In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are (...) vulnerable to harm. It also shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

According to the influential “expressive” argument for hate speech laws, legal restrictions on hate speech are justified, in significant part, because they powerfully express opposition to hate speech. Yet the expressive argument faces a challenge: why couldn't we communicate opposition to hate speech via counterspeech, rather than bans? I argue that the expressive argument cannot address this challenge satisfactorily. Specifically, I examine three considerations that purport to explain bans’ expressive distinctiveness: considerations of (...) strength; considerations of directness; and considerations of complicity. These considerations either fail to establish that bans are expressively superior to counterspeech, or presuppose that bans successfully deter hate speech. This result severely undercuts the expressive argument's appeal. First, contrary to what its proponents suggest, this argument fails to circumvent the protracted empirical controversies surrounding bans’ effectiveness as deterrents. Second, the expressive argument appears redundant, because bans are expressively distinctive only insofar as hate speech is already suppressed. (shrink)

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features and practical considerations . The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of (...) the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue. (shrink)

There is much in Weinstein’s article to contemplate, but I shall limit myself to making the following four main points. First, I believe that debates concerning the normative standing of hate speech law are always improved by heeding the internal variety of such law, and although I can see something of that same care in Weinstein’s article, such as when he distinguishes between different forms of hate speech law based on relative detriment to the legitimacy of (...) so-called downstream laws, in some instances this care is lacking. Second, Weinstein plays up the importance of collective authorization or democratic legitimacy of downstream laws vis-à-vis “(a) the obligation of those restrained by the speech restriction to obey a downstream antidiscrimination law; and (b) the morality of enforcing the downstream measure against those whose participatory rights have been impaired by the upstream speech restriction.” These may be important aspects of what it means to detract from the legitimacy of downstream laws, but they do not exhaust the relevant aspects. Third, I think that Weinstein’s article ignores some important nuances in what I have argued about hate speech laws and political legitimacy, and ignores something that might be true of the relationship between political and democratic legitimacy, namely, it might be that political legitimacy takes lexical priority over and, therefore, cannot be traded off against, the collective authorization or democratic legitimacy of downstream laws. Finally, I believe that in describing my use of the precautionary principle as “plainly indefensible” Weinstein has done justice neither to the raw plausibility of that principle nor to how I applied it to the special silencing effects of hate speech. (shrink)

No serious attempt to answer the question ‘What is hate speech?’ would be complete without an exploration of the outer limits of the concept(s). This book critically examines both the ordinary and legal concepts of hate speech, contrasting social media platform content policies with national and international laws. It also explores a range of controversial grey area examples of hate speech. Part I focuses on the ordinary concept and looks at hybrid attacks, selective attacks, (...) reverse attacks, righteous attacks, indirect attacks, identity attacks, existential denials, identity denials, identity miscategorisations, and identity appropriations. Part II concentrates on the legal concept. It considers how to distinguish between hate speech and hate crime and examines the precarious position of denialism laws in national and international law. Together the authors draw on conceptual analysis, doctrinal analysis, linguistic analysis, critical analysis, and diachronic analysis to map the new frontiers of the concepts of hate speech. (shrink)

This paper examines Mary Kate McGowan’s account of oppressive speech. McGowan argues that ordinary hateful speech can oppress by enacting discriminatory norms, and further, that this enactment sometimes renders the speech regulable under current United States law. In response, the paper raises two sets of questions. First, it asks about the contents of the norms enacted by a given hateful utterance, and specifically, about what determines those contents. Second, the paper also questions McGowan’s emphasis on the distinction (...) between causing harm and enacting (or constituting) harm. It argues that, contra that emphasis, this distinction doesn’t matter for the regulability of speech in McGowan’s central cases. (shrink)

Hate speech and misinformation are rife. How to respond? Counterspeech proposals say: with more and better speech. This paper considers the treatment of counterspeech in Maxime Lepoutre’s Democratic Speech In Divided Times. Lepoutre provides a nuanced defence of counterspeech. Some counterspeech, he grants, is flawed. But, he says: counterspeech can be debugged. Once we understand why counterspeech fails – when fail it does – we can engineer more effective counterspeech strategies. Lepoutre argues that the failures of (...) counterspeech can be theorised using the ideology of salience. Negative counterspeech fails because it reinforces the salience of the very ideas or associations that it contests. His solution? Positive counterspeech – a form of counterspeech which avoids the salience trap. I argue that the salience paradigm is ill-suited to theorise the failures of counterspeech. I suggest some alternatives. Further, I show that these alternative paradigms make importantly different practical recommendations – recommendations concerning how we ought to engineer our counterspeech – from those issued by the salience paradigm. (shrink)

