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5 - Orienting the Ordinary and Legal Concepts of Hate Speech

from Part II - The Legal Concept

Published online by Cambridge University Press:  26 October 2023

Alexander Brown
Affiliation:
University of East Anglia
Adriana Sinclair
Affiliation:
University of East Anglia
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Summary

Chapter 5 seeks to orient the ordinary and legal concepts of hate speech. Section 5.2 uncovers various ways in which the ordinary and legal concepts of hate speech come together, including in terms of the kinds of speech they both count as hate speech. In Section 5.3, however, we turn to consider the potential sources of divergence between the ordinary and legal concepts of hate speech including the differing social functions or purposes played by the two concepts. Section 5.4 addresses the nature of the relationship and interaction between the ordinary and legal concepts of hate speech. Finally, in Section 5.5 we try to show why theoretical disagreements about the relationship between the ordinary and legal concepts of hate speech matter. In particular, we argue that uncovering these deeper disagreements can help to explain both the source of some academic controversies about the legitimacy of hate speech laws and the source of some wider public debates about the rights and wrongs of social media platform content policies on hate speech.

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Hate Speech Frontiers
Exploring the Limits of the Ordinary and Legal Concepts
, pp. 329 - 362
Publisher: Cambridge University Press
Print publication year: 2023

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