Results for 'Free speech'

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  1.  35
    Free speech.David Weissman - 1996 - Metaphilosophy 27 (4):339-355.
    Recognition of the harms done by free speech is a function of the social ontology presupposed. An atomist ontology implies that the harms suffered are restricted to individual people. This paper suggests an alternate ontology—one that describes systems established by the causal reciprocities of their proper parts. It proposes a consequentialist moral theory, and considers the harms suffered by these systems when speech exposes their internal, otherwise private, behaviors or features, when speech is malicious and false, (...)
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  2. Free speech and offensive expression.Judith Wagner DeCew - 2004 - Social Philosophy and Policy 21 (2):81-103.
    Free speech has historically been viewed as a special and preferred democratic value in the United States, by the public as well as by the legislatures and courts. In 1937, Justice Benjamin Cardozo wrote in Palko v. Connecticut that protection of speech is a “fundamental” liberty due to America's history, political and legal, and he recognized its importance, saying, “[F]reedom of thought and speech” is “the matrix, the indispensable condition, of nearly every other form of freedom.” (...)
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  3. Free Speech and the Legal Prohibition of Fake News.Étienne Brown - 2023 - Social Theory and Practice 49 (1):29-55.
    Western European liberal democracies have recently enacted laws that prohibit the diffusion of fake news on social media. Yet, many consider that such laws are incompatible with freedom of expression. In this paper, I argue that democratic governments have strong pro tanto reasons to prohibit fake news, and that doing so is compatible with free speech. First, I show that fake news disrupts a mutually beneficial form of epistemic dependence in which members of the public are engaged with (...)
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  4.  48
    Free Speech in the Digital Age.Susan J. Brison & Katharine Gelber (eds.) - 2018 - Oup Usa.
    This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech.
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  5. The ethics of free speech.Mary Kate McGowan - 2010 - In John Skorupski, The Routledge Companion to Ethics. New York: Routledge. pp. 769-780.
    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.
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  6. Free speech and illocution.Rae Langton & Jennifer Hornsby - 1998 - Legal Theory 4 (1):21-37.
    We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by ‘speech’, in the context ‘free speech’, is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.
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  7. Free speech or equal respect?: Liberalism's competing values.John William Tate - 2008 - Philosophy and Social Criticism 34 (9):987-1020.
    This article looks at liberalism as a political tradition encompassing competing and, at times, incommensurable values. It looks in particular at the potential conflict between the values of free speech and equal respect. Both of these are foundational values for liberalism, in the sense that they arise as normative ideals from the very inception of the liberal tradition itself. Yet from the perspective of this tradition, it is by no means clear which of these values should be prioritized (...)
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  8.  38
    Free Speech Rights at Work: Resolving the Differences between Practice and Liberal Principle.Paul Wragg - 2015 - Industrial Law Journal 44 (1):1-28.
    ACAS reports increasing disciplinary action against employees over expression that employers dislike. Given the prominence of social media in contemporary life, this is a significant current legal issue yet one which has attracted relatively little academic comment. This article examines the compatibility of unfair dismissal doctrine in this context with traditional liberal principle. Arguably, doctrine provides only flimsy protection. Although the common law recognises the importance of individual autonomy generally when determining rights claims, this well-established liberal value appears to have (...)
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  9. Free speech and the politics of identity.David A. J. Richards - 1999 - New York: Oxford University Press.
    Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems, not only of inadequate protection of free speech, but also (...)
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  10. Free Speech.Alan Haworth - 1998 - Routledge.
    Free Speech is a philosophical treatment of a topic which is of immense importance to all of us. Writing with great clarity, wit, and genuine concern, Alan Haworth situates the main arguments for free speech by tracing their relationship to contemporary debates in politics and political philosophy, and their historical roots to earlier controversies over religious toleration. Free Speech will appeal to anyone with an interest in philosophy, politics and current affairs.
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  11.  19
    Free Speech: The Last Right to Be Lost.Stephen M. Krason - 2013 - Catholic Social Science Review 18:257-259.
    This article was one of SCSS President Stephen M. Krason’s online “Neither Left nor Right, but Catholic” columns. It appeared on April 1, 2012. There is a link to Krason’s monthly column at the SCSS website. Since August 2012, his column also appears at Crisismagazine.com. This article considers new, serious threats to free speech in the contemporary Western world.