-/- 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)

This book aims to understand why women are the targets of online hate speech and how we can stop this from occurring. -/- Why are women so frequently targeted with hate speech online and what can we do about it? Psychological explanations for the problem of woman-hating overlook important features of our social world that encourage latent feelings of hostility toward women, even despite our consciously-held ideals of equality. Louise Richardson-Self investigates the woman-hostile norms of the (...) English-speaking internet, the ‘rules’ of engagement in these social spaces, and the narratives we tell ourselves about who gets to inhabit such spaces. It examines the dominant imaginings (images, impressions, stereotypes, and ideas) of women that are shared in acts of hate speech, highlighting their ‘emotional stickiness’. But offering strategies through which we may reimagine our norms of online engagement, the stories that justify those norms, and the logic that makes sense of it all, this book shows how we can create alternative visions of what it means to take up online space as a woman and to ensure that women are seen as entitled to be there. By exploring aspects of ‘social imaginaries’ theory and applying it to the problem of hate speech against women online, this book illuminates why woman-hating has become such a prominent feature of this environment and how we can make these spaces safer for women. (shrink)

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has (...) wider implications, I argue: for hate speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires. (shrink)

This paper engages with the recent dignity-based argument against hate speech proposed by Jeremy Waldron. It’s claimed that while Waldron makes progress by conceptualising dignity less as an inherent property and more as a civic status which hate speech undermines, his argument is nonetheless subject to the problem that there are many sources of citizens’ dignitary status besides speech. Moreover, insofar as dignity informs the grounds of individuals’ right to free speech, Waldron’s argument leaves (...) us balancing hate speakers’ dignity against the dignity of those whom they attack. I suggest instead that a central part of the harm of hate speech is that it assaults our self-respect. The reasons to respect oneself are moral reasons which can be shared with others, and individuals have moral reasons to respect themselves for their agency, and their entitlements. Free speech is interpreted not as an individual liberty, but as a collective enterprise which serves the interests of speakers and the receivers of speech. I argue that hate speech undermines the self-respect of its targets in both the agency and entitlement dimensions, and claim, moreover, that this is a direct harm which cannot be compensated for by other sources of self-respect. I further argue that hate speakers have no basis to respect themselves qua their hate speech, as self-respect is based on moral reasons. I conclude that self-respect, unlike dignity, is sufficient to explain the harm of hate speech, even though it may not be necessary to explain its wrongness. (shrink)

Applying speech act theory to the phenomenon of hate speech, some philosophers seek to explain how even ordinary people can obtain the capacity, power, or authority to oppress, subordinate, or marginalise the targets of their verbal attacks. Such explanations are answers to what is called the authority problem. However, hitherto these philosophers have focused exclusively on standard examples of racist speech in which members of historically oppressor groups verbally attack members of oppressed groups. In this paper, (...) I address the (or an) authority problem in relation to examples of reverse hate speech, where members of historically oppressed groups verbally attack members of oppressor groups. I critically examine two conventional answers to the authority problem: the first is that even ordinary people can successfully perform prototypical hate speech acts by virtue of being participants in norm-governed social practices of racism; the second is that such people can do so by virtue of the silence of bystanders granting them licensed authority. I argue these conventional answers have lesser explanatory heft as applied to examples of reverse hate speech. I then introduce and defend a third answer to the authority problem, which I believe can adequately account for examples of both standard and reverse hate speech, namely the possession of informal social authority. (shrink)

