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Questions in Law
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Should the government regulate hateful Billboards? I once saw a billboard that said the pope is the anti-Christ. I shrugged it off as a matter of free speech. But then ...
May 9, 2013
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Do polygamy bans violate the natural rights of bisexuals? In wake of the current Supreme Court debate in the US that gay marriage bans violate due process and equal protection ...
April 11, 2013
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It seems I am chronically unable to get my questions posted here. Being stubborn as I am, I´ll try with another one: An Oxford professor of law let a question ...
December 13, 2012
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If a person pushes a fat man into an on coming trolley and in doing so prevents five people from being killing should that person be tried for murder? Is ...
August 9, 2012
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Should law enforcement be allowed to lie to suspects during interrogation?
March 31, 2012
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As a student of law with a vivid interest in logic (in a broad sense), I find myself intrigued by the possibility of combining these two subjects. From what I ...
February 9, 2012
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How does one draw the line between the sort of morality a legal system should enforce, and the sort of morality the legal system should leave to its own devices? ...
October 20, 2011
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Would it be ethical for law enforcement agents to specifically target people who are on social security for violations of drug laws?
September 29, 2011
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Can ethics be a sufficient condition for becoming a lifelong "law-abiding" citizen? What ethical standards could be there to ensure life under legal boundaries? Or if one needs some very ...
August 17, 2011
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Should a parent report their own children to the police if they are aware that the child has commited a criminal offence. Does the age of the child or the ...
August 4, 2011
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But that definition is indeed a poor one, and one way to show why is to ask why we value freedom of speech. A good argument to value freedom of speech is so that we can hear the considered and articulate views and arguments of others and then assess them - views worth hearing, worth taking seriously, worth changing one's life in response to - and one could then ask whether the content of those hateful billboards fulfil those criteria.
My two cents.
There are many possible positions in between this false dichotomy. I myself am fairly comfortable with the USA Supreme Court's current view which is roughly that "speech that is not dangerous in an immediate physical way is broadly protected." Examples of unprotected speech include things like shouting "Fire!" in a crowded theater, incitement to immediate riotous violence, joking about 'bombs' at the airport, and things of this nature. Slander and libel are also unprotected under civil rather than criminal law (you can't say things that are damaging to people that you know to be untrue if you don't want them to sue you).
The problem with the standard suggested by Kidd: that we censor views we don't think are 'worth hearing, taking seriously, worth changing one's life in response to' is that the answers to those questions are subjective and 'in the eye of the beholder.' You and I may not think the 'anti-pope' message is worthwhile, but to someone who fears the influence of Catholicism it may be a vital message (after all, they were willing to pay enough money to buy a billboard for it). A Christian might think the 'pro-atheist' billboards mocking Christmas are 'hate speech' but the jaded agnostic would not think so. Democrats may believe that any criticism of President Obama are not 'worth considering', but Republicans would not think so (and vice versa when discussing President Bush).
Furthermore, it risks enthroning current cultural values and shutting off the possibility of future moral/political progress. Would segregation have ended if those sympathetic to it were given the right to judge which views were entitled to free speech? Would women have the right to vote if those who were offended by the idea of suffrage had the right to censor the women's suffrage movement?
Finally, censoring opinions we find 'unworthy' does nothing to disprove these ideas. It is an act of power, not an act of reason. If we censor anti-pope billboards we risk adding to the paranoia behind these ideas.
I suggest that we worry less about which ideas we judge to be 'worth hearing' and more about providing evidence and reasons against bad ideas. Of all people, philosophers should favor winning debates through reason rather than through censorship. For more on the topic of free speech, I recommend reading J. S. Mill's On Liberty.