Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity
This study discusses the issue of offence to sensibilities as possible grounds for limiting freedom of expression. This issue is constantly brought to the public agenda, as for example, in the limitation imposed in Israel on the playing of Richard Wagner’s music by Israeli orchestras. The proposed t...
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2020-12-01
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doaj-346866866afd49049a841f4f3787ecf42021-01-11T05:23:08ZengGonzaga Library PublishingJournal of Hate Studies2169-74422020-12-0116110.33972/jhs.152168Taking Profound Offence Seriously: Freedom of Speech v. Human DignityRaphael Cohen-Almagor0University of HullThis study discusses the issue of offence to sensibilities as possible grounds for limiting freedom of expression. This issue is constantly brought to the public agenda, as for example, in the limitation imposed in Israel on the playing of Richard Wagner’s music by Israeli orchestras. The proposed thesis is as follows: The Offence to Sensibilities Argument will take precedence over free expression only in cases where profound and direct damage is inflicted upon the sensibilities of individuals or a target group, undermining their dignity, especially when the speaker’s intentions are to offend the target individual/group under circumstances in which the individual or target group cannot avoid. In every case, it is incumbent upon those who wish to limit expression to examine the content of the expression and its manner, the duration and intensity of the expression, the frequency of the offence, the speaker’s intentions, the circumstances and the likely consequences of the offensive speech. Psychologists should be consulted concerning the severity of each offence.https://jhs.press.gonzaga.edu/articles/152freedom of expressionfeinbergharmoffenceskokiewagner |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Raphael Cohen-Almagor |
spellingShingle |
Raphael Cohen-Almagor Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity Journal of Hate Studies freedom of expression feinberg harm offence skokie wagner |
author_facet |
Raphael Cohen-Almagor |
author_sort |
Raphael Cohen-Almagor |
title |
Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity |
title_short |
Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity |
title_full |
Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity |
title_fullStr |
Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity |
title_full_unstemmed |
Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity |
title_sort |
taking profound offence seriously: freedom of speech v. human dignity |
publisher |
Gonzaga Library Publishing |
series |
Journal of Hate Studies |
issn |
2169-7442 |
publishDate |
2020-12-01 |
description |
This study discusses the issue of offence to sensibilities as possible grounds for limiting freedom of expression. This issue is constantly brought to the public agenda, as for example, in the limitation imposed in Israel on the playing of Richard Wagner’s music by Israeli orchestras. The proposed thesis is as follows: The Offence to Sensibilities Argument will take precedence over free expression only in cases where profound and direct damage is inflicted upon the sensibilities of individuals or a target group, undermining their dignity, especially when the speaker’s intentions are to offend the target individual/group under circumstances in which the individual or target group cannot avoid. In every case, it is incumbent upon those who wish to limit expression to examine the content of the expression and its manner, the duration and intensity of the expression, the frequency of the offence, the speaker’s intentions, the circumstances and the likely consequences of the offensive speech. Psychologists should be consulted concerning the severity of each offence. |
topic |
freedom of expression feinberg harm offence skokie wagner |
url |
https://jhs.press.gonzaga.edu/articles/152 |
work_keys_str_mv |
AT raphaelcohenalmagor takingprofoundoffenceseriouslyfreedomofspeechvhumandignity |
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