We all know that speech can be harmful. But how? Mary Kate McGowan argues that speech constitutes harm when it enacts a norm that prescribes that harm. She investigates such harms as oppression, subordination, and discrimination in such forms of speech as sexist remarks, racist hate speech, pornography, verbal triggers, and micro-aggressions.

-/- Hate speech is a concept that many people find intuitively easy to grasp, while at the same time many others deny it is even a coherent concept. A majority of developed, democratic nations have enacted hate speech legislation—with the contemporary United States being a notable outlier—and so implicitly maintain that it is coherent, and that its conceptual lines can be drawn distinctly enough. Nonetheless, the concept of hate speech does indeed raise many difficult (...) questions: What does the ‘hate’ in hate speech refer to? Can hate speech be directed at dominant groups, or is it by definition targeted at oppressed or marginalized communities? Is hate speech always ‘speech’? What is the harm or harms of hate speech? And, perhaps most challenging of all, what can or should be done to counteract hate speech? -/- In part because of these complexities, hate speech has spawned a vast and interdisciplinary literature. Legal scholars, philosophers, sociologists, anthropologists, political theorists, historians, and other academics have each approached the topic with exceeding interest. In this current article, however, we cannot hope to cover how these many disciplines have engaged with the concept of hate speech. Here, we will focus most explicitly on how hate speech has been taken up within philosophy, with particular emphasis on issues such as: how to define hate speech; what are the plausible harms of hate speech; how an account of hate speech might include both overt expressions of hate (e.g., the vitriolic use of slurs) as well as more covert, implicit utterances (e.g., dogwhistles); the relationship between hate speech and silencing; and what might we do to counteract hate speech. (shrink)

At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? (...) Are measures such as hate crimes legislation both useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (shrink)

Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and (...) moral disputes surrounding hate speech laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study. (shrink)

Purpose The Hon’ble Supreme Court of India, in a landmark judgment, scrapped a draconian law [Section 66 ] that gave the police absolute power to put behind bars anybody who was found posting offensive or annoying comments online. This paper aims to examine the take of people on the “Free Speech via Social Media” issue and their attitude towards the way sensitive messages/information are posted, shared and forwarded on social media, especially, Facebook. Design/methodology/approach The research was carried out (...) on a sample of 200 social media users, all picked up randomly, from five Indian states/Union Territories. Data were collected through a questionnaire, and users were contacted through e-mail. Data collected were analyzed through the Kolmogorov–Smirnov Z test. Findings The findings indicate that hate posts/messages are on the rise, and more and more users are joining in. Besides, prosecution happens only when the aggrieved party is influential or powerful. Practical implications The findings of this research give a strong insight into the social media behaviour of users in relation to hate contents/posts. The study establishes the fact that Indian people are in favour of free speech, but with a sense of restraint and responsibility. The work could form the basis for future research on various aspects of hate speech on social media. Researchers could study the trials and prosecutions that have happened over the past few years and whether punishment has acted as a deterrent. Originality/value The research is likely to be important for those involved in work on freedom of speech or hate speech through social media. Social networking sites such as Facebook would also get some insights into users’ perception towards free and hate speech mechanism on social media. (shrink)

Combating homophobia, racism, sexism, and other forms of discrimination and violence in our society requires more than just focusing on the overt acts of prejudiced and abusive individuals. The very intelligibility of such acts, in fact, depends upon a background of shared beliefs, attitudes, and behaviors that together form the context of social practices in which these acts come to have the meaning they do. This book, inspired by Wittgenstein as well as feminist and critical race theory, shines a critical (...) light on this background in order to show that we all share more responsibility for the persistence of oppressive social practices than we commonly suppose—or than traditional moral theories that connect responsibility just with the actions, rights, and liberties of individuals would lead us to believe. First sketching a nonessentialist view of rationality, and emphasizing the role of power relations, Peg O’Connor then examines in subsequent chapters the relationship between a variety of "foreground" actions and "background" practices: burnings of African American churches, hate speech, child sexual abuse, coming out as a gay or lesbian teenager, and racial integration of public and private spaces. These examples serve to illuminate when our "language games" reinforce oppression and when they allow possibilities for resistance. Attending to the background, O’Connor argues, can give us insight into ways of transforming the nature and meaning of foreground actions. (shrink)

