Hate speech employs discriminatory epithets to insult and stigmatize others on the basis of their race, gender, sexual orientation, or other forms of group membership. The regulation of hate speech is deservedly controversial, in part because debates over hate speech seem to have teased apart libertarian and egalitarian strands within the liberal tradition. In the civil rights movements of the 1960s, libertarian concerns with freedom of movement and association and equal opportunity pointed in the same direction as egalitarian concerns (...) with eradicating racial discrimination and the social and economic inequalities that this discrimination maintained. But debates over hate speech regulation seem to force one to give priority to equality or to liberty. On the one hand, egalitarian concerns may seem to require restricting freedom of expression. Hate speech is an expression of discriminatory attitudes that have a long, ugly, and sometimes violent history. As such, hate speech is deeply offensive to its victims and socially divisive. Though one might well be reluctant to restrict speech, it might seem that the correct response to hate speech, as with other forms of discrimination, is regulation. On the other hand, libertarian concerns may seem to constrain the pursuit of equality. Though one may abhor hate speech and its effects, the cure might seem at least as bad as the disease. Freedoms of expression are among our most fundamental liberties. Offensive ideas are part of the price one must pay to protect these constitutional rights. (shrink)

At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet (...) Mohammad, the article reveals that both modern and postmodern European cartoons have been centred around equally discriminatory narratives: a 'clash of civilizations' and 'racialization of religion'. Since open racial stereotyping in cartoons became illegal in the postmodern international regulations, traditional discriminatory practices of cartooning have shifted towards subtle, 'liquid' racism. This decodes some of the twelve Danish cartoons as ambiguous strategies of racialization of Muslim immigrants in Europe but also as hate speech which is illegal in the European Union, and member states of the Council of Europe. The author concludes that the most current European and international regulations of hate speech, whether concerning offline media or online media, actually protect free speech. While a truly clear-cut regulation of liquid racism might remain problematic in Europe due to the lack of a universally accepted definition of hate speech, neither strict legal regulations nor different definitions of hate speech could diminish the role of political cartooning as a viable free speech platform in the multicultural landscape of Europe. Ultimately, what diminishes its viability is the enduring lack of diversity in the creation of visual satire, which could and should reflect the multicultural reality of communities, politics and societies in Europe. (shrink)

"This book on freedom of speech and expression starts with an inter-cultural history of this valued right through the ages and then recalls the benefits for which we rightly value it. But what about speech that frustrates these benefits? Supporters of the benefits of free speech have reason to exercise voluntary self-restraint on speech which frustrates the benefits. They should also cultivate a second remedy: the art, illustrated in chapter 1, and called by Gandhi the art of (...) 'opening ears', by other kinds of speech and conduct. Such voluntary methods are to be preferred to legal constraints. But legal constraint is sometimes necessary. In the 21st century, social media funding based on manipulation of personal speech data requires skilful legislation and enforcement in favour of social media that protect our freedoms"--. (shrink)

Two unique aspects of spinoza's theory of freedom of expression are explored in depth-Its articulation of a positive liberty of expression, And the distinction it draws between pure expressive acts and speech intended as action. Spinoza's theory is then applied to cases where speech causes harm. His theory is explicitly distinguished from that of mill, And it is concluded that his theory, Although not without faults, Avoids several difficulties of other liberal theories.

