Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - (...) questions which these speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Reading Protagoras' Great Speech as an honest statement of that Sophist's beliefs, it is argued that nowhere therein does Protagoras make any appeal to an antithesis of nomos and phusis . This paper argues that Protagoras understands civic virtue as the result of a process of socialization that works on existing predispositions to be virtuous, that are naturally possessed by each individual citizen. On Protagoras' analysis, prudence and virtue might sometimes conflict, and it is tempting to think that this (...) conflict might be cognate with that of nature and law. However, this is not the case, since prudence and virtue do not seem on Protagoras' account to be always and everywhere opposed. Hence, nowhere in his Speech does Protagoras make any clear appeal to a nomos-phusis antithesis. (shrink)

This Article addresses the question of what limits, if any, freedom of speech would place on holding authors liable for the reputational damage they cause with fiction. By “freedom of speech” I am not referring to the First Amendment but rather to one conception of the moral idea underlying it. According to this conception, the limits that freedom of speech places on the scope of authors’ liability for causing false and defamatory beliefs are whatever limits are necessary (...) to adequately protect our interests as potential authors and audiences, and whose costs are acceptable in terms of other interests. To apply this conception, it will be necessary to identify our interests as potential authors of and audiences for fiction about real people, and to assess how these interests would be affected by different limits. Ultimately, I will argue that freedom of speech is consistent with holding authors liable for reputational damage caused by their violations of fiction’s “veracity rules” and for reputational damage caused by mistakes that their target audience would be expected to make. But liability for beliefs that are traceable to mistakes that only an author’s incidental audience would be expected to make is, I will argue, prohibitedby freedom of speech, so long as the costs of that protection remain acceptable. (shrink)

At Varro LL VI.56 and SE M 8.275-276, we find reports of the Stoic view that children and articulate non-rational animals such as parrots cannot genuinely speak. Absent from these testimonia is the peculiar case of the superficiality of the actor’s speech, which appears in one edition of the unstable text of PHerc 307.9 containing fragments of Chrysippus’ Logical Investigations. Commentators who include this edition of the text in their discussions of the Stoic theory of speech do not (...) offer a univocal account of the superficiality of the parrot’s, the child’s, and the actor’s speech. In this paper, I offer a reconstruction of the Stoic account of genuine and superficial speech and show that not only is there an account of superficial speech that univocally explains the superficiality of the speech of parrots, children, and actors, but that this account challenges traditional assumptions about the entities at the heart of the Stoic theory of language—lekta. It will turn out that genuine speech is the expression of a lekton by way of performing a speech act, and that this account of superficial speech can be used to explain other linguistic phenomena that are of interest to the Stoics, such as sentences in insoluble sophisms and sentences containing demonstratives that do not refer to anything in the subject term. Importantly, my reconstruction shows, against the near consensus view of lekta, that lekta do not primarily explain what makes an utterance meaningful. Rather, they primarily explain what makes an utterance an instance of genuine speech. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal liability (...) for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

Recent years have seen recurring episodes of tension between proponents of freedom of speech and advocates of the disenfranchised. Recent survey research attests to the ideological division in attitudes toward free speech, whereby conservatives report greater support for free speech than progressives do. Intrigued by the question of whether “canceling” is indeed a uniquely progressive tendency, we conducted a vignette-based experiment examining judgments of offensiveness among progressives and conservatives. Contrary to the dominant portrayal of progressives and conservatives, (...) our study documented ideological symmetry in their evaluations of offensive speech. When faced with utterances whose content matters to them, both conservatives and progressives viewed outgroup speakers as more offensive than ingroup speakers. A second contribution of this chapter is to provide a deeper understanding of the cognitive mechanism implicated in evaluating outgroup speech as more offensive than ingroup speech. Our results suggest that perception of offensiveness is mediated by ascriptions of intent: we tend to attribute negative intent to the speaker whenever we deem their utterances to be offensive, even against the explicitly stated speaker’s background attitudes. (shrink)

A common approach to drawing boundary between fiction and non-fiction is by appeal to the kinds of speech acts performed by authors of works of the respective categories. Searle, for example, takes fiction to be the product of illocutionary pretense of various kinds on the part of authors and non-fiction to be the product of genuine illocutionary action.1 Currie, in contrast, takes fiction to be the product of sui generis fictional illocutionary action on the part of authors and non-fiction (...) to be the product of assertion and other familiar kinds of illocutionary action.2 The central thesis of this paper is that the speech act approach to fictionality is simply a non-starter. Now it is, of course, commonplace to note that approaches of this kind run into difficulty accommodating nonliterary fictions3 and uncomposed or authorless fictions. What will be argued here, however, is that speech acts analyses are inadequate even understood narrowly as accounts of composed literary fiction. And the reason is that they fail to adequately attend to the distinction between composition and storytelling. (shrink)

