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    What Is the Harm of Hate Speech?Eric Barendt - 2019 - Ethical Theory and Moral Practice 22 (3):539-553.
    In Jeremy Waldron’s book, The Harm in Hate Speech, it is not always clear whether he argues that hate speech causes harm or whether it constitutes harm. This article considers this uncertainty, concluding that the best understanding of Waldron’s argument is that hate speech tends to cause harm - a weak form of the consequentialist case for its proscription. His argument is not advanced by his apparent reliance on speech-act theory.
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    Thoughts on a Thinker-Based Approach to Freedom Of Speech.Eric Barendt - 2019 - Law and Philosophy 38 (5-6):481-494.
    While agreeing with Seana Shiffrin that any free speech theory must depend on assumptions about our need for free thinking, I am sceptical about her claim that her thinker-based approach provides the best explanation for freedom of speech. Her argument has some similarities with Mill’s argument from truth and with self-development theories, though it improves on the latter. But the thinker-based approach does not show why political discourse, broadly construed, is protected more strongly in all jurisdictions than gossip and sexually (...)
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  3. Religious Hatred Laws: Protecting Groups or Belief?Eric Barendt - 2011 - Res Publica 17 (1):41-53.
    This article examines the issues raised by recent legislation proscribing incitement to religious hatred. In particular, it examines how far arguments for prohibiting racist hate speech apply also to the prohibition of religious hate speech. It identifies a number of significant differences between race and religion. It also examines several questions raised by the prohibition of religious hate speech, including the meaning and scope of religious identity, why that identity should receive special protection, and whether protection should be directed to (...)
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