A lot of subordinating speech has moved online, which raises several questions for philosophers. Can current accounts of oppressive speech adequately capture digital hate? How does the anonymity of online harassers contribute to the force of their speech? This paper examines online abuse and argues that standard accounts of licensing and accommodation are not up to the task of explaining the authority of online hate speech, as speaker authority often depends on the community in (...) more ways than these accounts suggests. Instead I argue that online abusive speech is best understood as collective subordinating speech acts, as their authority is drawn from an ad hoc collective. I argue that anonymity and shared language offer online abusers a path to a type of group-authority that explains the harm their speech is capable of. I close by suggesting that similar considerations are in play for IRL subordinating speech, and that online abuse helps to reveal key features of subordinating speech across mediums that are under-emphasized in the existing literature. (shrink)

Book synopsis: The thirteen specially-commissioned essays in this volume are written by philosophers at the forefront of feminist scholarship, and are designed to provide an accessible and stimulating guide to a philosophical literature that has seen massive expansion in recent years. Ranging from history of philosophy through metaphysics to philosophy of science, they encompass all the core subject areas commonly taught in anglophone undergraduate and graduate philosophy courses, offering both an overview of and a contribution to the relevant debates. Together (...) they testify to the intellectual value of feminism as a radicalizing energy internal to philosophical inquiry. This volume will be essential reading for any student or teacher of philosophy who is curious about the place of feminism in their subject. (shrink)

I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate (...) class='Hi'>speech is censorship. It is the censorship of entire sectors of the population, a violation of their right to be heard, and at worse, an incitement to their extinction. The liberal attempt to try to fit the metaphorical 'round peg' of hate speech into the 'square hole' of free speech is impossible without revealing one’s reluctance to endow people of color, the LGBTQ+ community, women, and other socially oppressed/marginalized groups as equal and deserving of full human dignity. I start by providing a clear definition of "hate speech" (which is lacking in legislation); then I review the original and alleged political intent of the "freedom of expression" within US history; and finally I illuminate the very material consequences of hate speech. (shrink)

On Pragmatics, Exercitive Speech Acts and Pornography Suppose that a suspect being questioned by the police says, "I think I'd better talk to a lawyer." Whether that suspect has invoked her right to an attorney depends on which particular speech act her utterance is. If she is merely thinking aloud about what she ought to do, then she has not invoked that right. If, on the other hand, she has thereby requested a lawyer, she has. Similarly, suppose that (...) an unhappily married man says "I want my wife dead." Whether he has thereby solicited his wife's murder depends on which particular speech act his utterance is. If he is merely describing his desires, he has committed no crime. If, by contrast, he has thereby hired an assassin, he has. As one can see, experts on speech acts have a lot to say about various issues in the law.I believe that expertise in speech act theory also illuminates various issues regarding free speech. In what follows, we consider how speech act theory may apply to certain arguments regarding the free speech status of pornography. In particular, we consider several speech act accounts of MacKinnon's claim that pornography subordinates women, but, before turning to such accounts, some background is offered. (shrink)

This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some cases, (...) large paradigm shifts. I also examine cases that have yet to be adequately addressed by philosophers working on this topic, like the explosion of abusive speech online (chapter four) or the distinctive speech acts of protest groups (chapter five). I argue that by considering these alongside the ‘paradigm’ cases of subordinating speech that inform most models, we are better able to capture the lived realities of this phenomena, as described by members of groups targeted by such speech. I develop a novel account of speaker authority to explain the variety of pragmatic effects subordinating speech generates. Instead of seeing this authority as reducible to either a formal position or a merely local, linguistic phenomenon, I argue for a conception of speaker authority that is a richly contextual social fact, distributed unevenly among members of different social groups. I also develop an account of collective authority that explains how a group of speakers can join together to subordinate in a way that no individual speaker is capable of doing. This account, I argue, is better able to explain the social reality of subordinating speech than individualist models. Overall, I show how a more fine-grained account of subordinating speaker authority gives us a more accurate picture of the different subordinating speech acts available to different speakers, along with how these may harm their targets. (shrink)