According to René Girard, all religious traditions - and so every tradition- originate from a communitarian violence towards a randomly chosen individual. I provide an introductory construal of Girard’s proposal in the first section of my paper. In the second section, I will address a conceptual view of the theory by making explicit its principles and their inferential relations. In the third section, I will explain how philosophers of language address slurs and hate-speech. Particularly, I will apply such (...) materials to Girard’s assumption that the three friends’ discourses to Job are instances of hate-speech. My purpose is to defend the use of a presuppositional account of derogatory epithets in the philosophy of religion, and to argue for the legitimacy of reading a number of religious statements which cement a social group into a “we” in opposition to an individual who is individuated as an instance of a “not-we” as slurs. In the fourth section, I will argue that, if Girard is right in thinking that speech-hate and the use of slurs are means for the identification of a scapegoat within a group, then Girard’s theory needs to be adjusted in order to accommodate some obvious difficulties. Finally, in the fifth section, I will sum up my conclusions and then provide a few suggestions for defending the theory. (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 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)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. (...) This tension between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Hate speech has spread more rapidly through the daily use of technology and, most notably, by sharing your opinions or feelings on social media in a negative aspect. Although numerous works have been carried out in detecting hate speeches in English, German, and other languages, very few works have been carried out in the context of the Bengali language. In contrast, millions of people communicate on social media in Bengali. The few existing works that have been carried (...) out need improvements in both accuracy and interpretability. This article proposed encoder–decoder-based machine learning model, a popular tool in NLP, to classify user’s Bengali comments from Facebook pages. A dataset of 7,425 Bengali comments, consisting of seven distinct categories of hate speeches, was used to train and evaluate our model. For extracting and encoding local features from the comments, 1D convolutional layers were used. Finally, the attention mechanism, LSTM, and GRU-based decoders have been used for predicting hate speech categories. Among the three encoder–decoder algorithms, attention-based decoder obtained the best accuracy (77%). (shrink)

Jeremy Waldron, among others, has forcefully argued that public hate speech assaults the dignity of its targets. Without denying this claim, I contend that it fails to establish that bans, rather than counterspeech, are the appropriate response. By articulating a more refined understanding of counterspeech, I suggest that counterspeech constitutes a better way of blocking hate speech’s dignitarian harm. In turn, I address two objections: according to the first, which draws on contemporary philosophy of language, counterspeech (...) does not block enough hate speech; according to the second, counterspeech blocks too much speech. Although these objections should qualify our optimism regarding counterspeech, I demonstrate that each can be turned, with even greater force, against hate speech bans. (shrink)

This study delves into the manifestation and characteristics of hate speech in the Greek online public sphere, specifically exploring its most prominent forms, namely racism, anti-immigrant sentiment, nationalism, sexism, and homophobia/transphobia. Combining quantitative and qualitative methods, the research analyzes popular Greek online news media. It aims to uncover the visibility and operational patterns of hate speech, addressing key questions about its prevalence and presentation on these platforms. Findings reveal the normalization of discriminatory speech, particularly sexism (...) and nationalism, in the digital landscape. Moreover, distinct themes and linguistic elements associated with different forms of hate speech highlight the intertwined nature of these discriminatory expressions. This research sheds light on the pervasive nature of hate speech in Greece’s online realm, emphasizing its implications for democratic principles. (shrink)

In this paper we focus on the difficulty in judging what is called covert hate speech. We emphasize the need for a multidimensional framework when analysing covert hate speech in situ, and the need to consider the multifaceted dimension of such speech act to assess its performativity. To explain such need, we apply the test of the Rabat Plan of Action and adopt a pragmatic perspective to analyse a specific covert hate speech act, (...) considering such speech act as both an expressive and potentially performative act. We focus on the prosecution of hate speech against a woman holding a poster during an anti-safe pass demonstration. Her poster inferred a link between conspiracy theory, the government strategy addressing the Covid pandemic and many other collectives, primarily the Jewish community. Our analysis of the sign adopts a radically context-dependent methodology combining a pragmatic approach and the Rabat Plan of Action test. We then contrast our analysis with the legal and media perspective on the issue. We conclude by suggesting the benefit of integrating pragmatic analysis with application of normative set of rules such as the Rabat Plan of Action test, even though the fluidity of meaning always poses a challenge to any authority tasked with judging such communicative events. (shrink)

This article argues against the term and concept of ‘hate speech’ and in favour of using the concept and term ‘discriminatory speech’. ‘Hate speech’ is a misnomer; we should name the harmful speech in question by what it in fact does: it discriminates. The article argues for this conceptual replacement claim by identifying a number of functions the concept ‘hate speech’ has been meant to serve and by arguing that extant concepts of (...) hate speech have not served this function well. Roughly, they do not serve the functions well because of five properties of hate speech: hate centricity, perpetrator centricity, intention centricity, emotion centricity, and individual centricity. The article then proposes a definition of discriminatory speech and argues that it fulfils the conceptual functions better. (shrink)

The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate (...) class='Hi'>speech in an attempt to understand the general concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. (shrink)

Jeremy Waldron, The Harm in Hate Speech, 304 pp. The city of St. Paul, Minnesota, enacted a hate speech ordinance: Whoever places on public or privat...

