Pornography deserves special protections, it is often said, because it qualifies as speech. Therefore, no matter what we think of its content, we must afford it the protections that we extend to most speech, but don’t extend to other actions.1 In response, Jennifer Hornsby and Rae Langton have argued that the case is not so simple: one of the harms of pornography, they claim, is that it silences women’s speech, thereby preventing women from deriving from speech the very benefits that (...) warranted the special protections in the first place.2 At first glance, it is hard to see how to make sense of this response. If the claim is that pornography prevents women from actually uttering words, then it just seems false; on the other hand, if that isn’t the claim, then it isn’t clear how anyone can be said to be silenced. Faced with such worries, many have been inclined to dismiss these claims about silencing as confused. (shrink)

This chapter considers whether ordinary instances of racist hate speech can be authoritative, thereby constituting the subordination of people of color. It is often said that ordinary speakers cannot subordinate because they lack authority. Here it is argued that there are more ways in which speakers can come to have authority than have been generally recognized. In part, this is because authority has been taken to be too closely tied to social position. This chapter presents a series of examples which (...) show that speaker authority needn’t derive from social position at all. Moreover, these examples also show that a speaker can come to have authority even when they lack it prior to speaking. After distinguishing these different ways in which speakers can come to have authority, it is argued that there is ample reason to think that even producers of ordinary instances of racist hate speech can sometimes have authority in these ways. (shrink)

In “Against Arguments from Reference” (Mallon et al., 2009), Ron Mallon, Edouard Machery, Shaun Nichols, and Stephen Stich (hereafter, MMNS) argue that recent experiments concerning reference undermine various philosophical arguments that presuppose the correctness of the causal-historical theory of reference. We will argue three things in reply. First, the experiments in question—concerning Kripke’s Gödel/Schmidt example—don’t really speak to the dispute between descriptivism and the causal-historical theory; though the two theories are empirically testable, we need to look at quite different data (...) than MMNS do to decide between them. Second, the Gödel/Schmidt example plays a different, and much smaller, role in Kripke’s argument for the causal-historical theory than MMNS assume. Finally, and relatedly, even if Kripke is wrong about the Gödel/Schmidt example—indeed, even if the causal-historical theory is not the correct theory of names for some human languages—that does not, contrary to MMNS’s claim, undermine uses of the causalhistorical theory in philosophical research projects. (shrink)

This paper begins with the idea that there are sometimes gaps in our shared linguistic/ conceptual resources that make it difficult for us to understand our own social experiences, and to make them intelligible to others. In this paper, I focus on three cases of this sort, some of which are drawn from the literature on hermeneutical injustice. I offer a diagnosis of what the gaps in these cases consist in, and what it takes to fill them. I argue that (...) these gaps are filled in, at least initially, by labels of a particular kind. Specifically, these are labels that allow us to see the experiences in question as novel instances of phenomena with which we are already normatively familiar. Further, I also show that these labels bring with them important downsides: they introduce distortions into our understandings of these experiences. Using a pair of case studies (‘statutory rape,’ ‘sexual harassment’), I illustrate these distortions. (shrink)

This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.Most liberal societies are deeply committed to a principle of free speech. At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important liberal values, such as social equality. Might a genuine commitment to free speech require that we legally permit speech even when it is (...) harmful, and even when doing so is in conflict with our commitment to values like equality? Even if such speech is to be legally permitted, does our commitment to free speech allow us to provide material and institutional support to those who would contest such harmful speech? And finally, and perhaps most importantly, which kinds of speech are harmful in ways that merit response, either in the form of legal regulation or in some other form? This collection explores these and related questions. Drawing on expertise in philosophy, sociology, political science, feminist theory, and legal theory, the contributors to this book investigate these themes and questions. By exploring various categories of speech (including pornography, hate speech, Holocaust denial literature, 'Whites Only' signs), and attending to the precise functioning of speech, the essays contained here shed light on these questions by clarifying the relationship between speech and harm. Understanding how speech functions can help us work out which kinds of speech are harmful, what those harms are, and how the speech in question brings them about. All of these issues are crucially important when it comes to deciding what ought to be done about allegedly harmful speech. (shrink)

We argue against the knowledge rule of assertion, and in favour of integrating the account of assertion more tightly with our best theories of evidence and action. We think that the knowledge rule has an incredible consequence when it comes to practical deliberation, that it can be right for a person to do something that she can't properly assert she can do. We develop some vignettes that show how this is possible, and how odd this consequence is. We then argue (...) that these vignettes point towards alternate rules that tie assertion to sufficient evidence-responsiveness or to proper action. These rules have many of the virtues that are commonly claimed for the knowledge rule, but lack the knowledge rule's problematic consequences when it comes to assertions about what to do. (shrink)

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.