J. L. Austin was one of the more influential British philosophers of his time, due to his rigorous thought, extraordinary personality, and innovative philosophical method. According to John Searle, he was both passionately loved and hated by his contemporaries. Like Socrates, he seemed to destroy all philosophical orthodoxy without presenting an alternative, equally comforting, orthodoxy. -/- Austin is best known for two major contributions to contemporary philosophy: first, his ‘linguistic phenomenology’, a peculiar method of philosophical analysis of the concepts and (...) ways of expression of everyday language; and second, speech act theory, the idea that every use of language carries a performative dimension (in the well-known slogan, “to say something is to do something”). Speech act theory has had consequences and import in research fields as diverse as philosophy of language, ethics, political philosophy, philosophy of law, linguistics, artificial intelligence and feminist philosophy. -/- This article describes Austin’s linguistic method and his speech act theory, and it describes the original contributions he made to epistemology and philosophy of action. It closes by focusing on two main developments of speech act theory─the dispute between conventionalism and intentionalism, and the debate on free speech, pornography, and censorship. (shrink)

This chapter contains sections titled: Introduction Speech Acts, Acts of Speech, and Performatives Acts and Their Contents Speech Acts, What is Said, and Speaker Meaning Misfires, Abuses, and How Saying Makes It So Illocutions, Perlocutions, and Implicature Direct and Indirect Speech Acts References Further reading.

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. (...) This tension between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Ignorant speech, which spreads falsehoods about people and policies, is pervasive in public discourse. A popular response to this problem recommends countering ignorant speech with more speech, rather than legal regulations. However, Mary Kate McGowan has influentially argued that this ‘counterspeech’ response is flawed, as it overlooks the asymmetric pliability of conversational norms: the phenomenon whereby some conversational norms are easier to enact than subsequently to reverse. After demonstrating that this conversational ‘stickiness’ is an even broader concern (...) for counterspeech than McGowan suggests—it applies not just to oppressive or hateful speech, but also to ordinary policy-related misinformation—I argue that a more sophisticated account of counterspeech can nevertheless overcome it. First, the stickiness objection overlooks the distinction between ‘negative’ and ‘positive’ counterspeech. Instead of directly negating a distorted proposition, positive counterspeech affirms a correct proposition that is inconsistent with the falsehoods at hand. This, I contend, allows it to counter ignorant speech without triggering the properties that render it sticky. Second, the stickiness objection presupposes an unrefined conception of counterspeech’s temporality. Counterspeech should be understood as a diachronic process, which not only follows, but also pre-empts, ignorant utterances. Drawing on speech-act theories of silencing, I argue that pre-emptive counterspeech can condition the conversational context so as to prevent subsequent ignorant utterances from enacting sticky conversational norms. Thus, this theoretically-refined conception of counterspeech helps appreciate how verbal responses might overcome the stickiness of conversational norms; and, in doing so, it reveals that this stickiness need not provide reasons to prefer legal remedies to counterspeech. (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)

This chapter contains sections titled: Performative Utterances Locutionary, Illocutionary, and Perlocutionary Acts Classifying Illocutionary Acts Communicative Speech Acts and Intentions Conversational Implicature and Impliciture Conventional Implicature The Semantic‐Pragmatic Distinction Applications of the Semantic‐Pragmatic Distinction.

This paper argues that racist speech in public places ought to be regulable even with teh strict free speech protections of the First Amendment. McGowan argues that the same justification for regulating the hanging of a 'Whites Only' sign applies to racist utterances in public spaces.

