-/- 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)

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.

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.

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

In the last twenty years, recorded messages and written notes have become a significant test and an intriguing puzzle for the semantics of indexical expressions (see Smith 1989, Predelli 1996, 1998a,1998b, 2002, Corazza et al. 2002, Romdenh-Romluc 2002). In particular, the intention-based approach proposed by Stefano Predelli has proven to bear interesting relations to several major questions in philosophy of language. In a recent paper (Saul 2006), Jennifer Saul draws on the literature on indexicals and recorded messages in order to (...) criticize Rae Langton's claim that works of pornography can be understood as illocutionary acts – in particular acts of subordinating women or acts of silencing women. Saul argues that it does not make sense to understand works of pornography as speech acts, because only utterances in contexts can be speech acts. More precisely, works of pornography such as a film may be seen as recordings that can be used in many different contexts – exactly like a written note or an answering machine message. According to Saul, bringing contexts into the picture undermines Langton's radical thesis – which must be reformulated in much weaker terms. In this paper, I accept Saul's claim that only utterances in contexts can be speech acts, and that therefore only works of pornography in contexts may be seen as illocutionary acts of silencing women. I will, nonetheless, show that Saul's reformulation doesn't undermine Langton's thesis. To this aim, I will use the distinction Predelli proposes in order to account for the semantic behaviour of indexical expressions in recorded messages – namely the distinction between context of utterance and context of interpretation. (shrink)

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.

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)

Rae Langton and Jennifer Hornsby argue that there may be a free-speech argument against pornography, if pornographic speech has the power to illocutionarily silence women: women's locution ‘No!’ that aims to refuse unwanted sex may misfire because pornography creates communicative conditions where the locution does not count as a refusal. Central to this is the view that women's speech lacks uptake, which is necessary for illocutionary acts like that of refusal. Alexander Bird has critiqued this view (...) by arguing that uptake is not necessary for the illocutionary act of refusal. The Hornsby-Langton view, then, is philosophically indefensible. Here I defend the philosophical cogency of the Hornsby-Langton approach. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist (...) claims. I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist (...) claims. I also show that the erroneous verdictive is of more general interest. (shrink)

: Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's (...) constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist (...) claims. I also show that the erroneous verdictive is of more general interest. (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)

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 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)

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 collection of eleven new essays contains the latest developments in analytic feminist philosophy on the topic of pornography. While honoring early feminist work on the subject, it aims to go beyond speech act analyses of pornography and to reshape the philosophical discourse that surrounds pornography. A rich feminist literature on pornography has emerged since the 1980s, with Rae Langton's speech act theoretic analysis dominating specifically Anglo-American feminist philosophy on pornography. Despite the predominance of this literature, there remain (...) considerable disagreements and precious little agreement on many key issues: What is pornography? Does pornography constitute women's subordination and silencing? Does it objectify women in harmful ways? Is pornography authoritative enough to enact women's subordination? Is speech act theory the best way to approach pornography? Given the deep divergences over these questions, the first goal of this collection is to take stock of extant debates in order to clarify key feminist conceptual and political commitments regarding pornography. This volume further aims to go beyond the prevalent speech-acts approach to pornography, and to highlight novel issues in feminist pornography-debates, including the aesthetics of pornography, trans* identities and racialization in pornography, and putatively feminist pornography. (shrink)

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)

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)

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)

Catharine MacKinnon has pioneered a new brand of anti-pornography argument. In particular, MacKinnon claims that pornography silences women in a way that violates their right to free speech. In what follows, we focus on a certain account of silencing put forward by Jennifer Hornsby and Rae Langton, and we defend that account against two important objections. The first objection contends that this account makes a crucial but false assumption about the necessary role of hearer recognition in successful (...) class='Hi'>speech acts. In response, we argue that, as silencing primarily concerns communication, Hornsby and Langton are perfectly correct to treat hearer recognition as they do. The second objection contends that their particular account of silencing has the unacceptable result of undermining the responsibility of rapists. We here argue that no such result follows from their account. (shrink)

