Stephen L. Newman

Finding the Harm in Hate Speech: An Argument against Censorship

The liberal justification for censorship equates the harm in hate speech with the sort of tangible injury that would justify state intervention under J.S. Mills harm principle. Recently, Jeremy Waldron has suggested that the real harm perpetuated by hate speech is less tangible, taking it to be a variety of moral pollution which undermines both the public good of inclusiveness and the minoritys assurance of personal dignity. This paper scrutinizes Waldrons conception of the harm in hate speech, arguing that it lacks the specificity and gravity Mills principle requires in order to justify censorship. The paper also questions the categorical distinction between hate speech and speech that is “merely offensive,” arguing that Waldrons reasons for censoring the one also apply to the other. The result is a censorship regime that liberals ought not to accept.