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The Hate Speech Diversion

Resource type
Author/contributor
Title
The Hate Speech Diversion
Abstract
Hate mongers have found it strategically useful to present themselves as defenders of free speech. The shift from advocate of hate to defender of free speech fits well with the hate monger's self-understanding as a victim of state oppression and a defender of Western values against multiculturalism. More often, though, the opposition to hate speech regulation has a principled basis. There are many committed civil libertarians who regard hate speech as odious but are nevertheless prepared to defend the right of others to engage in it. Their opposition to the restriction of hate speech rests on a commitment to individual liberty sand a concern about the reach of state power. While I think the "civil libertarian" position is mistaken, it is not without merit. What is perplexing though is the extraordinary energy that these advocates of free speech put into the fight against hate speech regulation. They seem convinced that the integrity of the free speech edifice depends on holding the line here. Yet they seem indifferent to the more significant ways in which freedom of expression is being eroded in Western democracies. Whether by design or not, the obsessive opposition to hate speech regulation diverts our attention away from more fundamental free speech issues concerning the character and structure of public disclosure, and more particularly the domination of public disclosure by commercial messages and the advertising form. But, of course, these are not issues that can be addressed by the courts, except in indirect ways, and that may partly explain the lack of attention they receive.
Genre
SSRN Scholarly Paper
Archive ID
2519064
Place
Rochester, NY
Date
2010-05-04
Accessed
9/10/23, 8:16 PM
Language
en
Library Catalog
Social Science Research Network
Citation
Moon, R. (2010). The Hate Speech Diversion (SSRN Scholarly Paper 2519064). https://doi.org/10.2139/ssrn.2519064
Author / Editor