Making sense of MacKinnon’s claim that pornography silences women requires attention to the discursive and interpretive frameworks that pornography establishes and promotes. Treating pornography as a form of hate speech is promising, but also limited. A close examination of a legal case, in which pornographic images were used to sexually harass, focuses on the hate speech analogy while illustrating the broad and lasting impact of such depictions when targeted at an individual. Applying the distinction between Absolutist (...) and Reclaimer approaches to hate speech and derogatory terms, the article concludes with a discussion of the possibility of creative development of discursive practices within a context that undermines the semantic authority of members of certain groups. (shrink)

Two prejudices have hampered our understanding of John Stuart Mill’s central argument for free speech. One prejudice is that arguments for free speech can only be made in terms of values or rights. This prejudice causes us to miss the depth of Mill’s argument. He does not argue that silencing speech is harmful or violates rights, but instead that silencing speech is a uniquely self-undermining act; it undermines the ground upon which it is based. (...) But even if we overcome this prejudice and appreciate the self-undermining character of Mill’s argument, the prejudice that epistemic justification is a completable task blinds us to the role of open-mindedness in his argument; and failing to see this leads us to wrongly conclude that his argument is invalid. It is only once we have overcome both prejudices that we can appreciate the depth and power of Mill’s argument for free speech. (shrink)

The notion of ‘illocutionary silencing’ has been given a key role in defining the harms of pornography by several feminist philosophers. Though the literature on silencing focuses almost exclusively on the speech act of sexual refusal, oddly enough, it lacks a thorough analysis of that very act. My first aim is to fill this theoretical gap. I claim that refusals are “second-turn illocutions”: they cannot be accomplished in absence of a previous interrogative (or open) call by the hearer. Furthermore, (...) I maintain that refusals constitute authoritative illocutions only when preceded by requests for permission. The secondary goal of my paper is to assess Mary Kate McGowan’s (2009) account of silencing as authority denial. Despite its virtues, I argue that ultimately it should be rejected on two grounds: (i) it entails an objectification of female sexuality; (ii) if sexual advances are requests for permission (as McGowan implies), a man who asks a woman for sex cannot fail to ratify her authority over her own body. I conclude by sketching an alternative explanation for the failure of women’s refusals, according to which women may be unable to refuse sex for their interlocutors’ advances are intended as imperative (or closed) calls. (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)

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)

In this paper, I develop two criticisms of Miranda Fricker’s attempt to offer an interpretation of MacKinnon’s claim that pornography silences women that conceives of the silencing in question as an extreme form of testimonial injustice. The intended contrast is with the speech act theoretical model of silencing familiar from Rae Langton and Jennifer Hornsby, who appeal to MacKinnon’s claim to argue against the standard liberal line on pornography, which takes a permissive stance to be demanded by a right (...) to freedom of speech. Fricker’s alternative suggestion is that women are the victims of ‘an especially acute form of testimonial injustice’, due to the kind of dehumanizing bad sexual ideology peddled in much pornography. Fricker suggests that both notions of silencing are coherent possibilities, but that ‘the epistemic model describes the more empirically likely possibility, simply because it requires less erosion of women’s human status before the silencing effect kicks in’. I question the truth of this advertised advantage of Fricker’s epistemic account of silencing, but also its relevance to philosophical debates about pornography and silencing. Second, I raise a concern about theorizing about sexual refusal as a kind of testimony, as Fricker does. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 515-529, May 2022. Much of the recent literature on freedom of speech has focused on the arguments for and against the regulation of certain kinds of speech. Discussions of hate speech and offensive speech, for example, abound in this literature, as do debates concerning the permissibility of pornography. Less attention has been paid, however, at least recently, to the normative foundations of freedom of speech where (...) three classic justifications still prevail, based on the values of truth, autonomy and democracy. In this paper we argue, first, that none of these justifications meet all four intuitive desiderata for an adequate theory of free speech. We go on to sketch an original relational view of free speech, one which grounds its value in the recognition that speakers grant each other when engaging in speech practices, and its limits in the republican ideal of non-dominated co-exercisable liberty. We briefly illustrate the relational approach’s implications for the debate on hate speech regulation and for the response to fake news. (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)

