Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy

Forthcoming, Jurisprudence

27 Pages Posted: 15 Nov 2018 Last revised: 7 Mar 2019

See all articles by Rebecca Ruth Gould

Rebecca Ruth Gould

University of Birmingham; Harvard University - Davis Center for Russian and Eurasian Studies

Date Written: November 15, 2018

Abstract

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies the “hate” in hate speech with the “hate” in hate crime. In contesting Dworkin, Waldron fails to contend with the necessarily entangled criminalisation of manner and viewpoint entailed in hate speech bans. By failing to grapple with the way in which every linguistic sign is constituted by both manner and viewpoint, Waldron sidesteps the ways in which hate speech bans undermine political legitimacy within liberal democracies.

Keywords: Hate Speech, Censorship, Democracy, Political Legitimacy, Ronald Dworkin, Jeremy Waldron, IHRA Definition, Antisemitism, Israel/Palestine

Suggested Citation

Gould, Rebecca Ruth, Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy (November 15, 2018). Forthcoming, Jurisprudence . Available at SSRN: https://ssrn.com/abstract=3284999

Rebecca Ruth Gould (Contact Author)

University of Birmingham ( email )

College of Arts and Law
Birmingham, UK, Birmingham B15 2TT
United Kingdom
https://rrgould.hcommons.org/ (Fax)

HOME PAGE: http://www.birmingham.ac.uk/rebeccagould

Harvard University - Davis Center for Russian and Eurasian Studies ( email )

1730 Cambridge Street, 3rd Floor
Cambridge, 02138
United States

HOME PAGE: http://daviscenter.fas.harvard.edu/about-us/people/rebecca-gould

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