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  12.  71
    Free Speech Fallacies as Meta-Argumentative Errors.Scott F. Aikin & John Casey - 2023 - Argumentation 37 (2):295-305.
    Free speech fallacies are errors of meta-argument. One commits a free speech fallacy when one argues that since there are apparent restrictions on one’s rights of free expression, procedural rules of critical exchange have been broken, and consequently, one’s preferred view is dialectically better off than it may otherwise seem. Free speech fallacies are meta-argumentative, since they occur at the level of assessing the dialectical situation in terms of norms of argument and in (...)
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  13. The Free Speech Argument against Pornography.Caroline West - 2003 - Canadian Journal of Philosophy 33 (3):391 - 422.
    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 (...)
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  14.  24
    Student Free Speech and Schools as Public Spaces.Neil Dhingra - 2019 - Educational Theory 69 (6):657-673.
  15.  70
    Free Speech and the Embodied Self.Japa Pallikkathayil - 2018 - In David Sobel, Steven Wall & Peter Vallentyne, Oxford Studies in Political Philosophy. Oxford University Press. pp. 61-83.
    Democratic theories of free speech hold that the right to free speech is grounded in the nature of collective self-governance. The legitimacy of imposing laws on those who disagree with them depends on giving all citizens an equal right to participate in the lawmaking process, including the right to express their opposition. Ronald Dworkin argues that views of this kind are in tension with hate speech regulation. If we forbid the expression of prejudice, we undermine (...)
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  16.  18
    Against Free Speech.Anthony Leaker - 2018 - Rowman & Littlefield International.
    This book presents an accessible and carefully argued challenge to conventional approaches to thinking about free speech. Anthony Leaker provides a richer, more nuanced understanding of what free speech is and how it operates, explaining how free speech arguments are situated within a broader liberal humanist ideology.
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  17. Autonomy, free speech and automatic behaviour.Andrés Moles - 2006 - Res Publica 13 (1):53-75.
    One of the strongest defences of free speech holds that autonomy requires the protection of speech. In this paper I examine five conditions that autonomy must satisfy. I survey recent research in social psychology regarding automatic behaviour, and a challenge to autonomy is articulated. I argue that a plausible strategy for neutralising some of the autonomy-threatening automatic responses consists in avoiding the exposure to the environmental features that trigger them. If this is so, we can good autonomy-based (...)
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  18. Political liberalism, free speech and public reason.Matteo Bonotti - 2015 - European Journal of Political Theory 14 (2):180-208.
    In this paper, I critically assess John Rawls' repeated claim that the duty of civility is only a moral duty and should not be enforced by law. In the first part of the paper, I examine and reject the view that Rawls' position may be due to the practical difficulties that the legal enforcement of the duty of civility might entail. I thus claim that Rawls' position must be driven by deeper normative reasons grounded in a conception of free (...)
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  19. Insults, Free Speech and Offensiveness.David Archard - 2013 - Journal of Applied Philosophy 31 (2):127-141.
    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 (...)
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  20. Free Speech: A Very Short Introduction.Nigel Warburton - 2009 - Oxford University Press.
    How important is free speech? Should it be defended at any cost? Or should we set limits on what can and cannot be said? This Very Short Introduction offers a lively and thought-provoking guide to these questions, exploring both the traditional philosophical arguments as well as the practical issues and controversies facing society today.
  21.  6
    The Free Speech Principle: A Topography.Alexander Brown - forthcoming - Canadian Journal of Law and Jurisprudence:1-39.
    This paper argues that what scholars call ‘the free speech principle’ is not one principle but a slew of principles, and that these principles harbour several important differences that have remained largely unremarked upon, namely: (i) extending vs. limiting principles; (ii) comparative vs. non-comparative principles; and (iii) monistic vs. pluralistic principles. The paper also critically assesses certain generalisations that people might be tempted to make about these different principles, such as that one kind of free speech (...)
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  22.  11
    Free Speech Law and the Pornography Debate: A Gender-Based Approach to Regulating Inegalitarian Pornography.Lynn Mills Eckert - 2020 - Lexington Books.
    By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography’s harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds.