Catharine MacKinnon has claimed that pornography is the subordination of women. Rae Langton has defended the plausibility and coherence of this claim by drawing on speech act theory. I argue that considering the role of context in speech acts poses serious problems for Langton's defence of MacKinnon. Langton's account can be altered in order to accommodate the role of context. Once this is done, however, her defence of MacKinnon no longer looks so plausible. Finally, I argue that the (...) speech act approach (adapted to account for context) offers an appealing way to make sense of disagreements over pornography; but also that this will probably not be so appealing to most proponents of the speech acts approach. (shrink)

Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's (...) influential contemporary justification for freedom of expression, which claims that a thoroughgoing right to freedom of expression is justified by the fact that it guarantees and preserves liberalism's commitment to equality by offering everyone an opportunity to speak, whereas any other policy, such as state regulation, would fail to offer this equal opportunity. This justification has been challenged by feminists and critical race theorists, who find the cases of pornography and hate speech to be sufficient threats to the freedom of expression and equality of their targets—women and minorities—to warrant limiting freedom of expression in these cases. I will argue that if Dworkin is to take equality as seriously as he claims to, then, by his own lights, he must back away from an unrestricted freedom of expression, in light of these distinctly contemporary challenges of the harms of systemic racism and sexism, which underlie hate speech and pornography. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 515-529, May 2022. Much of the recent literature on freedom of speech has focused on the arguments for and against the regulation of certain kinds of speech. Discussions of hate speech and offensive speech, for example, abound in this literature, as do debates concerning the permissibility of pornography. Less attention has been paid, however, at least recently, to the normative foundations of freedom of speech where (...) three classic justifications still prevail, based on the values of truth, autonomy and democracy. In this paper we argue, first, that none of these justifications meet all four intuitive desiderata for an adequate theory of free speech. We go on to sketch an original relational view of free speech, one which grounds its value in the recognition that speakers grant each other when engaging in speech practices, and its limits in the republican ideal of non-dominated co-exercisable liberty. We briefly illustrate the relational approach’s implications for the debate on hate speech regulation and for the response to fake news. (shrink)

It is widely held that free speech is a distinctive and privileged social kind. But what is free speech? In particular, is there any unified phenomenon that is both free speech and which is worthy of the special value traditionally attached to free speech? We argue that a descendent of the classic Millian justification of free speech is in fact a justification of a more general social condition; and, via an (...) argument that 'free speech' names whatever natural social kind is justified by the best arguments, that free speech is therefore this more general condition. This condition involves not merely the orthodox freedom (in some sense) of speakers to distribute words, but also two less frequently acknowledged dimensions of free speech: audience understanding and consideration. We conclude with some discussion of the policy implications of this conception of free speech. (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)

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 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)

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.

Hate speech involves the vilification of individuals for characteristics such as ethnicity, religion, and sex. The argument for and against the regulation of hate speech is controversial, partly because it remains unclear whether hate speech is encompassed by general arguments for free speech. Some think that the opportunity to engage in hate speech is the price we must pay for living in a democratic society where individuals take responsibility for what (...) they think and can freely contribute to the moral and social environment. Others think that hate speech undermines the dignity or sets back the interests of those who are vilified by it, and thus should be regulated. It is argued here that one way of making progress with these issues to think more carefully about a set of rights which underpin the opportunities we can expect to get in a society that takes free speech seriously: these are rights of association and disassociation. In taking these rights seriously, we can see the outlines of a principled case for regulating hate speech. (shrink)

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.