Free Speech Research Articles

2‐inquiry rule applies to free speech, service animals

The Department of Justice's regulations for the Americans with Disabilities Act allow two inquiries about whether a dog is a service animal: (1) whether the dog is a service animal required due to a disability and (2) what tasks it has been trained to perform. These regulations have been in place for almost 15 years but have generated little litigation over what is plainly a content‐based speech prohibition.

Between Representation and Reality: Zhao Chuan’s World Factory as Social Theatre

ABSTRACT Zhao Chuan’s play World Factory continuously introduces reality into the theatre by resorting to the creative techniques of documentary theatre, epic theatre, and theatre of the oppressed in left-wing theatre, thus constituting a blurred boundary between the reality and the representation, and also forming a mode of discussion of social issues in theatre. The tension between reality and representation allows Zhao Chuan’s theatrical production to be understood not only as aesthetic theatre but also as social theatre. With the help of sociological methods, Zhao Chuan’s social theatre creates a “theatrical public sphere,” and the reality of this sphere constitutes a Habermasian place of prudent and equal public opinion. At the same time, the representation of the theatrical public sphere creates the emotional space of physical presence. It imaginatively constructs another reality, and its representation quality can avoid the direct criticism of the reality, which makes the relatively free public sphere speech possible.

Sigal R. Ben-Porath. Cancel Wars: How Universities Can Foster Free Speech, Promote Inclusion, and Renew Democracy Chicago, IL: University of Chicago Press, 2023. 198 pp.

Sigal R. Ben-Porath. Cancel Wars: How Universities Can Foster Free Speech, Promote Inclusion, and Renew Democracy Chicago, IL: University of Chicago Press, 2023. 198 pp.

“Alex, DO NOT BACKPEDAL ON SANDY HOOK!”: Reactionary Fandom, Cancel Culture, and the Possibility of ‘Audience Capture’ on YouTube

“Cancel culture” has gained tremendous attention in contemporary political discourse. On platforms like YouTube, reactionary ideological entrepreneurs often employ what Ng terms second-order discourses on cancel culture, that is, portraying call-out practices such as shaming public figures as left-wing censorship efforts stifling free speech. This article argues that such call-out practices, generally ascribed to progressive communities, also occur internally within reactionary communities where fans hold ideological entrepreneurs accountable for adhering to potentially extreme political canons. Adopting a fan studies perspective, this exploratory investigation used “close” and “distant” readings on 1.8 million comments from the now-canceled “The Alex Jones Channel” on YouTube (2017–2018). Focusing on Jones’ recantation of the “Sandy Hook Hoax,” the authors show that, akin to traditional fandom conceptions, radical audiences engaged in call-out practices demanding “character” and “narrative” fidelity. This contribution, theorized as “audience capture,” emphasizes the bottom-up efforts of audiences to maintain the radical views of ideological entrepreneurs.

Deconstructing the Politics of Linguistic Mutation in Tom Stoppard’s Dogg’s Hamlet, Cahoot’s Macbeth

Tom Stoppard’s theatrical works, Dogg’s Hamlet, Cahoot’s Macbeth, serve as a significant exemplification of linguistic and political power dynamics. These plays represent a transformative shift that depicts the workings of hegemony in Czechoslovakia during the Cold War era. Stoppard, a Czechoslovakian native, crafted these satirical works in response to the brutal persecution of critical intellectuals and censorship of their dissident works. The plays voice the intellectual restlessness of the time, resisting the status quo, and illustrating the tensions that led to the 1989 Velvet Revolution. Stoppard’s innovative linguistic experimentation transforms Shakespeare’s plays, Hamlet and Macbeth, into an entirely novel linguistic system, named “Doggspeak,” which derives inspiration from Ludwig Wittgenstein’s Philosophical Investigations. This new linguistic transformation acts as a catalyst for social and political change, resisting surveillance and censorship of free speech. Stoppard’s plays, therefore, use language to alter power relations, creating space for political defiance. This paper delves into two key questions: How does Stoppard modify language in the dramatic setting, and how does this linguistic transformation shift power relations within the plays? By creating a new linguistic system, Stoppard outmanoeuvres oppressors and wittingly turns language into an instrument for political rebellion. He stages a truncated, mutant version of Shakespeare’s plays where they are banned, giving voice to the intellectual restlessness of Czechoslovakia in the 1970s. Stoppard’s plays posit that language is not merely a tool for communication, but also a vehicle for social and political transformation. Through linguistic mutation, Stoppard subverts the existing power structures and challenges the hegemony of the oppressors. This essay argues that Stoppard’s plays showcase the crucial significance of language in the struggle for political and social change, emphasizing the crucial role that language plays in shaping our perceptions and understanding of the world.