This article examines what is wrong with some expressive acts, ‘insults’. Their putative wrongfulness is distinguished from the causing of indirect harms, aggregated harms, contextual harms, and damaging misrepresentations. The article clarifies what insults are, making use of work by Neu and Austin, and argues that their wrongfulness cannot lie in the hurt that is caused to those at whom such acts are directed. Rather it must lie in what they seek to do, namely to denigrate the other. The causing (...) of offence is at most evidence that an insult has been communicated; it is not independent grounds of proscription or constraint. The victim of an insult may know that she has been insulted but not accept or agree with the insult, and thereby submit to the insulter. Hence insults need not, as Waldron argues they do, occasion dignitary harms. They do not of themselves subvert their victims' equal moral status. The claim that hateful speech endorses inequality should not be conflated with a claim that such speech directly subverts equality. Thus, ‘wounding words’ should not unduly trouble the liberal defender of free speech either on the grounds of preventing offence or on those of avoiding dignitary harms. (shrink)

I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is (...) too broad a designation to be usefully analysed as a single category, since it includes many different kinds of speech acts, each of which involves very different kinds of free speech interests, and may cause very different kinds of harm. I therefore propose to disaggregate hate speech into various categories which are analysed in turn. I distinguish four main categories of hate speech, namely (1) targeted vilification, (2) diffuse vilification, (3) organised political advocacy for exclusionary and/or eliminationist policies, and (4) other assertions of fact or value which constitute an adverse judgment on an identifiable racial or religious group. Reviewing these categories in the light of the justifications for the Free Speech Principle, I will argue that category (1) is uncovered by the Principle, categories (2) and (3) are covered but unprotected , and that category (4) is protected speech. (shrink)

At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? (...) Are measures such as hate crimes legislation both useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (shrink)

The question which this paper examines is that of the correct scope of the claim that extra-linguistic factors (such as gender and social status) can block the proper workings of natural language. The claim that this is possible has been put forward under the apt label of silencing in the context of Austinian speech act theory. The ‘silencing’ label is apt insofar as when one’s ability to exploit the inherent dynamic of language is ‘blocked’ by one’s gender or social (...) status then one might justly be said to be silenced. The notion that factors independent of any person’s linguistic competence might block her ability to exploit the inherent dynamic of language is of considerable social as well as theoretical significance. I shall defend the claim that factors independent of a person’s linguistic competence can indeed block her ability to do things with words but I will show that the cases that have been previously considered to be cases of illocutionary failure are instances of rhetic or locutionary act failure instead. I shall refine the silencing claim as previously advanced in the debate in at least one fundamental respect. I also show that considering the metaphysics of speech acts clarifies many of the issues previously appearing as thorny bones of contention between those who hold that the only notion of silencing that is coherent is that of physically preventing someone from speaking or writing and those who hold the opposite sort of claim sketched above. (shrink)

The author integrates, expands, and deepens his previous publications about irregular (or "metalinguistic") negations. A total of ten distinct negatives-several previously unclassified-are analyzed. The logically irregular negations deny different implicatures of their root. All are partially non-compositional but completely conventional. The author argues that two of the irregular negative meanings are implicatures. The others are semantically rather than pragmatically ambiguous. Since their ambiguity is neither lexical nor structural, direct irregular negatives satisfy the standard definition of idioms as syntactically complex expressions (...) whose meaning is non-compositional. Unlike stereotypical idioms, idiomatic negatives lack fixed syntactic forms and are highly compositional. The final chapter analyzes other "free form" idioms, including irregular interrogatives and comparatives, self-restricted verb phrases, numerical verb phrases, and transparent propositional attitude and speech act reports. (shrink)

Language is nothing but human subjects in as much as they speak, say and know. Language is something coming from the inside of the speaking subject manifest in the meaningful intentional purpose of the individual speaker. A language, on the contrary, is something coming from the outside, from the speech community, something offered to the speaking subject from the tradition in the technique of speaking. The speech act is nothing but the development of an intuition by the subject (...) thus transforming it in words of a language. It is both individual and social. Since human subjects are free and historical, the study of speech acts is hermeneutics, that is, interpreting speech acts with knowing and the human reality. (shrink)

Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

Art viewers and critics talk as if visual artworks say things, express messages, or have meanings. For instance, Picasso’s 'Guernica' has been described as a “generic plea against the barbarity and terror of war”, forming a “powerful anti-war statement”. One way of understanding meaning in art is to draw analogies with language. My thesis explores how the notion of a speech act – an utterance with a performative aspect – can illuminate art’s power to ‘speak’. In recent years, philosophers (...) of art have explored speech act theory in relation to literary art, though barely at all in relation to visual art. Given the way we talk about painting, sculpture, installation, film, and photography, and given that artists have investigated performativity through their art, this neglect is surprising. My thesis develops two main arguments. First, artwork meaning is active. I argue that visual artworks, under certain conditions, are speech acts. They have propositional content, and they have a certain force: they can do things such as assert, protest, and criticise – things we would normally do with words. I defend these contested claims against several dissenters, and explore some consequences: in particular, I explore how art can lie, a hitherto neglected question. Second, artwork meaning is flexible. I argue that what an artwork says and does is affected by the context in which it’s displayed, and in particular, by its curation. As a result, an artwork’s content and force can vary from context to context. This goes against a dominant view in the philosophy of art – what I call ‘Originalism’ – that the meaning of an artwork is fixed by factors which held at the time of the work’s creation, and so cannot change across time. I argue that this is mistaken: artworks can change in meaning. Curatorial factors can affect an artwork’s content and force, and consequently its social effects. It is known that our verbal speech has the power to oppress and liberate people in a society. My thesis aims to show that art also has this power to shape society; through what it says, and through what it does. (shrink)

Slurs are derogatory words; they seem to express contempt and hatred toward marginalized groups. They are used to insult and derogate their victims. Moreover, slurs give rise to philosophical questions. In virtue of what is the word “chink,” unlike “Chinese,” a derogatory word? Does “chink” refer to the same group as “Chinese”? If “chink” is a derogatory word, how is it possible to use it in a non-derogatory way (e.g., by Chinese comedians or between Chinese friends)? Many theories of slurs (...) answer these questions by assuming that slurs communicate derogatory messages. However, little attention has been paid to the speech acts slurs are used to perform. In this dissertation, I argue that slurs are illocutionary force indicators: words to perform the speech acts of derogation. “Chink” is a derogatory word because its use is to derogate the Chinese, just like the phrase “I promise” has the use to make a promise. To derogate the Chinese is to enforce a norm which assigns to them an inferior normative status. Slurs are also propositional indicators: words that contribute to the truth-conditions. “Chink” has the same referent as “Chinese,” its neutral counterpart. Appealing to speech act theory enables my theory to answer questions about slurs, e.g., slurs can be used in non-derogatory ways because the felicity conditions of derogation are not met. To illustrate the advantage of my theory, I will explain how other theories of slurs fall short because they take positions opposite to mine on certain issues. For instance, Mark Richard’s theory, unlike mine, takes utterances of slurs to have no truth values. It follows from his theory, I will argue, that lying with “Chang is a chink” is impossible. Finally, I will defend the force indicator theory from common objections. My force indicator theory provides a case study of the use theory of meaning and a framework for political philosophers to study the harm of slurs. (shrink)

At first glance, hate speech and microaggressions seem to have little overlap beyond being communicated verbally or in written form. Hate speech seems clearly macro-aggressive: an intentional, obviously harmful act lacking the ambiguity (and plausible deniability) of microaggressions. If we look back at historical discussions of hate speech, however, many of these assumed differences turn out to be points of similarity. The harmfulness of hate speech only became widely acknowledged after a concerted (...) effort by critical race theorists, feminists, and other activists. Before the 1990s, slurs were widely considered socially acceptable behavior: mere jokes that weren’t intended to be harmful. Authors like Richard Delgado, Mari Matsuda, and Charles Lawrence pushed back against this dismissal. In this chapter, I show that their arguments for the serious harmfulness of hate speech prefigure and provide support for current debates about the serious harmfulness of microaggressions. Exploring resonances with the 1980s hate speech debate will allow us to explain why microaggressions fall below the cutoff for legal liability but remain apt targets for moral blame. (shrink)

This paper clarifies the legal right to free speech, identifies ways that speech can be harmful, and discusses pornography hate speech, and lies. It is also written for a non-technical audience.

