Freedom of Speech and Its Limits

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Springer Science & Business Media, Nov 30, 2001 - Philosophy - 240 pages
In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.
 

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Contents

JUSTIFICATIONS OF FREEDOM OF SPEECH
7
1 Search for Truth
8
2 Individual Autonomy
16
3 Democracy and SelfGovernment
20
4 Tolerance
31
SPEECH AND HARM
37
2 Low and High Value Speech
41
3 SpeechPlus and Symbolic Action
43
VIEWPOINT NEUTRALITY AND ITS RATIONALES
135
2 What Is A Viewpoint? A Case Study of Rosenberger
140
A Case Study of Lambs Chapel
148
4 Rationales for Viewpoint Neutrality and SubjectMatter Neutrality
156
5 The ContentViewpoint Distinction and the Level of Generality
162
6 Indirect Viewpoint Discrimination
167
7 Paternalism and Intolerance
173
RACIAL VILIFICATION AND FREEDOM OF SPEECH
179

A Case Study of R A V
58
SPEECH AND EQUALITY
73
2 Silencing
98
3 Asymmetry of Fighting Words
111
DISCRIMINATION AND ILLOCUTIONARY ACTS
119
2 Authority in Discriminatory Illocutions
123
2 The Contours of Racial Vilification
187
3 The Harms of Hate Speech
195
4 Liberalism and Prohibitions of Hate Speech
217
INDEX
225
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Page ii - Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York NEIL MacCORMICK, European Parliament, Brussels, Belgium WOJCIECH SADURSKI, European University Institute, Department of Law, Florence, Italy ROBERT S.

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