Acoustic Analysis of Mandarin-Speaking Transgender Women

ObjectiveThis study aims to investigate the speech characteristics and assess the potential risk of voice fatigue and voice disorders in Chinese transgender women. MethodsA case-control study was conducted involving transgender women recruited in Shanghai, China, from 2022 to 2024. The participants included 15 transgender women (TW), 20 cisgender men (CISM), and 20 cisgender women (CISW). Acoustic parameters, including formants (F1, F2, F3, F4), cepstral peak prominence (CPP), jitter, shimmer, harmonic-to-noise ratio (HNR), noise-to-harmonics (NHR), fundamental frequency (fo), and intensity, were analyzed across vowels, passages, and free speech. Additionally, the Voice Handicap Index-10 (VHI-10) and the Voice Fatigue Index (VFI) were administered to evaluate voice-related concerns. Results(1) The F1 of TW was significantly higher than that of CISW for the vowels /i/ and /u/, and significantly higher than that of CISM for the vowels /a/, /i/, and /u/; The F2 was significantly lower in TW compared to CISW for the vowels /i/ and /u/, and significantly higher than CISM for the vowels /a/ and /u/. F3 was significantly lower in TW than in CISW for the vowels /a/ and /i/. The F4 formant was significantly lower in TW than in CISW for the vowels /a/ and /i/, but significantly higher than in CISM for the vowel /u/. (2) The fo of TW was significantly lower than that of CISW for the vowels /a/, /i/, /u/, during passage reading, and in free speech, but was significantly higher than CISM during passage reading and free speech. Additionally, TW exhibited significantly higher intensity compared to CISW for the vowel /a/ and during passage reading. (3) Jitter in TW was significantly higher than in CISW for the vowels /i/ and /u/, and significantly lower than in CISM during passage reading and free speech. Shimmer was significantly higher in TW compared to both CISW and CISM across the vowels /a/, /i/, during passage reading, and in free speech. The harmonic-to-noise ratio (HNR) in TW was significantly lower than in both CISW and CISM across all vowels, during passage reading, and in free speech. The NHR was significantly higher in TW than in CISW across the vowels /a/, /i/, /u/, during passage reading, and in free speech, and significantly higher than in CISM for the vowels /a/, /i/, during passage reading, and in free speech. The CPP in TW was significantly lower than in CISW during passage reading and free speech, and significantly lower than in CISM across all vowels, during passage reading, and in free speech. (4) The VHI-10 scores were significantly higher in TW compared to both CISM and CISW. ConclusionsTransgender women exhibit certain acoustic parameters, such as fo and some of the formants, that fall between those of CISW and CISM without undergoing phonosurgery or voice training. The findings suggest a potential risk for voice fatigue and the development of voice disorders as transgender women try to modify their vocal characteristics to align with their gender identity.

Porter v. Board of Trustees of North Carolina State University et al.

Free Speech

Regulating online harms: an examination of recent developments in the UK and the US through a free speech lens

ABSTRACT This article examines recent development in the regulatory landscape of online harms in the UK and US through a free speech lens. In so doing, it undertakes a comparative analysis of the UK’s Online Safety Act 2023 and laws in US states that is grounded in UN guidance advising that approaches to regulating online harms be grounded in human rights. Ultimately, this examination leads to the conclusion that the Online Safety Act and similar efforts at the state level in the US do not reflect human rights based approaches to regulation in this area. While American courts are reigning in state legislation based on the expansive protection of free speech under the First Amendment, the constitutional restraints in the UK are weaker. This raises concerns regarding the adequate protection of the free speech rights of internet users, particularly in the UK.

