Abstract
This article examines the relationship between laws regulating racial vilification and arguments for freedom of speech. Commonly, it is argued that racial vilification laws are inconsistent with free speech. This article argues that such laws are consistent with and, indeed, supported by arguments commonly made in favour of free speech.
Highlights
This article examines the relationship between laws regulating racial vilification and arguments for freedom of speech.[1]
Rather than examining the specific terms and scope of any particular racial vilification law, this article examines the interaction between the purposes of racial vilification laws, the harms which such laws seek to prevent, and arguments made in support of free speech
This article does not seek to justify any of these laws in their particular details. It examines the purposes of racial vilification laws, the harms which such laws seek to prevent, and the interaction between these considerations and arguments commonly made in support of free speech
Summary
This article examines the relationship between laws regulating racial vilification and arguments for freedom of speech.[1]. Terms or scope of the Racial Discrimination Act 1975 (Cth) pt IIA (‘RDA’),[5] or the equivalent laws of any other country.[6] Rather than examining the specific terms and scope of any particular racial vilification law, this article examines the interaction between the purposes of racial vilification laws, the harms which such laws seek to prevent, and arguments made in support of free speech. Arguments made by different authors are examined, and the underlying assumptions and values on which these arguments are based will be analysed.[7] In relation to each type of free speech argument, this article determines whether it might, support racial vilification laws.[8]. In relation to arguments based on the value of inquiry, racial vilification does not assist the search for truth, and distorts the marketplace of ideas
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