Paul Billingham & Matteo Bonotti - 2019 - Ethical Theory and Moral Practice 22 (3):531-537.
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  • The Mental and Physical Health Argument Against Hate Speech.John Park - 2023 - Journal of Cognition and Neuroethics 9:13-34.
    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 (...)
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  • Discorsi d'odio come pratiche ordinarie.Corrado Fumagalli - 2019 - Biblioteca Della Libertà 224 (LIV):55-75.
    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 (...)
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  • Subordinating Speech and the Construction of Social Hierarchies.Michael Randall Barnes - 2019 - Dissertation, Georgetown University
    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. (...)
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