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 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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  3.  70
    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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  4.  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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  5. 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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  6.  47
    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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  7.  18
    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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  8. Free speech and bad speech: Kasky V. Nike and the right to lie.Glen Newey - 2010 - Bijdragen 71 (4):407-425.
    In this article Glen Newey defends the view that freedom of expression, and specifically free speech, enjoys special status because it is a necessary condition of politics itself. The first political question concerns the terms on which people associate with one another. This requires free speech, because in order to associate, people need to think of themselves as entering into unconstrained agreements and this demands full access to information. He considers different ways in which free (...)
     
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  9. 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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  10.  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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  11. 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.
  12.  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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  13. 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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  14. 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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  15.  16
    Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism.Mark A. Graber - 1991 - University of California Press.
    Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. _Transforming Free Speech_ challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the (...)
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  16. 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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  17. 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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  18. 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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  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.  75
    Introduction: Updating Mill on Free Speech.Piers Norris Turner - 2021 - Utilitas 33 (2):125-132.
    John Stuart Mill's defense of freedom of discussion in On Liberty remains a major influence on philosophical and public debates about free speech. By highlighting underappreciated textual evidence and key distinctions, this introduction attempts to show how the contributions of the symposium authors – Melina Constantine Bell, Rafael Cejudo, Christopher Macleod, and Dale E. Miller – point toward a more complete account of Mill's views.
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  21.  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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  22. 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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  23. 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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  24.  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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  25.  69
    Property rights and free speech: Allies or enemies?James W. Ely - 2004 - Social Philosophy and Policy 21 (2):177-194.
    Free speech has been treated as a preeminent constitutional right in the United States for more than half a century. The rights of property owners, on the other hand, have received little constitutional protection since the New Deal period of the 1930s. This modern dichotomy is particularly striking because it obscures an older constitutional tradition that equated economic liberty and freedom of expression. This tradition saw both property rights and speech rights as essential to the protection of (...)
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  26. Free speech as an inverted right and democratic persuasion.Corey Brettschneider - 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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  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.  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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  29. (1 other version)Free Speech: A Philosophical Inquiry.Frederick Schuer - 1984 - Philosophy 59 (227):130-132.
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  30.  12
    Outspoken: Free Speech Stories.Nan Levinson - 2004 - Journal of Information Ethics 13 (2):94-99.
  31.  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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  32. 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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  33.  16
    (1 other version)How Ontology Saved Free Speech in Cyberspace.Julie Van Camp - 1998 - The Paideia Archive: Twentieth World Congress of Philosophy 33:64-69.
    Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open (...)
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  34.  21
    Who Has a Free Speech Problem? Motivated Censorship Across the Ideological Divide.Manuel Almagro, Ivar R. Hannikainen & Neftalí Villanueva - 2023 - In David Bordonaba-Plou, Experimental Philosophy of Language: Perspectives, Methods, and Prospects. Springer Verlag. pp. 215-237.
    Recent years have seen recurring episodes of tension between proponents of freedom of speech and advocates of the disenfranchised. Recent survey research attests to the ideological division in attitudes toward free speech, whereby conservatives report greater support for free speech than progressives do. Intrigued by the question of whether “canceling” is indeed a uniquely progressive tendency, we conducted a vignette-based experiment examining judgments of offensiveness among progressives and conservatives. Contrary to the dominant portrayal of progressives (...)
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  35. 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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  36. Free Speech and Universal Dialogue.John Lizza - 2008 - Skepsis: A Journal for Philosophy and Interdisciplinary Research 19 (1-2).
     
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  37. Free speech in cyberspace.Robert M. O'neil - 1998 - Journal of Information Ethics 7 (1):15-23.
  38. 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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  39. 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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  40.  49
    Free Speech and the Social Construction of Privacy.Frederick Schauer - 2001 - Social Research: An International Quarterly 68 (1):221-234.
  41.  47
    Is free speech a right?M. Whitcomb Hess - 1936 - Journal of Philosophy 33 (16):437-443.
  42. Free speech.Roger Crisp - 2019 - In David Edmonds, Ethics and the Contemporary World. New York: Routledge.
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  43.  95
    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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  44.  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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  45.  62
    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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  46.  68
    Autonomy and the Free Speech Principle.Susan Easton - 1995 - Journal of Applied Philosophy 12 (1):27-39.
    ABSTRACT Autonomy may be used to justify free speech claims where the right is raised against the state but also to justify state intervention intended to promote autonomy which may entail restraints on others' speech. The appeal to diversity and autonomy may be used by both sides of the pornography and censorship debate. Although autonomy may be invoked in defence of pornography as part of the general defence of free speech, it is argued that autonomy (...)
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  47.  9
    What Snowflakes Get Right: Free Speech, Truth, and Equality on Campus.Ulrich Baer - 2019 - Oup Usa.
    In What 'Snowflakes' Get Right About Free Speech, Ulrich Baer draws on jurisprudence, philosophical texts, and his long experience as a senior university administrator to show that debates surrounding free speech on university campuses are not about the feelings of offended students but about our democracy's commitment to equality and the university's critical role as an arbiter of truth in society.
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  48.  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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  49.  18
    The Weaponization of Free Speech.Martin Jay - 2022 - Analiza I Egzystencja 59:5-27.
    Formułowane w ostatnim czasie przez postępowych Amerykanów zarzuty wobec cynicznej, konserwatywnej „weaponizacji” wolności słowa trafnie zwracają uwagę na tkwiący w niej aspekt hipokryzji. Przesłankę tych oskarżeń często stanowi jednak wolność słowa rozumiana „absolutystycznie” jako bezwzględne dobro. W istocie należy ją zawsze rozumieć jako coś, co prowadzi do innego celu: mającego wymiar obiektywny, subiektywny bądź intersubiektywny. Najczęstszą funkcją wolności słowa jest tworzenie warunków dla epistemologicznego poszukiwania prawdy. Zwracali na to uwagę liberałowie, tacy jak John Stuart Mill, oraz marksiści, tacy jak Herbert (...)
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  50. 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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