Abstract‘Counterspeech’ is often presented as a way in which individual citizens can respond to harmful speech while avoiding the potentially coercive and freedom-damaging effects of formal speech restrictions. But counterspeech itself can also undermine freedom by contributing to forms of social punishment that manipulate a speaker’s choice set in uncontrolled ways. Specifically, and by adopting a republican perspective, this paper argues that certain kinds of counterspeech candominatewhen they contribute to unchecked social norms that enable others to interfere arbitrarily with speakers. (...) The presence of such domination can pose just as much a threat to freedom of speech as unchecked formal restrictions by threatening an individual’s discursive status, revealing a problem for those who defend counterspeech as a freedom-protecting alternative. Rather than rejecting both counterspeech and legislation outright, however, this paper argues that the republican principle ofparsimonyought to be exercised when deciding on appropriate harmful speech response. While the principle of parsimony allows for suitably-checked formal punishment for some of the most egregious forms of harmful speech, citizen-led counterspeech must be guided by a reliable set of norms against the use of social punishment where those who do engage in social punishment face certain costs. The presence of robust, widely-known, and reliable norms thus supports both formal and informal responses to harmful speech while maintaining a secure discursive status for all. (shrink)

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 (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)