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  23. For Free Speech, “Religious Offense,” and “Undermining Self-Respect”: A Reply to Bonotti and Seglow.Uwe Steinhoff - manuscript
    Recent arguments trying to justify further free speech restrictions by appealing to harms that are allegedly serious enough to warrant such restrictions regularly fail to provide sufficient empirical evidence and normative argument. This is also true for the attempt made by Bonotti and Seglow. They offer no valid argument for their claim that it is wrong to direct “religiously offensive speech” at “unjustly disadvantaged” minorities (thereby allegedly undermining their “self-respect”), nor for their further claim that this is (...)
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  24.  28
    Free Speech in a World of Diversity, Inclusion and Equity.Wayne Cristaudo - 2023 - The European Legacy 28 (5):519-526.
    Both books reviewed here argue for the importance of free speech, though apart from that they have little in common. One, The Most Human Right: Why Free Speech is Everything by Eric Heinze is a cas...
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  25.  37
    Free Speech and Discrimination in the Cake Wars.John Corvino - 2018 - In David Boonin, Palgrave Handbook of Philosophy and Public Policy. Cham: Palgrave Macmillan. pp. 317-328.
    In 2012, baker Jack Phillips of Masterpiece Cakeshop refused to create a wedding cake for a same-sex couple, citing religious beliefs. Colorado Public Accommodations law prohibits business owners from denying the “full and equal enjoyment” of their services on the basis of sexual orientation, and Phillips refused to sell the couple the very same items he would sell to a heterosexual couple. But Phillips, who fashions himself as a “cake artist,” argues that applying the law here would interfere with his (...)
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  26. Epistemic obligations and free speech.Boyd Millar - 2024 - Analytic Philosophy 65 (2):203-222.
    Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition (...)
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  27. Free speech and "democratic persuasion" : a response to Brettschneider.Larry Alexander - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo, Philosophical Foundations of Human Rights. Oxford, United Kingdom: Oxford University Press UK.
     
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  28. The academic betrayal of free speech.Daniel Jacobson - 2004 - Social Philosophy and Policy 21 (2):48-80.
    “ 'Free speech' is just the name we give to verbal behavior that serves the substantive agendas we wish to advance”—or so literary theorist and professor of law Stanley Fish has claimed. This cynical dictum is one of several skeptical challenges to freedom of speech that have been extremely influential in the American academy. I will follow the skeptics' lead by distinguishing between two broad styles of critique: the progressive and the postmodern. Fish's dictum, however, like many (...)
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  29.  16
    Free Speech.Scott Aikin & John Casey - 2018-05-09 - In Robert Arp, Steven Barbone & Michael Bruce, Bad Arguments. Wiley. pp. 348–350.
    This chapter focuses on one of the common fallacies in Western philosophy: free speech fallacy (FS). The FS consists in thinking one's political right to freedom of expression includes protection from criticism. Those who commit this fallacy allege that critical scrutiny is either tantamount to censorship or equivalent to the imposition of one's views on others. The error in the fallacy is that the freedom of expression includes critical expressions. The trouble with the argument is that freedom of (...)
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  30.  24
    Free speech, fair trials, lawyers and the mediaan overview of recent developments.Ian Cram - 1998 - Legal Ethics 1 (2):119-122.
  31.  64
    Kant on Free Speech: Criticism, Enlightenment, and the Exercise of Judgement in the Public Sphere.Kristi Sweet - 2024 - Kantian Review 29 (1):61-80.
    In this article, I offer a novel and in-depth account of how, for Kant, free speech is the mechanism that moves a society closer to justice. I argue that the criticism of the legislator preserved by free speech must also be the result of collective agreement. I further argue that structural features of judgements of taste and the sensus communis give guidance for how we should communicate publicly to succeed at the aims Kant has laid out, (...)
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  32.  21
    Free Speech on Campus.Martin Philip Golding - 2000 - Rowman & Littlefield Publishers.
    If the University had a constitution, would it contain a free speech provision such as exists in the U.S. Constitution? The author develops in some detail the idea of the University as a special social institution that has as its goal the dissemination and advancement of knowledge.Free Speech on Campus examines the arguments, pro and con, concerning appropriate standards of discourse and expression that are particularly germane to the campus context, public or private, whether or not (...)
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  33.  57
    Free Speech: A Very Short Introduction. By Nigel Warburton.Markus Meckl - 2012 - The European Legacy 17 (5):703 - 703.
    The European Legacy, Volume 17, Issue 5, Page 703, August 2012.
