Freedom of Expression in a Diverse World

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The debate over the foundations and boundaries of freedom of speech, once a matter of balancing the individual rights of unpopular speakers against broader social interests, took on a new shape in the 1980s when feminists began to advocate restrictions on pornography and critical race theorists to advocate restriction of certain kinds of hate speech. These challenges to traditional liberalism brought into sharp focus the issues of why we value free speech and how much weight it should be given against competing values. Difficult as it is to resolve these issues domestically, we now face new challenges arising from the increasingly rapid dissemination of information across international borders in an atmosphere of considerable political tension. The riots in response to the publication of Danish cartoons ridiculing Mohammed and the death threats against Salman Rushdie indicate how dramatically the stakes have been raised. At the same time, there is increased concern over discriminatory treatment of sexual minorities, Muslims, and immigrants. Against this background, the essays in this volume seek to illuminate why we value freedom of speech and expression and how this freedom can be weighed against other values, such as multicultural sensitivity, the rights of racial and sexual minorities, and the prevention of violence, both domestically and internationally.

Author(s): Richard Barron Parker (auth.), Deirdre Golash (eds.)
Series: AMINTAPHIL: The Philosophical Foundations of Law and Justice 3
Edition: 1
Publisher: Springer Netherlands
Year: 2010

Language: English
Pages: 220
Tags: Philosophy of Law; Theories of Law, Philosophy of Law, Legal History; Constitutional Law; Political Philosophy; Political Science, general

Front Matter....Pages i-xxviii
Front Matter....Pages 1-1
Free Speech and the Social Technologies of Democracy, Scientific Inquiry and the Free Market....Pages 3-11
Hate Speech in the Marketplace of Ideas....Pages 13-25
The “Marketplace of Ideas:” A Siren Song for Freedom of Speech Theorists....Pages 27-37
A Kantian Conception of Free Speech....Pages 39-55
Free Speech, Equal Opportunity, and Justice....Pages 57-71
Front Matter....Pages 73-73
Is It Immoral to Prohibit Sexually Harassing Speech in the Classroom?....Pages 75-85
The Morality of Using “Nigger”....Pages 87-100
Incitement to Genocide and the Rwanda Media Case....Pages 101-113
Hijabs and Headwraps: The Case for Tolerance....Pages 115-127
“Conspicuous” Religious Symbols and Laïcité ....Pages 129-144
Front Matter....Pages 145-145
When Free Speech Meets Free Association: The Case of the Boy Scouts....Pages 147-161
Oaths and the Pledge of Allegiance: Freedom of Expression and the Right to Be Silent....Pages 163-176
Speaking Freely....Pages 177-187
Social Institutions, Transgendered Lives, and the Scope of Free Expression....Pages 189-203
Back Matter....Pages 205-215