: The present work analyses Content Moderation, focusing on ethical concerns and cognitive effects. Starting from a general description and history of the moderation process, it stresses some ethical problems: quality of moderation, transparency, and the working conditions of human moderators. Using some of Facebook leaked slides offering examples of moderation, we define some controversial rules and principles for Commercial Content Moderation. These examples highlight a general lack of coherency and transparency, which has the potential to affect users’ cognitive (...) attitudes, their perception of reality, and their freedom of speech. Such effects are studied in comparison to other well-known online cognitive phenomena and in relation to the most recent dedicated legislation in EU countries. The current Content Moderation scheme leaves users at risk of specific cognitive distortions, highlighting the urgent need for greater transparency throughout the moderation process and better working conditions for moderators. Keywords: Content Moderation; Freedom of Speech; Epistemic Bubble; Technology Ethics Commercial Content Moderation: un oscuro labirinto per la libertà d’espressione e le opinioni degli utenti Riassunto: Il presente lavoro offre un’analisi approfondita della moderazione di contenuti, concentrandosi sulle problematiche etiche e sugli effetti cognitivi. A partire da una introduzione ai concetti chiave e alla storia della moderazione di contenuti online, si concentra su alcuni problemi etici primari: la qualità della moderazione, la sua trasparenza e le condizioni di lavoro dei lavoratori. Utilizzando dei documenti formativi interni di Facebook, pubblicati da un quotidiano e dagli esempi in essi contenuti, definiremo le controverse regole e i principi della Commercial Content Moderation. Ne emerge una generale mancanza di coerenza organizzativa e di trasparenza nel processo, che mostra potenziali effetti dannosi sulle attitudini degli utenti, sulla loro percezione della realtà e la loro libertà di parola. Tali effetti saranno studiati in confronto con i più conosciuti effetti cognitivi del mondo dei social ed in relazione alle più recenti disposizioni di leggi europee in merito. Gli schemi attualmente in uso producono degli specifici effetti di distorsione cognitiva e conseguentemente mostrano l’importanza di una maggiore attenzione alla trasparenza del processo e alle condizioni di lavoro dei moderatori. Parole chiave: Moderazione di contenuti; Libertà di parola; Bolla epistemica; Etica della tecnologia. (shrink)

Ancient Philosophy Today, Volume 4, Issue 2, Page 248-250, October, 2022.

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes (...) it to heart that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, (...) intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years. (shrink)

Consideration of the German philosophy and political history of the past century might well give the impression, and often does give foreign observers the impression, that liberalism, including in particular commitment to the ideal of free thought and expression, is only skin-deep in Germany. Were not Heidegger's disgust at Gerede (which of course really meant the free speech of the Weimar Republic) and Gadamer's defense of "prejudice" and "tradition" more reflective of the true instincts of German philosophy than, (...) say, the Frankfurt School's heavily Anglophone-influenced championing of free thought and expression? Were not the Kaiser and Nazism more telling of Germany's real political nature than the liberalism of the Weimar Republic (a desperate, ephemeral experiment undertaken in reaction to Germany's disastrous defeat in World War I) or the liberalism of (West) Germany since 1945 (in effect forced on the country by the victorious Allies after World War II)? (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political (...) choice, I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as (...) authentic. To make progress, following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)

ABSTRACTThis paper proposes an intellectual history of the idea that the later Roman empire and, subsequently, the whole of Byzantium were less ‘free’ in comparison to the Roman Republic. Anxiety over diminished freedom recurred throughout Roman history, but only a few specific expressions of it were enshrined in modern thought as the basis on which to divide history into periods. The theorists of the Enlightenment, moreover, invented an unfree Byzantium for their own political purposes and not (...) by examining the facts about its political culture. The second part of the paper proposes that the Byzantines valorized a model of positive freedom as legal-institutional protection against arbitrary oppressive power, including against both barbarian domination and domestic abuses. In contrast to modern thought, which tends to see the imperial position as the chief threat to liberty, the Byzantines viewed it as its bulwark. Yet they too had remedies for oppressive emperors, suggesting that the otherwise well-attested invocations of freedom were not a mere rhetorical trope for them but an actionable cultural norm. (shrink)

Despite the fact that in recent years there has been an active trend of growth of freedom of expression in Kazakhstan, domestic legislative and judicial practice lags far behind international standards. The purpose of the study is to examine the legal situation concerning freedom of expression in Kazakhstan, particularly with regard to the functioning of the media, and to find ways to effectively ensure and adequately regulate this issue in law. The methodological approach is based on (...) the dialectical method used to investigate the content and legal foundations of freedom of speech, synthesis, analysis, and comparative legal method. The results obtained provide an opportunity to analyse the state of national legislation in the sphere of implementation and protection of the right to freedom of expression, as well as to identify the largest gaps in this sphere and their subsequent resolution. The investigation of international legal experience and a comparative analysis allow identifying a significant difference between the legislations of countries with a high index of press freedom and freedom of speech, and Kazakhstan. This research is of critical importance for the development of the human rights and freedoms protection sector, as well as journalism, especially given the current situation in the Republic associated with strict state control over the activities of the media, the inability to express and publicly broadcast opinions and ideas that are unfavourable for the ruling circles. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, (...) 13 January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