In this paper, I shall be concerned with the phenomenon that has been labeled silencing in some of the recent philosophical literature. A speaker who is silenced in this sense is unable to make herself understood, even though her audience hears every word she utters. For instance, consider a woman who says “No”, intending to refuse sex. Her audience fails to recognize her intention to refuse, because he thinks that women tend to be insincere, and to not say what they (...) really mean, especially in sexual situations.1 This speaker’s utterance then goes astray in the manner that constitutes silencing in my sense. Regarding this phenomenon, philosophers such as Rae Langton and Jennifer Hornsby have argued, first, that women are particularly liable to be thus affected, i.e., silenced; second, that, as a result of this silencing, they are systematically disadvantaged; and third, that pornography is responsible for this silencing. (shrink)

Many liberal societies are deeply committed to freedom of speech. This commitment is so entrenched that when it seems to come into conflict with other commitments (e.g., gender equality), it is often argued that the commitment to speech must trump the other commitments. In this paper, we argue that a proper understanding of our commitment to free speech requires being clear about what should count as speech for these purposes. On the approach we defend, should get a special, technical sense, (...) different from its ordinary sense. We offer a partial characterization of this technical sense. Finally, we argue that if certain theorists (e.g., MacKinnon) are right about what (some) pornography does, then it should fall outside the scope of the free-speech principle. If so, then contrary to first appearances, pornography may not be a case in which our commitments to freedom and gender equality come into conflict. (shrink)

ABSTRACT This paper examines Mary Kate McGowan’s account of oppressive speech. McGowan argues that ordinary hateful speech can oppress by enacting discriminatory norms, and further, that this enactment sometimes renders the speech regulable under current United States law. In response, the paper raises two sets of questions. First, it asks about the contents of the norms enacted by a given hateful utterance, and specifically, about what determines those contents. Second, the paper also questions McGowan’s emphasis on the distinction between causing (...) harm and enacting (or constituting) harm. It argues that, contra that emphasis, this distinction doesn’t matter for the regulability of speech in McGowan’s central cases. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our view has (...) distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

This paper examines Jason Stanley’s account of propaganda. I begin with an overview and some questions about the structure of that account. I then argue for two main conclusions. First, I argue that Stanley’s account over-generalizes, by counting mere incompetent argumentation as propaganda. But this problem can be avoided, by emphasizing the role of emotions in effective propaganda more than Stanley does. In addition, I argue that more propaganda is democratically acceptable than Stanley allows. Focusing especially on sexual assault prevention (...) campaigns, I show that propaganda can be acceptable even when it represents some in our communities as worthy of contempt. (shrink)

Much recent work in the philosophy of language has focused on the extent to which what linguistic expressions express depends upon context. It is (relatively) uncontroversial that some expressions are context-sensitive, for instance, indexicals like ‘I’, and demonstratives like ‘this’. But there is little agreement beyond this point. On some views (the Minimalist views), there is little context-sensitivity in the language that goes beyond these uncontroversially context-dependent expressions. On other views (the Radical Contextualist views), context-sensitivity is everywhere in our language. (...) And on yet other views (the Moderate Contextualist views), the truth lies somewhere in between these extremes. (I shall offer more precise renderings of these views in what follows.). (shrink)

This essay discusses Rae Langton’s recent collection of essays, Sexual Solipsism: Philosophical Essays on Pornography and Objectification. After introducing some of the major themes of the collection, I raise questions about two of the central concepts in the book. The first question has to do with Langton’s notion of subordination. I ask why she takes pornography to be a subordinating speech act, rather than a subordinating practice, and argue that the latter view has several advantages. The remaining questions have to (...) do with Langton’s notion of objectification. Looking first at the moral dimension of objectification, I raise some concerns about Langton’s strategy for distinguishing instances of objectification from non-instances. Then, turning to Langton’s discussion of the epistemic dimension of objectification, I ask under what circumstances certain belief-forming mechanisms, such as desire-driven projection, are objectifying, on her view. (shrink)

The only part of the Patient Protection and Affordable Care Act (hereafter, ‘the ACA’) struck down in National Federation of Independent Business (NFIB) et al. v. Sebelius, Secretary of Health and Human Services, et al. was a provision expanding Medicaid. We will argue that this was a mistake; the provision should not have been struck down. We’ll do this by identifying a test that C.J. Roberts used to justify his view that this provision was unconstitutional. We’ll defend that test against (...) some objections raised by J. Ginsburg. We’ll then go on to argue that, properly applied, that test establishes the constitutionality of the Medicaid provision. (shrink)

Pornography deserves special protections, it is often said, because it qualifies as speech; therefore, no matter what we think of it, we must afford it the protections that we extend to most speech, but don't extend to other actions. In response, it has been argued that the case is not so simple: one of the harms of pornography, it is claimed, is that it silences women's speech, thereby preventing women from deriving from speech the very benefits that warrant the special (...) protections in the first place. ;This dissertation offers a way of making sense of the view that pornography silences women. In Chapter 1, I develop an account of silencing which, unlike other accounts of the same phenomenon, helps make clear why a speaker who is silenced is thereby deprived of the benefits that led us to place a special value on speech. In Chapter 2, I respond to an objection that purports to show that, even if women are silenced, pornography cannot be responsible: in fact, according to this objection, the responsibility for any instance of silencing cannot lie with any party other than the speaker and the audience involved. I show that this objection relies on an overly simplistic picture of what audiences can reasonably be required to do in a speech situation; I also offer an alternate picture, which leaves open the possibility that a speaker may be silenced in a context in which both she and her audience behave competently. In Chapter 3, I consider a view about the way in which pornography contributes to the silencing---and more generally, to the subordination---of women. I argue that this view fails because it is too individualistic: it ignores how the social and political context in which the pornography is consumed helps determine whether it subordinates. I then make some suggestions about what a more satisfactory view would be. ;Though pornography is the principal case study throughout this dissertation, much of what I say generalizes to other forms of representation that set limits on what speakers are able to convey. The main aim of my discussion is to contribute to the philosophical and feminist understanding of communication, by showing how an individual's social role can constrain her possibilities as a speaker. (shrink)