One of the most powerful arguments against state regulation of expression has, in recent years, been presented in a reinvigorated and developed form. The argument in question maintains that state regulation of expression undercuts the legitimacy of the law because it involves the suppression of a source of democratic contestation. The paper distinguishes between three importantly different versions of this legitimacy argument that existing work fails to clearly separate. Doing so is important because different forms of the legitimacy argument are (...) supported by different considerations, vulnerable to different objections, and have different implications. Further, the paper levels two serious objections to legitimacy arguments against hate speech regulation. Firstly, it offers a consolidated defence of an extant rejoinder to the legitimacy argument, based on the claim that some person’s speech can ‘silence’ the expression of others. Secondly, the paper challenges the claim that the regulation of hate speech is necessarily viewpoint discriminatory. (shrink)

Hate speech is interpreted in various ways. It is always analysed in the context of the relationship between freedom of speech and the possible lack of freedom caused by legal regulation and sanctioning of hate speech. In this paper we want to start from the consideration of hate itself and in this way consider it in its biological and cultural dimensions. Using specific examples of hate speech, we aim to show the intertwining (...) of the biological and the intellectual, the cultural and the physical, the ideological and the emotional. The analysis of some cases of hate speech and the passion of individuals involved in this psychological and intellectual immaturity makes clear how important it is for philosophy to lunge into this poor reality – steps taken to give philosophical views on these phenomena, but also basic criteria for possible orientation in other scientific research. (shrink)

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)

Using the taking of the knee by the England men's football team at Euro 2020, this paper looks at political reactions to anti-racist protest. The taking of a knee in other sporting contexts has been met by considerable opprobrium from right-wing politicians and been weaponised as part of a reactionary ‘culture war’ against calls for action to address systemic racial discrimination. This paper offers an analysis of Conservative politicians’ responses to the England players’ actions and to the subsequent negative reactions (...) of fans. After defining soft hate speech and conceptualising booing as a strategy of denial of racism, the analysis reveals three main discursive strategies: delegitimising the players’ protests by linking it to Black Lives Matter; agreeing with the goals of the protests but not the means; and calculated ambivalence towards those who booed. I then show how this allowing of soft hate speech was juxtaposed to a condemnation of hard hate speech. I conclude, firstly, that this relies on a thin understanding of racism as a discursive repertoire rather than as a system of power, and secondly, that the ambivalence towards the booing acted as a gateway for racism. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures (...) whose wide-scale operations lower the social status of members of targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

For many women and girls sexist and misogynistic language is an everyday experience. Some instances of this speech can be categorized as ‘sexist hate speech’, as not only having an insulting or degrading character towards the individuals to whom the speech is addressed, but also resonating with the entire group, contributing to its silencing, marginalization and exclusion. The aim of this article is to examine how sexist hate speech is handled in international human rights (...) law. The argument derives from the claim than that legal discourse should distinguish between ‘sexist speech’ and ‘sexist hate speech’, and that the later may be qualified as a form of violence against women. Then it analyses the approaches of two human rights protection systems—the United Nations and the Council of Europe system—towards the phenomenon of sexist hate speech, by taking their position towards hate speech in general as a point of reference. In both systems, sexist hate speech is being addressed more eagerly under the gender equality framework, including counteracting violence against women, than in their interpretation of hate speech under general human rights law. The article argues the importance of recognizing and addressing sexist hate speech both within the framework of gender equality instruments and anti-hate speech framework established by international human rights bodies. (shrink)

In this post, Teresa Marques discusses her recent article in Journal of Applied Philosophy on whether hate is an essential component of hate speech. [blog post].

