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Hate Speech and Democratic Citizenship$
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Eric Heinze

Print publication date: 2016

Print ISBN-13: 9780198759027

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198759027.001.0001

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The Prohibitionist Challenge

The Prohibitionist Challenge

(p.125) 5 The Prohibitionist Challenge
Hate Speech and Democratic Citizenship

Eric Heinze

Oxford University Press

Many advocates of bans adopt consequentialist rationales. They posit a causal link from harmful expression to violence or discrimination. That link is certain for non-LSPDs, as in Weimar Germany or Rwanda. An historically distinct socio-political dynamics, however, explains why LSPDs display no such link. For LSPDs, bans may aggravate the problems they purport to remedy. Other defenders of bans adopt phenomenological, socio-linguistic, or symbolic theories of indirect causation. But those theories would require regulation beyond even the broadest ban. Bans are also commonly supported on deontological, ‘dignitarian’ grounds. That approach, however, misconstrues the concept of democratic citizenship. It is unlikely that prevailing concepts of ‘incitement’ can be reconciled with any rule of law standard. Contrary to universal practice in most democracies, public universities equally fail, not only in their democratic mission, but also in their academic mission by departing from the model of democratic legitimacy.

Keywords:   Consequentialism, deontology, direct causation, indirect causation, phenomenology, socio-linguistics, sociology, incitement, public universities, militant democracy

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