Free Speech

Question 1

What are the three fundamental interests that need to be secured, according to Cohen?

(Cohen - Freedom of Expression)

Answer 1

1) Expressive
2) Deliberative
3) Informational

Question 2

What are the three costs of expressions that must be accounted for?

(Cohen - Freedom of Expression)

Answer 2

1) Direct costs
2) Environmental costs
3) Straightforwardly indirect costs

Question 3

What are the three categories of factual claims that must be taken into account?

(Cohen - Freedom of Expression)

Answer 3

1) The facts of reasonableness: favour the protection of speech
2) The Bare Facts of Life: favour the protection of speech and are unalterable
3) The unhappy facts of life: favour the protection of speech for now, but are hopefully alterable features of circumstances

Question 4

What are expressive interests?

Cohen - Freedom of Expression

Answer 4

Personal obligation, political justice, human welfare

Question 5

What are deliberative interests?

Cohen - Freedom of Expression

Answer 5

Important to do what’s best objectively, and important one’s evaluative views are not affirmed out of ignorance

Question 6

What are informational interests?

Cohen - Freedom of Expression

Answer 6

The interest of having access to information

Question 7

What two forms of ‘offensive speech’ does Smits focus on?

Smits - Should Offensive Speech be Regulated?

Answer 7

1) Speech that offends members of minority groups

2) Hate speech, which is designed to stir up hatred against minorities

Question 8

When can speech be regulated?

Smits - Should Offensive Speech be Regulated?

Answer 8

When the harms outweigh the benefit (i.e. imminent threat of violence)

Question 9

What is Brison’s stance on pornography?

Brison - The Price we Pay

Answer 9

There is no moral right to pornography (porn defined as violent, degrading, misogynistic) and we should not accept pornography’s harms as the price we pay for sexual autonomy

Question 10

What are the four ways in which pornography can harm nonparticipants?

(Brison - The Price we Pay)

Answer 10

1) Harms to those who have pornography forced against them
2) Increased reinforced discrimination of - and sexual abuse of - girls and women
3) Harms to boys and men whose sexual desires and behaviours are influenced by porn
4) Harms to those who have already been victims of sexual violence

Question 11

What does MacKinnon say in “Only Words?”

Dworkin - Women and Pornography

Answer 11

Pornography is not “only words” because it is a reality - the subordination of women is real