This note announces the launch of a research project at the Vrije Universiteit Brussel with the generous support of the Carlsberg Foundation and guidance from Prof. dr. Frederik Dhondt. The project explores the early steps of one of the most dynamic and debated branches of international law, namely the law of the sea. It focuses on the interactions between the principle of the freedom of the sea, maritime neutrality and small powers’ diplomacy in the long eighteenth century. Analysing the (...) rich archival material conserved in the French Ministry for Foreign Affairs – series Mémoires et documents, Correspondance politique – as well as the Danish National Archives, or Rigsarkivet, the project aims at the construction of a rich narrative of multiple uses of the law of the sea as an argumentative political-legal framework to express state and private interest. By a close reading of largely unexplored sources, the project contributes to the broader turn to state practice in the history of international law, a booming field of interdisciplinary research. (shrink)

(2013). Freedom of Expression v. Social Responsibility: Holocaust Denial in Canada. Journal of Mass Media Ethics: Vol. 28, No. 1, pp. 42-56. doi: 10.1080/08900523.2012.746119.

Should our commitment to freedom of speech extend to freedom of hate speech: speech that promotes hatred toward an individual or group on the basis of a characteristic such as race, gender, sexuality, nationality, or religion—often, although perhaps not exclusively, using slurs and epithets? Drawing on philosophy of language and empirical research, this essay outlines five theoretical models of how hate speech may function, and explores their implications for this issue. I argue that (some) hate speech can be (...) regulated without compromising freedom of expression; and furthermore that, under certain circumstances, considerations of free speech may favour regulating hate speech. (shrink)

This paper elaborates on the deliberative democracy argument for freedom of expression in terms of its relationship to different dimensions of autonomy. It engages the objection that Enlightenment theories pose a threat to cultures that reject autonomy and argues that autonomy-based democracy is not only compatible with but necessary for respect for cultural diversity. On the basis of an intersubjective epistemology, it argues that people cannot know how to live on mutually respectful terms without engaging in public deliberation (...) and developing some degree of personal autonomy. While freedom of expression is indispensable for deliberation and autonomy, this does not mean that people have no obligations regarding how they speak to each other. The moral insights provided by deliberation depend on the participants in the process treating one another with respect. The argument is related to the Danish cartoon controversy. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the (...) abstractions more accessible. (shrink)

In this review, I outline Lærke's interpretation of Spinoza's freedom of philosophizing as a rich, positive freedom, encompassing but extending far beyond mere legal permission for free expression. Lærke's book takes on the challenge to explain how such freedom is to be brought about. I suggest that Lærke's reconstruction overlooks a central plank of Spinoza's approach: the role of good institutional design in supporting freedom. The longer version is the original author submission; the shorter version (...) was trimmed on the journal's request. (shrink)

This article surveys the classic and contemporary literature on the nature and limits of freedom of expression (or free speech). It begins by surveying the main philosophical justifications for free speech, before moving to consider the two most discussed topics in the free speech literature: hate speech and pornography. The article offers some brief reflections on the large number of arguments which have been offered on these topics. Three newer battlegrounds for free speech are examined at the end: (...) no platforming, fake news and online shaming. (shrink)

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as an (...) understanding of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)

The media have become an important arena where struggles over the symbolic legitimacy of expert authority take place and where scientific experts increasingly have to compete for public recognition. The rise of authoritarian and populist leaders in many countries and the growing importance of social media have fueled criticism against scientific institutions and individual researchers. This paper discusses the new hidden forms of suppression and self-censorship regarding scientists’ roles as public experts. It is based on two web surveys conducted among (...) Finnish researchers in 2015 and 2017. We focus on answers to the open-ended questions in these surveys, where respondents reflect upon issues of freedom of expression and the feedback they receive in public arenas. Building on previous research on suppression, “research silencing,” and the “chilling effect,” we discuss the connection between freedom of expression and freedom of inquiry. We make a distinction between four forms of suppression: political and economic control, organizational control, control between rival academics, and control from publics. Moreover, we make explicit and discuss the means, motives, and practices of suppression within each of these four forms. (shrink)