In line with my 2021 book Freedom of Expression as Self-Restraint – albeit in a much shorter compass – this essay will argue against the moral defensibility of hate-speech laws like those in the United Kingdom and Canada and the Antipodes and most countries of western Europe. Such laws contravene the moral principle of freedom of expression, and therefore contravene one of the central precepts of liberal democracy. Under that principle, a necessary condition for the moral permissibility of (...) any law that proscribes some type or instance of communicative activity is that the activity in question is constitutive of serious communication-independent wrongdoing. Given the centrality of the notion of communication-independent wrongdoing to the principle of freedom of expression, we should begin here with an explication of that notion. (shrink)

The present paper aims to report on the preliminary findings from the initial stages of ongoing research on hate speech in Lithuanian online comments. Comments are marked strongly by such phenomena as flaming and trolling; therefore, in this genre we can expect a high degree of hostility, obscenity, high incidence of insults and aggressive lexis, which can inflict harm to individuals or organizations. The goal of the current research is thus to make an attempt to identify some features (...) of verbal aggression in Lithuanian by applying the principles and instruments of corpus linguistics, which proved to be a useful approach when dealing with such issues as trolling. It is expected that further analysis of those features will help to identify and define formal linguistic criteria that could facilitate identification of hate speech in public discourse. The data has been obtained from the Lithuanian corpus of user-generated comments collected from one major Lithuanian portal, www.delfi.lt. The corpus consists of all the comments posted in the year 2014 and in total includes 17,909 comments, which make up 1,160,109 words. For the initial data analysis, linguistic aspects, such as wordlists, collocations, and formulaic language, were analysed by using the AntConc software. The interpretations of the results are still very tentative, but what the initial findings show is that overt aggression does not feature among the most frequent and most salient features of comments. Aggression is, in our data, indirectly expressed through creative language use, which can mainly be studied through qualitative analysis. (shrink)

On countering slander, religious hate speech, and blasphemy from Islamic perspectives to build religious harmony in Indonesia.

This essay consolidates some fragments of the contemporary theory of expressive freedoms, bringing together scattered conceptual distinctions (e.g., hurting and harming, tolerating and legitimating) and moves (e.g., the need to rectify hateful speech and to constrain harmful actions legally) into an account that is sensitive to the needs of abused groups but faithful to the libertarian tradition associated with Mill's harm principle. Accepting this principle as the fundamental condition warranting legal control of action, we explore legislative responsibilities for protecting (...) expressive freedoms through three additional presumptions. The chief of them is an expectation of epistemic rationality that limits occasions of harm requiring legal action. A presumption of enablement over punishment shows that criminal sanctions for hateful speech are almost never appropriate. A presumption of multiple responsibilities accepts that social sanctions may be appropriate where political coercion is not. (shrink)

In this article, my aim is to consider under what circumstances, and for what reasons, individuals may freely choose not to speak hatefully about others. Even if not threatened with legal sanction, why might they decide not to say something which they think they have good reason to say? My suggestion will be that there are various pro tanto reasons for individuals to restrain themselves from saying what they wanted to say. To be specific, I shall argue that such reasons (...) fall into three analytically distinct categories, which I shall describe as normative codes of civility, ethics and morality. Thus each of these codes may provide different sorts of reasons for not engaging in hate speech. My hope is that the results of this investigation may usefully inform a strategy which aims to combat such speech without resource to the law. (shrink)

This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international (...) hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law. (shrink)

The speeches delivered by Former U.S. President Donald Trump during his last presidential campaign (2015–2016) included hateful remarks against Muslims and immigrants. This study explored strategies of hate speech used in Trump’s political discourse against out-groups. The data consisted of a corpus of Trump’s speeches and interviews. Our analysis was based on Whillock’s [ 48 ] criteria of hate speech and Erjavec and Kovačič’s [ 13 ] strategies of hate speech. The results revealed that (...) Trump employed re-articulation of meaning and renaming by attributing any problem to immigrants and Muslims to express hatred against them, using direct hatred words. His overt use of hate speech strategies stemmed from his legitimate power and social authority as a successful businessman in his field. (shrink)

