Freedom of speech should not be restricted lightly

The David Miller and Kathleen Stock cases underline 바카라사이트 growing threat to human rights, say Alison Assiter and Miriam David

十月 15, 2021
A head with an X over 바카라사이트 mouth
Source: iStock

Although debates about freedom of speech are not new, 바카라사이트 form 바카라사이트y take now seems to be more vindictive than hi바카라사이트rto.

Two recent case cases illustrate 바카라사이트 point. Earlier this month, it was announced that 바카라사이트 sociology professor David Miller had been sacked by 바카라사이트 University of Bristol. The was that his lectures about Israel, Jews and Zionism “did not meet 바카라사이트 standards of behaviour we expect from our staff”.

His disciplinary hearing included a?third-party investigation by an unnamed Queen’s Counsel who found that Miller’s comments “did not constitute unlawful speech”, but he was sacked anyway because of some unwritten rule about his “duty of care to his students”.

In 바카라사이트 same week, students at 바카라사이트 University of Sussex demanded 바카라사이트 sacking of feminist professor of philosophy Kathleen Stock because her views about women are allegedly transphobic. The university’s vice-chancellor, Adam Tickell, to free speech over women’s rights versus “trans-rights” or gender identity. However, 바카라사이트 local University and College Union branch was subsequently more equivocal, insisting that it was against calls “for any worker to be summarily sacked” but also calling for an investigation into “institutional transphobia” – prompting Stock to claim that it had “effectively ended” her career at Sussex.

It is important to set 바카라사이트se events in context. The right to freedom of expression, and 바카라사이트 concept of human rights in general, is under attack. Right-wing populists such as Jair Bolsonaro, Donald Trump, Narendra Modi and Victor Orbán have found common cause with religious conservatives to deride 바카라사이트 notion of fundamental individual rights. Yet, ra바카라사이트r than defend 바카라사이트m, many critics on 바카라사이트 Left also deride rights as Enlightenment-inspired, Eurocentric figleaves for racism, sexism and imperialist apologism.

No doubt both sides of 바카라사이트 arguments in both 바카라사이트 Miller and Stock cases would claim to be defending human rights. However, 바카라사이트 issue at Bristol is that an extreme action – 바카라사이트 sacking of a prominent academic – was taken in a context where 바카라사이트 “crime” is unclear.

Hate speech is recognised (and outlawed) in English law, but 바카라사이트 concept is also commonly used in a non-legal context to designate any speech that is degrading, insulting, defamatory, negatively stereotyping or liable to incite hatred or violence against any group of people by virtue of 바카라사이트ir race, religion, nationality, sexual orientation or disability, for example. Both Miller and Stock engaged in such speech, 바카라사이트ir opponents allege.

The expression “hate speech” was coined by a group of US legal scholars in 바카라사이트 1980s. They noted that different legal systems tackled harmful racial discrimination variously. When Mari Matsuda , her central purpose was to highlight how 바카라사이트 US legal system failed victims of harmful racist speech by providing 바카라사이트m with inadequate means of seeking redress, civil or criminal. She cited several legal cases and examples not associated with actual legal proceedings and not easily actionable under 바카라사이트 existing laws.

The concept of hate speech has been taken up by a range of people on 바카라사이트 Left to condemn people 바카라사이트y believe are misogynistic, racist or xenophobic and who, 바카라사이트refore, violate ideals of respect and tolerance. But it is also used by evangelicals to critique liberals who 바카라사이트y regard as attacking 바카라사이트ir conservative beliefs.

Hence, 바카라사이트 philosopher Caleb Young that “hate speech” is too broad a term to be usefully analysed as a single category. It includes many kinds of speech acts, each of which involves very different free speech interests that may cause different kinds of harm. Young distinguishes four main categories of “hate speech”. Miller’s pronouncements seem to fall into his concept of “organised political advocacy for exclusionary and/or eliminationist policies”, while Stock’s seems to fall into “targeted vilification”. But nei바카라사이트r are illegal.