I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish (...) between two sorts of exercitive speech acts (the standard exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

This book collects seventeen essays published between 1984 and 2020, in which Marina Sbisà develops her distinctive approach to speech acts and related pragmatic phenomena. Drawing inspiration from the work of J. L. Austin, the essays examine the categories of speech act theory and apply these categories in the context of natural discourse and conversation, with the aim of providing an accurate analysis of how speech can be action. Sbisà devotes particular attention to normative aspects of language (...) and language use: speech acts reshape the normative context in which they occur by assigning or unassigning deontic properties to relevant parties. Emphasis is placed on the normative aspect of linguistically mandated presuppositions as well as the rational grounds of implicature. The conventionalist view of speech acts developed here turns on the role of intersubjective agreement in deontic updating, in a framework that shifts focus from single utterances to discursive sequences and conversational interaction. This view challenges the main tenets of a Gricean intentionalist understanding of speech act performance, paving the way for a theory of speech actions centred on the normatively transformative power of illocution. Throughout the essays, examples and applications are given to illustrate how the view put forward contributes to understanding the social and political dimensions of linguistic activity, such as hidden persuasive strategies, power imbalances both within and outside the context of conversation, and the relevance of language and discourse to gender issues. (shrink)

The truth-justification is an enduring explanation for valuing free speech. This paper seeks to advance an account of “assertion”, found in speech act theory, that can identify speech which contributes to truth-discovery in a nuanced way. I apply the dialectic theory of assertion which emphasises the language game of giving and asking for reasons to believe things as assertional social practice. In doing so, I consider what “moves” in this game make sense from a truth-discovery perspective, (...) drawing together contemporary and foundational work on assertion in linguistics to fit the normative context of law. Speech act theory is often invoked in current free speech literature to identify regulable speech, but less typically to identify speech that warrants legal protection. I contextualise my theory within this existing legal work and show how the model I advocate for applies across many formulations of the truth-justification to offer comprehensive explanatory and justificatory power. I also explore the potential appeal of alternative theories of assertion and explain why they are a poor fit in comparison to the dialectical account. (shrink)

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)

Is language understanding a special case of social cognition? To help evaluate this view, we can formalize it as the rational speech-act theory: Listeners assume that speakers choose their utterances approximately optimally, and listeners interpret an utterance by using Bayesian inference to “invert” this model of the speaker. We apply this framework to model scalar implicature (“some” implies “not all,” and “N” implies “not more than N”). This model predicts an interaction between the speaker's knowledge state and the listener's (...) interpretation. We test these predictions in two experiments and find good fit between model predictions and human judgments. (shrink)

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 criticizes Langton's speech act account of MacKinnon's claim about (the subordinating force of) pornography and offers a different account of how speech might enact harmful norms and thus constitute harm.

In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We (...) shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country. (shrink)

H. P. Grice virtually discovered the phenomenon of implicature (to denote the implications of an utterance that are not strictly implied by its content). Gricean theory claims that conversational implicatures can be explained and predicted using general psycho-social principles. This theory has established itself as one of the orthodoxes in the philosophy of language. Wayne Davis argues controversially that Gricean theory does not work. He shows that any principle-based theory understates both the intentionality of what a speaker implicates and the (...) conventionality of what a sentence implicates. In developing his argument the author explains that the psycho-social principles actually define the social function of implicature conventions, which contribute to the satisfaction of those principles. This challenging book will be of importance to philosophers of language and linguists, especially those working in pragmatics and sociolinguistics. (shrink)