Purpose The purpose of this paper is to present a quantitative and qualitative synthesis of the diverse academic proposals and initiatives for preventing and eliminating hate speech on the internet. Design/methodology/approach The foundation for this study is a systematic review of papers devoted to the analysis of hate speech. It has been conducted using the Preferred Reporting Items for Systematic reviews and Meta-Analyses (PRISMA) protocol and applied to an initial corpus of 436 academic texts. Having implemented (...) the suitability, screening and inclusion criteria, this corpus was refined to a sample of 74 articles. Findings The main subject categories studied in this corpus of academic research are legal issues and social media. In the majority of the articles, the use of hate speech via social media is associated with five typologies: religion, cyber racism, political slurs, misogyny and attacks on the LGTBI community. The absence of ethical reflection is one of the major shortcomings of IT-focused research and analysis devoted to online hate speech. Practical implications To date various systematic reviews have been presented, and they focus on detecting or describing hate speech. These have used either the search appraisal synthesis analysis framework or the Cochrane network. The PRISMA protocol was applied for this study, and both Scopus and texts in German were included. To date no major, rigorous systematic review has been undertaken of proposals to combat hate speech. Originality/value The link between hate speech and poverty has not been studied in depth within the academic sphere. Tolerance and ethical compassion are not granted the attention they merit when it comes to analysing the phenomenon of hate speech. (shrink)

This article explores the social phenomenon of online hate speech in the contemporary digital public sphere, focusing on the intersection between free speech and the proliferation of misinformation on the Facebook. Two main objectives guide the research: first, to analyse how hate speech manifests itself in the new digital public sphere, where one of the main stages is on Facebook, exploring the dynamics that amplify the dissemination of harmful content; second, evaluate Facebook’s role in the (...) digital misinformation ecosystem, considering its impact on free speech. The methodology is theoretical-conceptual, following exploratory qualitative research, with bibliographical review and documentary research. The research explores the specific case of hate speech on Facebook, involving the dissemination of discriminatory messages and content against the Rohingya, a Muslim ethnic minority in Myanmar, highlighting patterns, narratives, and impacts. The research considers Facebook’s policy responses and their effectiveness in mitigating hate speech. This article seeks to contribute to the critical understanding of the tensions between free speech and digital responsibility, offering valuable insights into the challenges of digital misinformation in the era of Facebook, as well as for a deeper understanding of the dynamics between free speech, social media networks, hate speech and digital misinformation. (shrink)

The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate (...) class='Hi'>speech in an attempt to understand the general concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. (shrink)

There is a growing body of literature on whether or not online hate speech, or cyberhate, might be special compared to offline hate speech. This article aims to both critique and augment that literature by emphasising a distinctive feature of the Internet and of cyberhate that, unlike other features, such as ease of access, size of audience, and anonymity, is often overlooked: namely, instantaneousness. This article also asks whether there is anything special about online (as compared (...) to offline) hate speech that might warrant governments and intergovernmental organisations contracting out, so to speak, the responsibility for tackling online hate speech to the very Internet companies which provide the websites and services that hate speakers utilise. (shrink)

This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from (...) opinion to inciteful hate speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate speech are appropriate. In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization, Shurat HaDin, the suit alleges Facebook allows Palestinian extremists to openly recruit and train terrorists to plan violent attacks calling for the murder of Israeli Jews through their Facebook pages. The suit raises important questions, amongst them: When should the government initiate similar suits to impose criminal sanctions for targeted hate speech posted to Facebook? What constitute effective restrictions on social media that also balance society’s need for robust dialogue and free communication, subject to limitations reflecting a need for order and respect among people? Our essay progresses in four stages. First, we examine philosophical origins of free speech and the historical foundations of free speech in the United States. Second, we provide an overview of American free speech jurisprudence. Third, we address particular jurisprudence that provides a framework for imposing limitations on free speech in the context of social media. American history and jurisprudence embrace free speech as a grounding principle of democracy, yet simultaneously subject speech to limitations. Finally, through a comparative exploration of real-world examples, we address the narrow instance when limitations on inciteful and targeted hate speech are appropriate. (shrink)

