04.20.08
Can hate speech be free speech?
Hate speech may stifle free speech by monopolizing the marketplace of ideas. Some types of arguments hinder rather than contribute to productive discussion (such as logical fallacies), and some hate speech may fall into this category. Additionally, some hate speech, or rather certain framings of how the world is, limit the scope of discussion and who is allowed to debate.
Generally, some practises can never be questioned in debate. Logical fallacies are not acceptable arguments, and persisting in logical fallacies is considered bad form rather than a valid avenue of discussion. Is it possible that some types of hate speech are inherently fallacious?
Is hate speech ad hominem?
Description of ad hominem:
An Ad Hominem is a general category of fallacies in which a claim or argument is rejected on the basis of some irrelevant fact about the author of or the person presenting the claim or argument. Typically, this fallacy involves two steps. First, an attack against the character of person making the claim, her circumstances, or her actions is made (or the character, circumstances, or actions of the person reporting the claim). Second, this attack is taken to be evidence against the claim or argument the person in question is making (or presenting). This type of “argument” has the following form:
1. Person A makes claim X.
2. Person B makes an attack on person A.
3. Therefore A’s claim is false.The reason why an Ad Hominem (of any kind) is a fallacy is that the character, circumstances, or actions of a person do not (in most cases) have a bearing on the truth or falsity of the claim being made (or the quality of the argument being made).
Not all personal attacks are ad hominem, as sometimes a negative characteristic about a debater is relevant to the topic. For example, if the debate is about one debater’s level of sexual attractiveness, a claim that the debater under discussion is ugly would not be ad hominem. However, is hate speech (directed against ethnic minorities, queer folk, people with disabilities, etc.) necessarily ad hominem?
For example, let us say that the debate is about whether all members of a minority group are involved in a global conspiracy. An implicit assumption in this debate is that any member of that minority group is not allowed to participate in the discussion. If a member of that minority, Person A, provides reasons why he is not involved in a global conspiracy, the other debaters, who are of the majority group, can argue that Person A’s testimony is invalid because he belongs to that minority group.