Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.003.0006
- Subject:
- Law, Legal History
This chapter examines the concept of obscenity and what it tells us about hate speech. It begins with an overview of the current status of hate speech in the law of the United States and other ...
More
This chapter examines the concept of obscenity and what it tells us about hate speech. It begins with an overview of the current status of hate speech in the law of the United States and other countries before turning to a discussion of the international view on hate speech. It then considers various arguments for including hate speech within the legal concept of obscenity and how degradation is conceptualized in obscenity law. It also analyzes hate speech in the employment context, along with the factors that may make speech about race, gender, or sexual orientation degrading and thus create instances of hate speech. In particular, it explores sexist and homophobic speech as expressions of derision and degradation.Less
This chapter examines the concept of obscenity and what it tells us about hate speech. It begins with an overview of the current status of hate speech in the law of the United States and other countries before turning to a discussion of the international view on hate speech. It then considers various arguments for including hate speech within the legal concept of obscenity and how degradation is conceptualized in obscenity law. It also analyzes hate speech in the employment context, along with the factors that may make speech about race, gender, or sexual orientation degrading and thus create instances of hate speech. In particular, it explores sexist and homophobic speech as expressions of derision and degradation.
Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.003.0006
- Subject:
- Law, Legal History
This chapter examines the concept of obscenity and what it tells us about hate speech. It begins with an overview of the current status of hate speech in the law of the United States and other ...
More
This chapter examines the concept of obscenity and what it tells us about hate speech. It begins with an overview of the current status of hate speech in the law of the United States and other countries before turning to a discussion of the international view on hate speech. It then considers various arguments for including hate speech within the legal concept of obscenity and how degradation is conceptualized in obscenity law. It also analyzes hate speech in the employment context, along with the factors that may make speech about race, gender, or sexual orientation degrading and thus create instances of hate speech. In particular, it explores sexist and homophobic speech as expressions of derision and degradation.
Less
This chapter examines the concept of obscenity and what it tells us about hate speech. It begins with an overview of the current status of hate speech in the law of the United States and other countries before turning to a discussion of the international view on hate speech. It then considers various arguments for including hate speech within the legal concept of obscenity and how degradation is conceptualized in obscenity law. It also analyzes hate speech in the employment context, along with the factors that may make speech about race, gender, or sexual orientation degrading and thus create instances of hate speech. In particular, it explores sexist and homophobic speech as expressions of derision and degradation.
Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.001.0001
- Subject:
- Law, Legal History
Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance ...
More
Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. This book traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, the book posits that if hate speech is today's conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.Less
Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. This book traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, the book posits that if hate speech is today's conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.
Mary Kate McGowan
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780198829706
- eISBN:
- 9780191868207
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198829706.003.0005
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Language
This chapter applies our understanding of covert exercitives to an example of sexist speech. The nature of oppression is clarified. Two models of oppressive speech are identified. The first model is ...
More
This chapter applies our understanding of covert exercitives to an example of sexist speech. The nature of oppression is clarified. Two models of oppressive speech are identified. The first model is authoritative and involves a standard exercitive speech act. Instances of this sort of oppressive speech must satisfy the felicity conditions of standard exercitives. The second model of oppressive speech involves a covert exercitive. With the second model, it is shown that an offhand sexist remark can be oppressive even though the speaker does not intend to oppress, the speaker does not have any particular authority, and the remark is not aimed at the persons oppressed by it. The chapter concludes with an exploration of various objections to the model of covertly oppressive speech developed here.Less
This chapter applies our understanding of covert exercitives to an example of sexist speech. The nature of oppression is clarified. Two models of oppressive speech are identified. The first model is authoritative and involves a standard exercitive speech act. Instances of this sort of oppressive speech must satisfy the felicity conditions of standard exercitives. The second model of oppressive speech involves a covert exercitive. With the second model, it is shown that an offhand sexist remark can be oppressive even though the speaker does not intend to oppress, the speaker does not have any particular authority, and the remark is not aimed at the persons oppressed by it. The chapter concludes with an exploration of various objections to the model of covertly oppressive speech developed here.
Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.003.0010
- Subject:
- Law, Legal History
This book has explored racist speech as well as sexist and homophobic speech by tracing the history of the nature of obscenity back to ancient Greece and Rome. It has shown that pornography was ...
More
This book has explored racist speech as well as sexist and homophobic speech by tracing the history of the nature of obscenity back to ancient Greece and Rome. It has shown that pornography was accepted in some cultures and eras but was considered obscene in others. It has discussed sexual depiction as the hallmark of pornography, and shame and degradation as the hallmark of obscenity. The book's thesis is that pornography becomes obscene when it can be the source of a degraded view of humanity. It has also highlighted the difference between the degradation of hate speech and the degradation of obscenity.Less
This book has explored racist speech as well as sexist and homophobic speech by tracing the history of the nature of obscenity back to ancient Greece and Rome. It has shown that pornography was accepted in some cultures and eras but was considered obscene in others. It has discussed sexual depiction as the hallmark of pornography, and shame and degradation as the hallmark of obscenity. The book's thesis is that pornography becomes obscene when it can be the source of a degraded view of humanity. It has also highlighted the difference between the degradation of hate speech and the degradation of obscenity.
Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.003.0010
- Subject:
- Law, Legal History
This book has explored racist speech as well as sexist and homophobic speech by tracing the history of the nature of obscenity back to ancient Greece and Rome. It has shown that pornography was ...
More
This book has explored racist speech as well as sexist and homophobic speech by tracing the history of the nature of obscenity back to ancient Greece and Rome. It has shown that pornography was accepted in some cultures and eras but was considered obscene in others. It has discussed sexual depiction as the hallmark of pornography, and shame and degradation as the hallmark of obscenity. The book's thesis is that pornography becomes obscene when it can be the source of a degraded view of humanity. It has also highlighted the difference between the degradation of hate speech and the degradation of obscenity.
Less
This book has explored racist speech as well as sexist and homophobic speech by tracing the history of the nature of obscenity back to ancient Greece and Rome. It has shown that pornography was accepted in some cultures and eras but was considered obscene in others. It has discussed sexual depiction as the hallmark of pornography, and shame and degradation as the hallmark of obscenity. The book's thesis is that pornography becomes obscene when it can be the source of a degraded view of humanity. It has also highlighted the difference between the degradation of hate speech and the degradation of obscenity.
Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.003.0001
- Subject:
- Law, Legal History
This book explores hate speech and what is wrong with it using the concepts of obscenity. It traces the history of how societies have accepted pornographic depictions or have rejected those ...
More
This book explores hate speech and what is wrong with it using the concepts of obscenity. It traces the history of how societies have accepted pornographic depictions or have rejected those depictions through lists of banned books or antiobscenity laws. It examines what bans on obscenity, or other reactions to pornography, have been all about, along with the factors that make a word or phrase acceptable or unacceptable. The first part of the book discusses the history of how societies have treated sexual images while the second part focuses on the legal test for obscenity and how it is applied to incidents of potential hate speech. It also analyzes the obscenity doctrine that finds objectionable material presented to children that might be acceptable for adults in the context of racist, sexist, and homophobic speech. In this introduction, a clarification is made regarding the nature of obscenity and how it differs from pornography.Less
This book explores hate speech and what is wrong with it using the concepts of obscenity. It traces the history of how societies have accepted pornographic depictions or have rejected those depictions through lists of banned books or antiobscenity laws. It examines what bans on obscenity, or other reactions to pornography, have been all about, along with the factors that make a word or phrase acceptable or unacceptable. The first part of the book discusses the history of how societies have treated sexual images while the second part focuses on the legal test for obscenity and how it is applied to incidents of potential hate speech. It also analyzes the obscenity doctrine that finds objectionable material presented to children that might be acceptable for adults in the context of racist, sexist, and homophobic speech. In this introduction, a clarification is made regarding the nature of obscenity and how it differs from pornography.
Kevin W. Saunders
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741443
- eISBN:
- 9780814708750
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741443.003.0001
- Subject:
- Law, Legal History
This book explores hate speech and what is wrong with it using the concepts of obscenity. It traces the history of how societies have accepted pornographic depictions or have rejected those ...
More
This book explores hate speech and what is wrong with it using the concepts of obscenity. It traces the history of how societies have accepted pornographic depictions or have rejected those depictions through lists of banned books or antiobscenity laws. It examines what bans on obscenity, or other reactions to pornography, have been all about, along with the factors that make a word or phrase acceptable or unacceptable. The first part of the book discusses the history of how societies have treated sexual images while the second part focuses on the legal test for obscenity and how it is applied to incidents of potential hate speech. It also analyzes the obscenity doctrine that finds objectionable material presented to children that might be acceptable for adults in the context of racist, sexist, and homophobic speech. In this introduction, a clarification is made regarding the nature of obscenity and how it differs from pornography.
Less
This book explores hate speech and what is wrong with it using the concepts of obscenity. It traces the history of how societies have accepted pornographic depictions or have rejected those depictions through lists of banned books or antiobscenity laws. It examines what bans on obscenity, or other reactions to pornography, have been all about, along with the factors that make a word or phrase acceptable or unacceptable. The first part of the book discusses the history of how societies have treated sexual images while the second part focuses on the legal test for obscenity and how it is applied to incidents of potential hate speech. It also analyzes the obscenity doctrine that finds objectionable material presented to children that might be acceptable for adults in the context of racist, sexist, and homophobic speech. In this introduction, a clarification is made regarding the nature of obscenity and how it differs from pornography.