Article 17: Free Speech and the Guillotine the Countdown to Lenis v Greece

Article 17: Free Speech and the Guillotine the Countdown to Lenis v Greece

Report on the Academic Round Table, 30 April 2024, New York City: Freedom of Online Communication Across Transatlantic Borders

Abstract The Alexander von Humboldt Institute for Internet and Society (HIIG), the Leibniz Institute for Media Research | Hans Bredow Institute (HBI), the Columbia Global Freedom of Expression and the UNESCO Chair on Freedom of Communication and Information co-hosted an academic workshop in New York City on 30 April 2024. European and US experts examined the current state of freedom of expression on digital platforms on both sides of the Atlantic. The round table took place as part of the Year of Science 2024 in Germany. To celebrate the 75th anniversary of the German Basic Law (‘Grundgesetz’), this Year of Science has ‘Freedom’ as its central theme. This provided an excellent opportunity to examine the various understandings of freedom as it relates to communication rights and free speech between the US and Europe. The full extent of mutual learning opportunities remains untapped, and the practical implications are vast.

Free speech and democracy in Palestinian Universities: A call for parrhesiastic speech

This article examines the factors contributing to the suppression of free speech in Palestine, with a focus on the West Bank. We argue that anti-democratic politics and restricted public discourse in both public and academic spheres are mutually reinforced by the Israeli occupation and the Palestinian Authority. Despite education’s potential as a tool of liberation, the ongoing cooperation between the Palestinian Authority and Israel, as well as internal factional conflict, impede free speech within Palestine. Traditional teaching methods based on rote learning continue to dominate, posing a significant challenge to critical thinking and expression. Although education may serve as a pathway to freedom, constraints transform it into a tool for subjugation. Drawing on Foucault’s adaptation of the ancient Greek concept of parrhesia, we argue that Palestinian universities require more robust protections for free speech. At the same time, we argue that the struggle for free speech in these universities can be instructive to liberal democracies. Through analysis of the atrocities perpetrated against journalists and other dissenting voices, we shed light on the obstacles to democracy in Palestinian intellectual life.

Journalists’ Ethical Responsibility: Tackling Hate Speech Against Women Politicians in Social Media Through Natural Language Processing Techniques

Social media has led to a redefinition of the journalist’s role. Specifically on Twitter, these professionals assume an influential position and their discourse is dominated by personal opinions. Taking into consideration that this platform has proven to be a breeding ground for polarization, digital harassment and hate speech, notably against women politicians, this research aims to analyze journalists’ involvement in this complex scenario. The investigation aims to determine whether, immersed in online and gender defamation campaigns, journalists enhance the quality of public debate or, on the contrary, they reinforce the visibility of this hostile content. To this end, we examined a sample of 63,926 tweets published from 23 to 25 November 2022 related to a campaign of political violence against the Spanish Minister of Equality using Natural Language Processing tools and qualitative content analysis. Results show that during those three days, at least half of the tweets contained hate speech and improper language. In this climate of hostility, journalists participating in the debate not only have an ability to attract likes and retweets but also exhibit polarization and use hate speech. Each ideological position—for and against the Minister—is also reflected in their own uncivil strategies. Under the umbrella of free speech and regardless of argumentative discourses, those journalists who lean towards ideological progressivism tend to insult their opponents, and those on the political right use divisive constructions, stereotyping and irony as attack techniques.

Beyond Reverse Racism: A Research Note on How White College Students Construct the Myth of Silencing in the Classroom

ABSTRACTThe popular rhetoric of “reverse racism” suggests that white students are victimized by racism, but it is unclear what contemporary white college students specifically find negative about their experiences in race classrooms. Analyzing interviews and open‐ended survey data from 54 white undergraduates at a predominantly white university in the Northeast, this research note shows that “reverse racism” is not the primary framework through which respondents interpret their negative classroom experiences. Instead, respondents rely on racist tropes about people of color to position themselves as silenced in these settings. We show how respondents (1) describe hypothetical scenarios involving explosive professors and students of color, and (2) view the race classroom as a space for learning “different perspectives,” in order to (3) claim that their whiteness renders them ineligible to participate in class discussions. Amidst political and academic condemnation of “cancel culture” and the perpetuation of myths that left‐wing activists of color unjustly target free speech, white students may incorporate these concerns into their meaning‐making. Although respondents do not explicitly invoke “reverse racism,” we argue that these narratives still reinforce the existing racial structure. These preliminary findings suggest the need for further exploration of white students' complex reactions to race classes in the current sociopolitical context.