This chapter contains sections titled: Mill on Liberty Khomeini v. Rushdie Fukuyama Giving Up on the Arab World The Limits of Free Speech The Deontological and Utilitarian Justifications for Free Speech Clifford on the Duty to Critique Freedom of Speech and Philosophers on the Index Intolerance not Restricted to Islam Giniewski v. France Freethought under Fire People Are not Being Insulted for Having a Religion Racism without Race Social Criticism not Identical with the Urge to Provoke Flemming Rose on (...) Why He Published the Danish Cartoons The Theory of Evolution: Too Controversial to Defend? Is There Another Way to Discover the Truth than by Free Discussion? (shrink)

The article presents the results of the analysis of international legal regulation of the protection of freedom of speech, the right to freedom of expression within the UN and the Council of Europe. A comparative analysis of the definition of the right to express views and beliefs in various international legal acts was made. The case law of the European Court of Human Rights in cases related to the exercise of the right to express one's views and (...) beliefs on the Internet was considered. The analysis of the legislation of foreign countries regulating the right to express views and beliefs online was carried out. The materials of the article are of practical value for scientists and practitioners dealing with the issues of legal regulation of freedom of speech, the right to express views and beliefs, for forecasting and planning scientific research, improving legislation, for higher education teachers in educational activities, as well as for all interested persons. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the (...) abstractions more accessible. (shrink)

In this paper, I argue for the existence of pathologies of juridicism. I attempt to show that the Western regime of right tends to colonize our intersubjective relations, resulting in the formation of affective and habitual dispositions that actually hinder participation in social life. Speaking of pathologies of juridicism is to claim that the legal form fundamentally contaminates the way in which we relate to ourselves, to others, and to the world, resulting in an ethically deformed, distorted or deficient form (...) of subjectivity. To support my thesis I consult a philosopher, whose work still provides a powerful analysis and critique of juridicism, namely, Hegel. Hegel provides an historic and a systematic theory of the pathologies of juridicism. His historical theory locates the origin of the abstract subjectivity of right in Roman antiquity. His systematic theory understands the negative effects of an absolutization of the legal domain as a persistent threat to social integration and an individual’s pursuit of the good life. I clarify these argumentative dimensions in two steps, beginning with Hegel’s historical analysis of right in his Lectures on the Philosophy of History. I then reconstruct Hegel’s critique of the subjectivity of right in the short chapter on the ‘Condition of Right’ in his Phenomenology of Spirit. In conclusion, I argue that, although Hegel’s diagnosis is correct, his prescribed therapy must fail: instead of radically altering abstract right in terms of content and form, it only recommends its complementation through other ethical spheres. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Mogens Lærke. Spinoza and the Freedom of Philosophizing. Oxford: Oxford University Press, 2021. Pp. xviii + 387. Hardback, $115.00. -/- Spinoza's political philosophy, always a subject of attention in Francophone scholarship, has been coming into sharper focus for Anglophone readers in recent years as well. Mogens Lærke—well known for his essays on metaphysics and cognition in Spinoza, for his invaluable book Leibniz lecteur de Spinoza (Paris: Honoré (...) Champion, 2008), and for bridging French and English scholarly communities—has now written a richly contextual treatment of Spinoza's conception of the freedom of philosophizing (libertas philosophandi). His book presents a thoroughly mid- to late seventeenth-century Dutch Spinoza. The expression libertas philosophandi appears in the full title of Spinoza's Theologico-Political Treatise (1670, hereafter TTP). Lærke argues that libertas philosophandi is the key to understanding "Spinoza's attempt to theorize a new republican public sphere" (5). As defined by Spinoza, "the freedom of philosophizing is not for Spinoza an individual right but a collective natural authority constitutive of a particular kind of public sphere" (5)—namely, one constituted by such recognizably republican notions as equality, integrity, virtue, and honor. It depends on citizens "having taken possession of their own free judgment and on their capability and willingness to engage with each other without prejudice and deceit" (234). Far from being "granted," libertas philosophandi is "achieved through civic education and mutual advising in the public sphere" (235). Rather than a formal permission or abstract right, libertas philosophandi is a socially mediated expression of power (or what the Ethics calls conatus, striving and expression): it emerges and is maintained through cultivation, regulation, and identification, and is communal—that is, political. Put another way, libertas philosophandi is a collective form of freedom enacted as a noncoercive exchange of views among equals who agree to search for truth and pursue well-being together. As distinct from the rational and intellectual freedom examined in the Ethics, libertas philosophandi reflects everyone's natural (and so inevitable) power of self-expression and does not depend on rational attainment. The task of politics is inducing as many people as possible to express themselves constructively. Thus, politics depends on motivating people to act as if they were rational. In practice, this means that citizens must commit themselves to friendly mutual advice and teaching rather than to coercive measures, to deliberative structures rather than to secrecy and partiality, and to acceptance of a unified sovereign, whatever the exact form of the government may be. Following the indications of TTP 5 and TTP 16-17, Lærke shows that this commitment can come about either imaginatively [End Page 523] or rationally. For those who do not or cannot—or cannot consistently—comprehend the usefulness of a well-constructed imperium, imaginative myths, such as the revelation at Mount Sinai or the social contract itself, are required. For those for whom the founding myths and codes, such as the principles of universal religion, prove insufficiently binding, state force intervenes. With characteristic erudition, Lærke situates Spinoza in the political, religious, sociocultural, and economic currents of mid- to late seventeenth-century Amsterdam. This contextualization leads to new ways of understanding Spinoza's place in the history of toleration and democratic thought. Lærke pairs this historical-philosophical sleuthing with close attention to Spinoza's exact language and argumentative structure. Most provocatively, Lærke insists on the fundamental continuity of Spinoza's political philosophy against influential readings that suppose a late-life change of heart. Chapters 2–5 explore the meaning of libertas philosophandi. Chapter 2, "Circles and Spheres of Free Philosophizing," retraces the history of the notion; chapter 3, "Philosophizing," presents philosophizing as a broad argumentative style encompassing reasoning from experience and practical or historical reasoning as well as more technical modes of inference and argument. What Spinoza calls the "natural light" and characterizes as "sound reason" is thus common to all, not restricted to intellectuals. Chapter 4, "The Apostolic Styles," studies Spinoza's analysis of the teaching methods exhibited in the Greek Scriptures. Chapter 5, "Authority," draws this part of the book to a... (shrink)

