Hate speech law can be found throughout the world. But it is also
the subject of numerous principled arguments, both for and against.
These principles invoke a host of morally relevant features (e.g.,
liberty, health, autonomy, security, non-subordination, the absence
of oppression, human dignity, the discovery of truth, the
acquisition of knowledge, self-realization, human excellence, civic
dignity, cultural diversity and choice, recognition of cultural
identity, intercultural dialogue, participation in democratic
self-government, being subject only to legitimate rule) and
practical considerations (e.g., efficacy, the least restrictive
alternative, chilling effects). The book develops and then
critically examines these various principled arguments. It also
attempts to de-homogenize hate speech law into different clusters
of laws/regulations/codes that constrain uses of hate speech, so as
to facilitate a more nuanced examination of the principled
arguments. Finally, it argues that it is morally fitting for
judicial and legislative judgments about the overall warrant of
hate speech law to reflect principled compromise. Principled
compromise is characterized not merely by compromise over matters
of principled concern but also by compromise which is itself
governed by ideals of moral duty or civic virtue (e.g.,
reciprocity, equality, and mutual respect). The Open Access version
of this book, available at https://doi.org/10.4324/9781315714899,
has been made available under a Creative Commons Attribution-Non
Commercial-No Derivatives 4.0 license.
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