Freedom of expression in films: A qualitative study exploring challenges and opportunitiesin Pakistan

The study delves into the complicated prospect of freedom of expression in the film industry, specifically focused on Pakistan. It starts by recognising the historical and worldwide importance of free speech in cinema and its vital role in formulating cultural stories. The study adopted a qualitative approach using in-depth interviews and the participants of the study comprised filmmakers and actors. The study aimed to identify challenges and opportunities essential for steering innovative boundaries, censorship, and societal expectations in Pakistan’s film industry. Results reveal a composite connection of factors including government limitations, social and political pressure, as well as historical lack of diversity and representation. The study also sheds light on noteworthy opportunities in Pakistani films for real expressions by exploring different stories, engaging social and political issues, and boosting marginalised voices. Further, the study provides recommendations for policymakers and industry stakeholders to boost a culture that protects artistic freedom, supports diversity, and appreciates responsible filmmaking. Moreover, implications of the identified challenges and opportunities for the film industry are discussed, emphasising the importance of embracing diversity, addressing historical biases, and leveraging the power of cinema for positive societal change.

Critical Notes - A USEFUL, HAPPY BENTHAM: WHO SAVED HIM FROM MILL? WHEN FREEDOM IS MORE THAN JUST A MATTER OF TASTE

When it comes to Bentham, both pro- and anti-utilitarianists are profoundly challenged by the hedonist inheritance that has been deeply criticized, undermined, and somewhat overshadowed by the Millian perspective, which confined the presuppositions of a higher and clearer moral purism within the logical framework of satisfaction and happiness. Since the real test of Bentham’s philosophy lies in the requirements of asceticism, which are, at least at first glance, incompatible with hedonism, the major difficulty seems to be that of using both his moral writings and aesthetic considerations on pleasure and taste to face such a challenge. Would a Romantic Bentham still be valuable for the legacy of modern political philosophy? To what extent might literary figures rely on Bentham to save and protect free speech, and how much do theologians find the Benthamite perspectives on sympathies and antipathies, love and hate, acceptable? Should anyone save Bentham from being just an architect of the panopticon, by refashioning his philosophy as a pragmatic, more human, or even more altruistic utilitarianism than that of Mill, which invariably conquered the liberals? Could we defy reality for a moment, projecting a possible world in which a visit to a museum with Bentham would convince us that there is no such thing as good or bad taste, only a higher or lower amount of pleasure that we feel contemplating art and consuming culture? Finally, who could imagine Bentham happy?

Campus Misinformation: The Real Threat to Free Speech in American Higher Education by Bradford Vivian

Campus Misinformation: The Real Threat to Free Speech in American Higher Education by <i>Bradford Vivian</i>

The United Kingdom’s ‘free speech crisis’: From the fringes to a mainstream political project 2010–2023

The United Kingdom’s ‘free speech crisis’: From the fringes to a mainstream political project 2010–2023

Regulating Digital Era: A Comparative Analysis of Policy Perspectives on Media Entertainment