This article argues that Thomas Hobbes' analysis of insult or ‘contumely’ prefigures recent developments in moral and political philosophy in striking ways. Specifically, Hobbes's concerns about the dignitary harms in hate speech went well beyond ‘fighting words’ to the essential role played by expressions of hatred and contempt in making and unmaking social hierarchies. Hobbes’s sensitivity to contumely’s subtle power to constitute social in/equalities recalls recent work in feminist and critical race theory. Yet his expansive solutions – both (...) negative and positive, legal and ethical – also shed light on the difficulties faced by aspirationally egalitarian societies in their efforts to eradicate contempt today. (shrink)

Ethnic slur terms and other group-based slurs must be differentiated from general pejoratives and pure expressives. As these terms pejoratively refer to certain groups of people, they are a typical feature of hate speech contexts where they serve xenophobic speakers in expressing their hatred for an entire group of people. However, slur terms are actually far more frequently used in other contexts and are more often exchanged among friends than between enemies. Hate speech can be identified (...) as the most central, albeit not the most frequent, mode of use. I broadly distinguish between hate speech, other pejorative uses, parasitic uses, neutral mentioning, and unaware uses. In this paper, authentic examples of use and frequency estimates from empirical research will help provide accurate definitions and insight into these different modes that purely theoretical approaches cannot achieve. (shrink)

Hate speech is commonly defined with reference to the legal category of incitement. Laws targeting incitement typically focus on how the speech is expressed rather than its actual content. This has a number of unintended consequences: first, law tends to capture overt or obvious forms of hate speech and not hate speech that takes the form of ‘reasoned’ argument, but which nevertheless, causes as much, if not more harm. Second, the focus on form (...) rather than content leads to categorization errors. Hate speech taking the form of ‘reasoned argument’ is often legally characterized as either political or academic debate, and so is deemed both permissible and justified in societies where free speech principles exist. In this paper, I argue that it is important to identify instances of hate speech as hate speech, no matter how articulately or reasonably the speech is expressed. The danger in mischaracterizing an instance of hate speech by calling it academic or political debate is that it risks normalizing the views and sentiments that are expressed and accepting those views as an important part of our political and academic discourses. With reference to Habermas’ account of ‘distorted communication’, I propose different criteria for defining and understanding hate speech and suggest that there might be good reasons for interpreting the concept of incitement more broadly, so as to include these different kinds of it. (shrink)

The issue of hate speech is widely present in the Balkan Peninsula and although it has a serious impact in inter-ethnic and inter-religious relations, it has never been addressed properly by the academia or the judicial systems. This paper aims to outline the main principles that define hate speech from the linguistic and legal perspective. Throughout the paper several international cases of hate speech are cited along with the measures that western European countries take (...) in order to minimize the level of stereotypes and public discrimination. In the second part, the paper brings examples from degrading hate speech cases coming from public figures in Macedonia. In addition, a few comparative cases from the international practice have been cited in order to perceive if an egalitarian society is possible in Macedonia from the aspect of language usage without the hatred constituents by aiming to develop an acceptable public discourse for all. (shrink)

The article builds on current research into the effects and harms of hate speech in the lives of its victims. It introduces the anthropological concept of everyday violence to focus on hate speech as an everyday experience as opposed to a sequence of separate hate speech acts. Methodologically, the study is based on a qualitative approach and analyses data collected via semi-structured interviews (N=33) with people who have experienced hate speech in four (...) EU member states (Italy, Germany, the Czech Republic and Portugal). The analysis documents four overlapping themes of how hate speech manifests as the everyday experience of “living hated”—hate speech as a flow; its spatial dimension of moving across online and offline contexts; its long-term effects, leading to what we call “cumulative desensitization” (aggravated during the COVID-19 pandemic); and the role of support systems and their (in)effectiveness. The article concludes by suggesting possible applications as well as avenues for future research that could provide a deeper understanding of hate speech as the daily life experience of its targets. (shrink)

We use the construct of the “other” to explore how hate operates rhetorically within the virtual conclave of Stormfront, credited as the first hate Web site. Through the Internet, white supremacists create a rhetorical vision that resonates with those who feel marginalized by contemporary political, social, and economic forces. However, as compared to previous studies of on-line white supremacist rhetoric, we show that Stormfront discourse appears less virulent and more palatable to the naive reader. We suggest that Stormfront (...) provides a “cyber transition” between traditional hate speech and “reasonable racism,” a tempered discourse that emphasizes pseudo-rational discussions of race, and subsequently may cast a wider net in attracting audiences. (shrink)