Should Democracies Ban Hate Speech?: Hate Speech Laws and Counterspeech

The paper’s main goal is to compare laws banning hate speech with counterspeech as an effective method of curtailing hate speech. In the first part, the paper discussed three normative justifications for hate speech bans. Firstly, the line of argument developed by critical race theorists that assume...

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Détails bibliographiques
Auteur principal: Kulenović, Enes (Auteur)
Type de support: Électronique Article
Langue:Anglais
Vérifier la disponibilité: HBZ Gateway
Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Publié: 2023
Dans: Ethical theory and moral practice
Année: 2023, Volume: 26, Numéro: 4, Pages: 511-532
RelBib Classification:XA Droit
ZA Sciences sociales
ZC Politique en général
ZD Psychologie
ZG Sociologie des médias; médias numériques; Sciences de l'information et de la communication
Sujets non-standardisés:B counterspeech
B extreme speech
B Discrimination
B incitement to violence
B Hate Speech
B Freedom of speech
Accès en ligne: Volltext (lizenzpflichtig)
Description
Résumé:The paper’s main goal is to compare laws banning hate speech with counterspeech as an effective method of curtailing hate speech. In the first part, the paper discussed three normative justifications for hate speech bans. Firstly, the line of argument developed by critical race theorists that assumes that hate speech leads to the direct harm and violation of individuals’ rights. Secondly, paper examines the Weimar model that rests on the assumption that hate speech can lead to indirect harm to members of vulnerable minorities by creating a toxic environment, which opens the door to discrimination and even violence. Thirdly, the justification which is derived from the idea that such forms of extreme public speech violate the basic values and principles - such as inclusiveness, equality and mutual respect - on which constitutional democracies are built. This approach extends its argument from general values to the status of citizens by arguing that hate speech violates the equal standing of citizens by attempting to exclude certain members of society from the process of democratic deliberation based on their ascriptive characteristics. The second part of the paper looks at counterspeech as an efficient approach to limit harms that arise from hate speech. The author argues that legal bans should be reserved only for the most extreme forms of hateful rhetoric, while counterspeech is a valid option for tackling all other forms of hate speech.
ISSN:1572-8447
Contient:Enthalten in: Ethical theory and moral practice
Persistent identifiers:DOI: 10.1007/s10677-022-10336-2