‘Transformative liberals’ believe that the state should use its non-coercive capacities to counter hateful speech and practices, by seeking to transform the views of those who hold hateful and discriminatory beliefs. This paper critically assesses transformative liberalism, with a particular focus on the theory developed by Corey Brettschneider. For Brettschneider, the state should engage in ‘democratic persuasion’ by speaking out against views that are incompatible with the ideal of free and equal citizenship, and refusing to fund or subsidise (...) civil society groups that hold such views. My critique has five parts. I first rebut two central justifications for transformative liberalism, regarding complicity and the undermining of equal citizenship. Second, I show that some of the central policies that Brettschneider advocates are in fact coercive. Third, I raise concerns about the nature of the complex and contestable judgments that transformative liberalism requires the state to make. Fourth, I argue that Brettschneider’s view has various troubling implications. Finally, I argue that many of these problems derive from his adoption of a thick conception of free and equal citizenship, resulting in an overly broad definition of hateful viewpoints and of hate speech. A defensible version of transformative liberalism would use a significantly narrower conception. (shrink)

Whereas the relationship between truth and propositional content has already been intensively investigated, there are only very few studies devoted to the task of illuminating the relationship between truth and illocutionary acts. This book fills that gap. This innovative collection addresses such themes as: the relation between the concept of truth and the success conditions of assertions and kindred speech acts the linguistic devices of expressing the truth of a proposition the relation between predication and truth.

Some visual artworks constitute hate speech because they can perform oppressive illocutionary acts. This illocution-based analysis of art reveals how responsive curation and artmaking undermines and manages problematic art. Drawing on the notion of counterspeech as an alternative tool to censorship to handle art-based hate speech, this article proposes aesthetic blocking and aesthetic spotlighting. I then show that under certain conditions, this can lead to eventual metaphysical destruction of the artwork; a way to destroy harmful art (...) without physically destroying it. (shrink)

Written in an outstandingly clear and lively style, this 1969 book provokes its readers to rethink issues they may have regarded as long since settled.

Using speech act theory from the Philosophy of Language, this paper attempts to develop an ethical framework for the phenomenon of speech processing. We use the concepts of the illocutionary force and the illocutionary content of a speech act to explain the ethics of speech processing. By emphasizing the different stages involved in speech processing, we explore the distinct ethical issues that arise in relation to each stage. Input, processing, and output are the different ethically (...) relevant stages under which a spoken item or a speech navigates within the range of speech-processing modules. Employing the illocutionary force-content distinction, we specify and characterize the input-related ethical issues, the output-related ethical issues, and the processing-related ethical issues involved in speech processing. Together with illocutionary force-content distinction, we employ the data-information distinction to characterize the stage-wise ethical issues in the phenomenon of speech processing as the ethics of collecting (speech) data, the ethics of contextualizing (speech) data/information, and the ethics of releasing the con-textualized information (processed speech). Immediate ethical issues that arise from the range of speech processing modules are distinguished from distant ethical issues. We also indicate the nature of ethical issues that arise from Speaker Independent speech technologies. (shrink)

ABSTRACT This paper argues for a hidden way in which speech constitutes harm by enacting harmful norms. The paper then explores the potential legal consequences of uncovering such instances of harm constitution. In particular, the paper argues that some public racist speech constitutes harm and is thus harmful enough to warrant legal remedy. Such utterances are actionable, it is contended, because they enact discriminatory norms in public spaces.

In this paper, I present a new (i.e., previously overlooked) breed of exercitive speech act (the conversational exercitive). I establish that any conversational contribution that invokes a rule of accommodation changes the bounds of conversational permissibility and is therefore an (indirect) exercitive speech act. Such utterances enact permissibility facts without expressing the content of such facts, without the speaker intending to be enacting such facts and without the hearer recognizing that it is so. Because of the peculiar nature (...) ofthe rules of accommodation that generate them, conversational exercitives have importantly different felicity conditions and therefore constitute a new breed ofexercitive speech act. (shrink)

In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many (...) commentators in this area of international criminal law, the trial of media executives for the roles they played in the Rwandan genocide through public speech acts by media entities insulting an ethnic group or advocating violence against an ethnic group. Each of these men were institutional leaders and were charged with using their positions within Rwandan society to distribute what I call genocidal hate speech, genocidal incitement speech, and genocidal participation speech. I argue for a distinction between these three types of speech, and a difference in individual criminal liability for the dissemination of each type of speech. I also argue that there should be a difference in individual criminal liability for speech acts within the context of an ongoing or recent genocide, and speech acts that can be separated from a site of mass violence. (shrink)