"Freedom of expression" is a complex notion that reflects various considerations and raises many questions related to their content and interaction. This paper is an abstract of a book that considers general aspects regarding the justification and the limits of freedom of expression and analyzes exiting law in light of this normative discussion. Particularly, it considers the way to determine the proper scope of freedom of expression; first-order and second-order considerations in favor and against (...) freedom of expression, both in general and regarding central specific kinds of expressions; and possible ways to normatively regulate the field of expressions - in particular to restrict expressions, primarily by law - and specifically the common view that subsequent punishment for an expression is generally preferable to prior restraint of an expression. (shrink)

Zifcak, Spencer Nobody at this conference should disagree that freedom of expression is a political principle of fundamental value.

Does commercial speech deserve the same freedom from governmental interference as do noncommercial forms of expression? Examination of this question forces a reappraisal of the grounds upon which freedom of expression rests. I urge an analysis of those grounds which founds freedom of speech upon the requirements of individual autonomy over against society. I then apply the autonomy analysis to commercial expression by examining the empirical features which distinguish commercial forms of expression. Some (...) such features - e.g., triviality — have been cited by others as justification for limiting the freedom accorded commercial speech, but I reject the power of those features to limit freedom of expression. Instead, I identify three features of commercial expression which are relevant to the task: resiliency (coupled with potential for abuse), action-orientation, and intimate connection with conventional commercial structures. I discuss the implications of these features for legitimizing governmental restriction of freedom in commercial expression, with the general conclusion that such restriction must be more severely limited than is commonly thought. (shrink)

Some philosophers hold that stifling free expression stifles intellectual life. Others reply that freedom of expression can harm members of marginalized groups by alienating them from social life or worse. Yet we should still favour freedom of expression, especially where marginalized groups are concerned. It's better to know who has repugnant beliefs as it allows marginalized groups to identify threats: free expression qua self-defence.