I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, (...) and influence. Second, it facilitates efforts to combat hatred by revealing which prejudiced members of society must be persuaded or discredited by those seeking to promote tolerance. (shrink)

Among the attempts to oppose tobacco control legislation, the tobacco industry has alleged violations of its right to commercial speech. While the disputes that took place in some jurisdictions like the United States (US), Canada, or the European Union (EU) have been already analyzed, much less is known about how, globally, this doctrine has influenced the adoption of tobacco control measures. This article contributes to filling this gap by illustrating how the commercial speech doctrine influenced the negotiations of (...) the Framework Convention on Tobacco Control (FCTC). Moreover, using the Tobacco Control Database of Campaign for Tobacco-Free Kids, it shows that arguments on commercial speech have been used to challenge tobacco control measures in an increasing number of countries. (shrink)

Government agencies in New Zealand are not required to systematically collect data on online hate speech, thus, there is a lack of longitudinal evidence regarding this phenomenon. This report presents trends in personal experiences of and exposure to online hate speech among adult New Zealanders based on nationally representative data. The findings from this study are also compared with results from a similar research study conducted in 2018. In addition, this report explores people’s perceptions about other issues related (...) to hate speech. The goal of this study is to fill some knowledge gaps regarding the extent and nature of hate speech in New Zealand. It also seeks to provide reliable and robust evidence to inform public conversation on the topic and the implementation of strategies and activities to ensure all New Zealanders, no matter what their characteristics, are safe online to benefit from the multiple opportunities of the digital environment. (shrink)

This paper outlines limitations to integrating social meaning into cognitive models of speech production and processing. The authors remind the reader that acoustic space is not the same as articulatory or auditory space and they point to the benefits of using relatively uncommon dynamic methods of acoustic analysis. Further, the authors argue in favor of a more complex and socially‐informed conception of ‘style’ than is typically used in work on language cognition.

Culture can be said to be about the business of 'self-replication'. From the moment of conception, it impresses its patterns and rhythms on the developing, infinitely plastic neuronal substrate of the fetal organism. It shapes this substrate to become preferentially sensitive to its patterns and thus to seek to replicate them as an adult. This process of neural shaping continues throughout life as the capacity of the brain to reorganize itself according to the uses to which it addresses itself never (...) ceases. The extraordinary capacity of culture to extract different abilities from the biological form is clearly manifest in the lexical, vocal, tool manufacture, and writing capabilities emerging in bonobos raised in a Pan/Homo culture. These findings render moot old questions regarding the innate limits of the ape brain. They raise instead far more productive questions about the form and function of the perpetual dance that is constantly taking place between plastic neuronal systems and their external culturally devised ways of being. (shrink)

This article aims to develop a ground for freedom of speech that combines two justifications – democratic participation and autonomy. First, it is argued that consequentialist justifications, such as discovery of truth and personal development, are far from providing a strong justification for free speech due to their reliance on uncertain empirical validation. Second, it is claimed that a stronger and better ground for free speech can be constructed by articulating two non-consequentialist justifications for free speech (...) – democratic participation and autonomy. This articulation, which I call the double-grounded non-consequentialist justification for free speech, considers autonomy and democratic participation as complementary principles. In this sense, a double-grounded justification engages justification as autonomy and democratic participation in a dialogue in order to provide remedies for the specific weaknesses of these two positions. (shrink)

People respond to moral criticism of their speech by claiming that they were joking. In this paper, I develop a speech act analysis of the humor excuse consisting of a negative stage, in which the speaker denies he or she was making an assertion, and a positive stage, in which the speaker claims she or he was engaged in non-serious/humorous speech instead. This analysis, however, runs afoul of the group identity objection, according to which there is a (...) moral distinction between jokes targeting members of vulnerable groups made by members of those groups and similar jokes made by non-members. In order to avoid this objection, I offer a revision to the speech act analysis that draws upon Perry’s distinction between beliefs and belief-states. (shrink)

Recent Plato scholarship has grown increasingly comfortable with the notion that Plato’s art of writing brings his readers into the dialogue, challenging them to respond to deliberate errors or lacunae in the text. Drawing inspiration from Stanley Fish’s seminal reading of Satan’s speeches in Paradise Lost, this paper considers the narrative of Timaeus as deliberately unreliable, and argues that the actively critical reader is “the missing fourth” with which the dialogue famously begins. By continuing Timaeus with Critias—a dialogue that ends (...) with a missing speech—Plato points to the kind of reader he expects: one who can answer Critias’ question : ὡς μὲν γὰρ οὐκ εὖ τὰ παρὰ σοῦ λεχθέντα εἴρηται, τίς ἂν ἐπιχειρήσειεν ἔμφρων λέγειν. (shrink)