The rapid proliferation of digital media platforms has democratized content creation and distribution, enabling a vast spectrum of voices to be heard. It has brought about a significant shift in media entertainment landscapes worldwide, with India being a prominent case study due to its vast and diverse content consumption patterns. The massive content on the Internet has also raised concerns regarding misinformation, copyright infringement, and cultural sensitivity. Therefore, in the context of media entertainment, the regulation of the digital era presents a vast complex array of challenges for policymakers. Thereby, it analyzes the regulatory challenges and policy perspectives; addressing how India is navigating the complexities introduced by digital technologies. The study outlines India’s current regulatory framework including legislative measures. Apart from this, the paper contains exploration of challenges of balancing free speech with societal norms in a country characterized by its cultural pluralism. The authors of the article argue that rational regulation is able to help to prevent the spread of misinformation, protect national security, and ensure privacy. It can play a pivotal role in promoting national integration by fostering unity, preventing communal tensions, and ensuring equal representation. To achieve the objectives, the paper analyzes three case studies — Swami Ramdev v. Facebook, Inc.* (2019), the Tandav Controversy (2021), and the Tiktok ban for privacy and security concerns (2020). In the later section, the authors analyze and compare the regulatory framework of different states including India, the United States, European countries, Australia, and China. In the end, the paper summarizes the need for changes in the regulatory framework and also recommends policy measures that may be implemented to safeguard the consumers’ interest, preserve cultural values, and ensure the integrity of content.

Culture War Complexity: How Contaminated Words and Heterodox Positions Challenge Traditional Dichotomies

AbstractThis essay addresses some of the key terminological conflicts of the ongoing culture war between “wokes” and “anti-wokes” in many Western societies. In a public debate culture where words and labels are rapidly contaminated when appropriated by the “other side,” it is increasingly difficult to make sense of the key positions and battle lines to decode who is battling whom. The “culture war matrix” serves as a heuristic tool to contain some of the central culture war positions in an otherwise fragmented space of mediated discourse. Two intersecting tensions are suggested between woke and anti-woke and between cancel culture and free speech. While this two-dimensional understanding by no means exhausts the complex positionings in the culture war landscape, it represents an alternative to the one-dimensional dichotomy-thinking, which reduces the struggle to a matter of left versus right. In conclusion, a third way of understanding contemporary culture wars is suggested by focusing on heterodox impulses and alternative sources of intellectual authority.

Open-fitting hearing aids: a comparative analysis between open behind-the-ear and open completely-in-the-canal instant-fit devices.

Our study aims to assess the open-fitting capabilities and vent properties of traditional open-fitting behind-the-ear (open BTE) hearing aids to instant-fit open-fitting completely-in-the-canal (open CIC) systems. The study analysed data from 40 patients grouped in two groups based on the used hearing aids. Free field pure tone and speech audiometry were performed to obtain the free-field pure tone average and free-field word recognition score (WRS). The matrix sentence test was employed to evaluate the auditory performance and functional outcomes of patients. The Satisfaction with Amplification in Daily Life (SADL) and the Abbreviated Profile of Hearing Aid Benefit (APHAB) questionnaire were used to assess the personal satisfaction and benefit provided by the hearing aid. Real ear measurements were conducted to objectively evaluate the Real-Ear Unaided Gain (REUG) and Real-Ear Occluded Gain (REOG) of the two groups. For this purpose, six frequency bands (band 1 from 125 to 200Hz, band 2 from 250 to 400Hz, band 3 from 500 to 800Hz, band 4 from 1000 to 1600Hz, band 5 from 2000 to 3150Hz, and band 6 from 4000 to 6300Hz) were defined and compared. Free-field WRS exhibited a significant difference (p-value = 0.004) between open BTE and open CIC, with better results for the open BTE. Matrix test speech reception threshold scores did not differ significantly between groups. No statistical significant difference were observed between APHAB and SADL total scores. Correlation tests revealed a negative correlation between SRT and APHAB scores in the open BTE group, not seen in the open CIC. No statistically significant difference was observed for all bands of REUG values, demonstrating comparability in terms of acoustic resonance of the external auditory canal. Comparing the REOG recorded in the two groups a significant difference was observed for bands 2 through 6. While the average REOG values for bands 5 and 6 were higher in patients with traditional open BTE aids, in contrast, for bands 2, 3, and 4, the REOG values for the open CIC group were higher and statistically significant compared to patients wearing traditional open-fitting BTE hearing aids. Patients with open CIC seem to perform worse in quiet environments compared to noisy ones, as indicated by the free field WRS score. However, the absence of differences in functional performance assessed with the matrix sentence test, and in the psychosocial aspects, makes these devices a good solution for individuals who reject hearing aids due to aesthetic concerns. The differences in terms of real ear measurements, while statistically significant, do not negatively impact overall performance.