Gerald Lang

Hate speech involves the vilification of individuals for characteristics such as ethnicity, religion, and sex. The argument for and against the regulation of hate speech is controversial, partly because it remains unclear whether hate speech is encompassed by general arguments for free speech. Some think that the opportunity to engage in hate speech is the price we must pay for living in a democratic society where individuals take responsibility for what they think and can freely contribute to the moral and social environment. Others think that hate speech undermines the dignity or sets back the interests of those who are vilified by it, and thus should be regulated. It is argued here that one way of making progress with these issues to think more carefully about a set of rights which underpin the opportunities we can expect to get in a society that takes free speech seriously: these are rights of association and disassociation. In taking these rights seriously, we can see the outlines of a principled case for regulating hate speech.