Hate Speech and the Limits of Free Speech
Gérald Lang · 2023
Hate speech involves the vilification of individuals for characteristics such as ethnicity, religion, and sex. The arguments for and against the regulation of hate speech are controversial, partly because it remains unclear whether, or to what extent, hate speech is encompassed by general arguments for free speech. Some think that the opportunity to engage in hate speech is the price we must pay for living in a democratic society where individuals take responsibility for what they think and do, and can freely contribute to the moral and social environment. Others think that hate speech undermines the dignity, or silences, or sets back the interests of those who are vilified by it, and should thus be regulated. It is argued here that one way of making progress with these issues is to think more carefully about a set of rights which underpin the opportunities we can expect to get in a society that takes free speech seriously: rights of association and disassociation. In giving due importance to these rights, we can discern the outlines of a principled case for regulating hate speech.