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‘Speaking Back’: The Likely Fate of Hate Speech Policy in the United States and Australia 1

Katharine Gelber

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0003
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

A central idea within free speech arguments is that the most appropriate response to speech with which one disagrees, or which one finds intolerable, is to speak back. Some scholars have argued there ... More


Words That Silence? Freedom of Expression and Racist Hate Speech 1

Caroline West

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0009
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

This chapter examines the prevailing assumption that the value of freedom of speech itself is necessarily only or best served by permitting racist hate speech. It is argued that anything worthy of ... More


Introduction and Overview

Ishani Maitra and Mary Kate McGowan

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0001
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

This chapter explores the nature and value of a principle of free speech. It is often argued that certain kinds of speech are harmful. But such claims give rise to several questions. First, when a ... More


On ‘Whites Only’ Signs and Racist Hate Speech: Verbal Acts of Racial Discrimination 1

Mary Kate McGowan

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0006
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

In this chapter, it is argued that some instances of racist hate speech are speech acts that constitute illegal acts of racial discrimination. By identifying a previously overlooked mechanism by ... More


Beyond Belief: Pragmatics in Hate Speech and Pornography1

Langton Rae

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0004
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

Pragmatics can shed light on racial hate speech and pornography, but only if we bring it down to earth. Five models for hate speech and pornography are distinguished: a conditioning model, an ... More


Hate Speech, Public Discourse, and the First Amendment

Steven J. Heyman

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0010
Subject:
Law, Human Rights and Immigration

This chapter contends that public hate speech, such as the Nazi march in Skokie, should not be protected under the First Amendment to the U.S. Constitution. Part I of the chapter outlines a general ... More


Autonomy and Hate Speech

C. Edwin Baker

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0009
Subject:
Law, Human Rights and Immigration

This chapter describes the rationale that a full protection theory of free speech — a theory based on respect for individual autonomy — would give for protecting hate speech. It then notes that such ... More


INSULT IN THE LAW: FIGHTING WORDS, OBSCENITY, AND HATE SPEECH

Jerome Neu

in Sticks and Stones: The Philosophy of Insults

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195314311
eISBN:
9780199871780
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195314311.003.0006
Subject:
Philosophy, Philosophy of Language

Because speech can also be conduct, words deeds, the First Amendment cannot provide blanket protection for all offensive speech. This is especially true for what J.L. Austin calls “performative ... More


Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis

L. W. Sumner

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0012
Subject:
Law, Human Rights and Immigration

Every liberal democracy approaches the regulation of hate speech in its own particular way. This chapter draws on the experience and the particularities of the hate speech laws that have been in ... More


Religiously Incorrect Religiously Incorrect Islam, Blasphemy, and Hate Speech in Western Domestic Law

Paul Marshall and Nina Shea

in Silenced: How Apostasy and Blasphemy Codes are Choking Freedom Worldwide

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199812264
eISBN:
9780199919383
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812264.003.0012
Subject:
Religion, Islam

Many Western countries are creating and amending laws to limit what may be said about religious beliefs. These range from blasphemy bans, originally intended to protect Christianity, to recent hate ... More


Subordinating Speech 1

Ishani Maitra

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0005
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

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 ... More


Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and Obesity

Eric Heinze

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0015
Subject:
Law, Human Rights and Immigration

Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex, or religion, etc. They often omit express reference to ... More


Political Speech

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0005
Subject:
Law, Human Rights and Immigration

One important question is whether it is right to treat political speech as more worthy of protection than other types of speech. To some extent this entails arguments similar to the arguments related ... More


Freedom of Speech

EYAL ZAMIR and BARAK MEDINA

in Law, Economics, and Morality

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.003.07
Subject:
Law, Philosophy of Law

This chapter discusses freedom of speech. It briefly describes current constitutional protection of this freedom and surveys its standard economic analysis. It then introduces the deontological ... More


Speech and Harm: Controversies Over Free Speech

Ishani Maitra and Mary Kate McGowan (eds)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.001.0001
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

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 ... More


Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary

Peter Molnar

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0014
Subject:
Law, Human Rights and Immigration

This chapter highlights the relevant jurisprudence of Hungary, a post-Holocaust, post-communist, Central European democracy, and shows that the search for effective law and policy on ‘hate speech’ ... More


Extreme Speech and Democracy

Ivan Hare and James Weinstein (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.001.0001
Subject:
Law, Human Rights and Immigration

A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies differ significantly when addressing the permissibility of laws regulating certain kinds of ... More


Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech

Eric Heinze

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0011
Subject:
Law, Human Rights and Immigration

All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been ... More


Holocaust Denial and Hate Speech

Robert A. Kahn

in Genocide Denials and the Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199738922
eISBN:
9780199895199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738922.003.0004
Subject:
Law, Public International Law

This chapter argues that “bare” Holocaust denial—the denial of the gas chambers, the six-million figure, and the Nazi policy of extermination—is, in those parts of Europe with direct experience with ... More


Extreme Speech and Liberalism

Maleiha Malik

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0007
Subject:
Law, Human Rights and Immigration

This chapter argues that traditional models of liberalism that define democracy as the creation of a public liberal consensus are not an appropriate basis for political engagement with contemporary ... More


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