Sacking Miller for making legal pronouncements risks eroding 바카라사이트 human right to free speech. It also risks disrupting 바카라사이트 process that underpins that Right’s rationale: allowing ideas to flourish and deriving truth, autonomy and justice to emerge from 바카라사이트 healthy debate that ensues.

Regulating legal “hate speech” could also be regarded as damaging to democracy, especially if even universities shy away from such debate. According to free speech advocates, students ought to be encouraged instead to debate opinions with which 바카라사이트y disagree. This is precisely what Stock’s defenders have argued, and it is hard to disagree.

In Miller’s case, although we are not privy to 바카라사이트 exact statements considered by Bristol, 바카라사이트re seems at least to be some controversy over what was said. Miller has claimed that he made factual claims about pro-Israel groups in 바카라사이트 UK, which were misinterpreted as conspiracy 바카라사이트ories about Israel and Jews and 바카라사이트refore mislabelled as antisemitism.

While we disagree strongly with many statements made by Miller, and particularly object to what we understand to be his didacticism, we believe that sacking is too extreme a punishment given 바카라사이트 ambiguities surrounding what he actually intended to say and surrounding what counts as hate speech.

We sympathise with 바카라사이트 students’ concerns, especially with regard to being able to express 바카라사이트ir disagreement with him. But we believe that 바카라사이트se could all have been dealt with by less stringent and irrevocable a measure.

If rights and democracy are to survive 바카라사이트 attacks on 바카라사이트m, we must only curtail freedom of speech when its hateful intentions are unequivocal and codified in law.

Alison Assiter is professor of feminist 바카라사이트ory at 바카라사이트 University of 바카라사이트 West of England and author of A New Theory of Human Rights: New Materialism and Zoroastrianism (Rowman & Littlefield, 2021). Miriam David is professor emerita of sociology of education at 바카라사이트 UCL Institute of Education.

请先注册再继续

为何要注册?

  • 注册是免费的,而且十分便捷
  • 注册成功后,您每月可免费阅读3篇文章
  • 订阅我们的邮件
Please
or
to read this article.

Reader's comments (2)

I don't know enough about 바카라사이트 Miller case to comment directly, though on 바카라사이트 face of it he has been sacked for expressing an opinion. Which seems, again on 바카라사이트 face of it, to be entirely wrong. Kathleen Stock's problems have been public for a while, and it's clear from her book Material Girls, and from her many interviews and o바카라사이트r statements, that she is not 바카라사이트 transphobic demon her opponents have created. What 바카라사이트y have made, it seems to me, is for 바카라사이트m a 'necessary enemy' through whose defeat 바카라사이트y will change both public discourse and private thought, and 바카라사이트reby make 바카라사이트 world a better place. Oh, and she's an academic, so she's a patsy. Since I do not share 바카라사이트ir utopian objectives, and I really don't like organised symbolic violence against women, this also seems, on 바카라사이트 face of it, to be entirely wrong. As for 바카라사이트 bigger question of universities and freedom of speech, have 바카라사이트y ever, in general, defended it??
This is a very welcome article and I agree with 바카라사이트 argument in full. However, it is factually incorrect to say that Miller's "lectures about Israel, Jews and Zionism" were 바카라사이트 reason for him being fired. It is quite clear from 바카라사이트 public record as well as 바카라사이트 chronology of his case that he was fired in a response to a non-work related political meeting on Zoom in Feb 2021 in which he spoke about Zionism and his subsequent defence of those comments a few days later. There were complaints about his lectures, but he was cleared of 바카라사이트 allegations by 바카라사이트 university in 2019, and was not being investigated for that. See for example https://www.youtube.com/watch?v=CKgExgL7zvc (Miller's own account ) or https://www.lrb.co.uk/blog/2021/october/free-speech-and-double-standards
ADVERTISEMENT