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  34.  12
    Outspoken: Free Speech Stories.Nan Levinson - 2004 - Journal of Information Ethics 13 (2):94-99.
  35.  30
    Free Speech and Art Subsidies.Daniel Shapiro - 1995 - Law and Philosophy 14 (3/4):329 - 355.
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  36. Free Speech in the Balance.Alexander Tsesis - 2020 - Cambridge University Press.
    Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This (...)
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  37.  34
    Political Free Speech Ought to Be an Absolute.James A. Gould - 1982 - International Journal of Applied Philosophy 1 (1):65-70.
  38. A Kantian Conception of Free Speech.Helga Varden - 2010 - In Deidre Golash, Free Speech in a Diverse World. Springer.
    In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons (...)
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  39. Should We Unbundle Free Speech and Press Freedom?Robert Mark Simpson & Damien Storey - 2024 - In Carl Fox & Joe Saunders, Routledge Handbook of Philosophy and Media Ethics. Routledge. pp. 69-80.
    This paper presents an account of the ethical and conceptual relationship between free speech and press freedom. Many authors have argued that, despite there being some common ground between them, these two liberties should be treated as properly distinct, both theoretically and practically. The core of the argument, for this “unbundling” approach, is that conflating free speech and press freedom makes it too easy for reasonable democratic regulations on press freedom to be portrayed, by their opponents, (...)
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  40.  47
    Is free speech a right?M. Whitcomb Hess - 1936 - Journal of Philosophy 33 (16):437-443.
  41. Heckling, Free Speech, and Freedom of Association.Emily McTernan & Robert Mark Simpson - 2023 - Mind 133 (529):117-142.
    People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech (...)
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  42.  22
    Free speech on free radicals and ageing.Gordon Lithgow - 2001 - Bioessays 23 (9):858-858.
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  43. Free Speech and Universal Dialogue.John Lizza - 2008 - Skepsis: A Journal for Philosophy and Interdisciplinary Research 19 (1-2).
     
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  44.  47
    Free Speech and Public Debate.David I. Gandolfo & George A. Trey - 1993 - Social Philosophy Today 8:329-346.
  45.  49
    Free Speech and the Social Construction of Privacy.Frederick Schauer - 2001 - Social Research: An International Quarterly 68 (1):221-234.
  46. Disagreement and Free Speech.Sebastien Bishop & Robert Mark Simpson - 2024 - In Maria Baghramian, J. Adam Carter & Rach Cosker-Rowland, Routledge Handbook of Philosophy of Disagreement. New York, NY: Routledge.
    This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We (...)
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  47.  55
    Justifications for Our Free Speech.Patrick Lee Plaisance - 2003 - International Journal of Applied Philosophy 17 (2):211-224.
    In two influential articles setting forth his arguments against restrictions on free expression in the 1970s, Harvard philosopher T. M. Scanlon suggested and later rejected the notion that autonomous agency ought to be a primary constraint on most justifications used to restrict speech. The concept of autonomy, he said, was “notoriously vague and slippery” as a basis for judging free-speech restrictions. Instead, Scanlon argued that free expression—and proposed restrictions on it—should be justified in terms of (...)
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  48. Speech and Harm: Controversies Over Free Speech.Ishani Maitra & Mary Kate McGowan (eds.) - 2012 - Oxford: Oxford University Press.
    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 (...)
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  49.  98
    Free speech on social media: How to protect our freedoms from social media that are funded by trade in our personal data.Richard Sorabji - 2020 - Social Philosophy and Policy 37 (2):209-236.
    I have argued elsewhere that in past history, freedom of speech, whether granted to few or many, was granted as bestowing some important benefit. John Stuart Mill, for example, in On Liberty, saw it as enabling us to learn from each other through discussion. By the test of benefit, I here argue that social media that are funded through trade in our personal data with advertisers, including propagandists, cannot claim to be supporting free speech. We lose our (...)
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  50.  47
    Electronic commerce and free speech.Jessica Litman - 1999 - Ethics and Information Technology 1 (3):213-225.
    For commercial purveyors of digital speech, information and entertainment, the biggest threat posed by the Internet isn''t the threat of piracy, but the threat posed by free speech -- speech that doesn''t cost any money. Free speech has the potential to squeeze out expensive speech. A glut of high quality free stuff has the potential to run companies in the business of selling speech out of business. We haven''t had to worry (...)
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