This paper reflects on the articles submitted for the Symposium Confronting the Internet’s Dark Side. I discuss some of the criticisms of the book’s theory and my treatment of hate speech. The responsibilities of Internet Service Providers and Web-Hosting Services are in the fore, arguing that as they are the gatekeepers, they need to be proactive far more than they are now. This paper, like my book, strives to suggest an approach that harnesses the strengths and capabilities of the public (...) and the private sectors in offering practical solutions to pressing problems. (shrink)

ABSTRACT In the course of her defence of German protesters against Peter Singer's lectures, Jenny Teichman claims that the right to make use of a public platform is not covered by the principle of freedom of expression. I argue that this view is mistaken, and that she is also wrong to focus on whether Singer deserved a public platform. Instead I suggest that what matters is whether there was an attempt to prevent communication between a speaker and willing (...) hearers. But I agree with Teichman that there are some relevant differences between speaking from a public platform and speaking privately. In particular I argue that protesters have a right, though not one based on freedom of expression, to interrupt a public speaker. Such a right is on a par with the speaker's freedom to draw public attention to the fact that she has opinions which she thinks worthy of a hearing, and in exercising it a protester must not prevent those who wish to hear the speech from doing so. Finally I offer an argument against the view that disrupting Singer's lectures could be seen as a justified interference with freedom of expression. (shrink)

Although many recent free speech skeptics claim Millian credentials, they neglect the more pessimistic elements of Mill's account of human nature. Once we recover the darker elements of Mill's thought, American-style laissez-faire in the domain of expression looks significantly more attractive. Indeed, this paper argues that if Mill is correct about human nature, we have good reason to oppose recent proposed restrictions on expression and to embrace a legal regime that tolerates much speech that is false, obscene, demeaning, (...) and even hateful. While philosophers are right to worry about the substantial moral costs of such regimes, we ought to attempt to address these costs in ways that do not amount to rejecting the regimes themselves. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and (...) cultural circumstances and is not a matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights. (shrink)

The aim of this chapter is to examine how diversity benefits deliberation, information exchange and other socio‐epistemic practices associated with free speech. We separate five distinct dimensions of diversity, and discuss a variety of distinct mechanisms by which various forms of diversity may be thought to have epistemically valuable outcomes. We relate these results to the moral justification of free speech. Finally, we characterise a collective action problem concerning the compliance with truth‐conducive norms of deliberation, and suggest what may solve (...) this problem. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential (...) for indirect democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

Isaiah Berlin's celebrated radio lectures on six formative anti-liberal thinkers were broadcast by the BBC in 1952. They are published here for the first time, fifty years later. They comprise one of Berlin's earliest and most convincing expositions of his views on human freedom and on the history of ideas--views that later found expression in such famous works as "Two Concepts of Liberty," and were at the heart of his lifelong work on the Enlightenment and its critics. (...) Working with BBC transcripts and Berlin's annotated drafts, Henry Hardy has recreated these lectures, which consolidated the forty-three-year-old Berlin's growing reputation as a man who could speak about intellectual matters in an accessible and involving way. In his lucid examination of sometimes complex ideas, Berlin demonstrates that a balanced understanding and a resilient defense of human liberty depend on learning both from the errors of freedom's alleged defenders and from the dark insights of its avowed antagonists. This book throws light on the early development of Berlin's most influential ideas and supplements his already published writings with fuller treatments of Helve;tius, Rousseau, Fichte, Hegel, and Saint-Simon, with the ultra-conservative Maistre bringing up the rear. These thinkers gave to freedom a new dimension of power--power that, Berlin argues, has historically brought about less, not more, individual liberty. These lectures show Berlin at his liveliest and most torrentially spontaneous, testifying to his talents as a teacher of rare brilliance and impact. Listeners tuned in expectantly each week to the hour-long broadcasts and found themselves mesmerized by Berlin's astonishingly fluent extempore style. One listener, a leading historian of ideas who was then a schoolboy, was to recount that the lectures "excited me so much that I sat, for every talk, on the floor beside the wireless, taking notes." This excitement is at last recreated here for all to share. (shrink)