State Speech vs. Hate Speech

Essays in Philosophy 7 (1):83-100 (2006)
  Copy   BIBTEX

Abstract

This is, indeed, another work on the subject of hate speech regulation in the United States. And yet, it is not just another such work. For my goal here is not to settle the jurisprudential arguments regarding the possibility of any specific hate speech regulation, either extant or yet to be conceived, withstanding a Constitutional test. Nor is it my intention to demonstrate, on the basis of a comparative study of existing legislation, that such regulation either is or is not effective in addressing or redressing the social ills of hatred, discrimination, and inequality. Rather, I will achieve greater analytical clarity about just what the harms of hate speech are. I do so in order to reinvigorate the question about regulation with a new view of what exactly the object needing attention is, by demonstrating that though there are real harms here, the state cannot provide a regulatory remedy. Thus, in my conclusion I will assert that the question of what we might do differently in response to hate speech can only be answered —however provisionally—insofar as we first confront how we need to think differently about it. Specifically, I will argue that we need to replace the emphasis on redressing harms once they have occurred with a new emphasis on addressing, and ultimately eliminating, the conditions which make those harms possible in the first place.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,349

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Dignity, Harm, and Hate Speech.Robert Mark Simpson - 2013 - Law and Philosophy 32 (6):701-728.
What is hate speech? Part 1: The Myth of Hate.Alexander Brown - 2017 - Law and Philosophy 36 (4):419-468.
What is Hate Speech? Part 2: Family Resemblances.Alexander Brown - 2017 - Law and Philosophy 36 (5):561-613.
Hate Speech and the Problems of Agency.Kory Schaff - 2000 - Social Philosophy Today 16:185-201.
On Racist Hate Speech and the Scope of a Free Speech Principle.Mary Kate McGowan & Ishani Maitra - 2009 - Canadian Journal of Law and Jurisprudence 23 (2):343-372.

Analytics

Added to PP
2020-01-08

Downloads
14 (#961,492)

6 months
9 (#298,039)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references