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A survey inquiry into behavioral foundations of hate speech regulations: evidence from Japan

Published online by Cambridge University Press:  19 April 2023

Kentaro Hirose Open the ORCID record for Kentaro Hirose [Opens in a new window] ,
Hae Kim  and
Masaru Kohno
Kentaro Hirose*
Affiliation:
Department of International Studies and Regional Development, University of Niigata Prefecture, Niigata, Japan
Hae Kim
Affiliation:
Department of Education, Chiba University, Chiba, Japan
Masaru Kohno
Affiliation:
Department of Political Science and Economics, Waseda University, Tokyo, Japan
*
*Corresponding author. E-mail: hirose1981@gmail.com
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Abstract

This paper highlights the concept of dignity as the cornerstone that justifies hate speech regulations in democratic societies. In political theory and constitutional law, the primacy of dignity as the moral and legislative justification for regulating hate speech has already been addressed by dignitarianism, especially in the course of debate with free speech advocates. We aim to augment this important claim in the normative literature with empirical data. Specifically, based on our survey conducted in Japan, where its first national anti-hate speech law had only recently been enacted and ordinary citizens were thus less predisposed of the debate, we show that citizens' concerns about the dignity of a targeted victim lead them to support regulations. Our analysis further clarifies the possible mechanisms of the dignitarian rationale, revealing not only the people's public-centered expectation regarding the societal consequences of hate speech, which dignitarians emphasized, but also the importance of more individual-based judgments regarding morality and justice, in shaping their regulatory attitudes.

Keywords

Dignityhate speech regulationsmediation analysisoffensesurvey
Type
Research Article
Information
Japanese Journal of Political Science , Volume 24 , Issue 1 , March 2023 , pp. 101 - 117
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press

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References

Baker, CE (1989) Human Liberty and Freedom of Speech. New York: Oxford University Press.Google Scholar
Baker, CE (2012) Hate speech. In Hertz, M and Molnar, P (eds), The Content and Context of Hate Speech: Rethinking Regulation and Responses. New York: Cambridge University Press, pp. 57–80.CrossRefGoogle Scholar
Barendt, E (2019) What is the harm of hate speech? Ethical Theory and Moral Practice 25, 1–15.Google Scholar
Boeckmann, RJ and Liew, J (2002) Hate speech: Asian American students’ justice judgements and psychological responses. Journal of Social Issue 58, 363–381.CrossRefGoogle Scholar
Brown, A (2015) Hate Speech Law: A Philosophical Examination. New York: Routledge.CrossRefGoogle Scholar
Coliver, S (ed) (1992) Striking a Balance: Hate Speech, Freedom of Expression and Non-Discrimination. London: University of Essex Press.Google Scholar
Cowan, G and Hodge, C (1996) Judgements of hate speech: the effects of target group, publicness, and behavioral responses of the target. Journal of Applied Social Psychology 26, 355–374.CrossRefGoogle Scholar
Cowan, G and Khatchadourian, D (2003) Empathy, ways of knowing, and interdependence as mediators of gender differences in attitudes toward hate speech and freedom of speech. Psychology of Women Quarterly 27, 300–308.CrossRefGoogle Scholar
Cowan, G, Resendez, M, Marshall, E and Quist, R (2002) Hate speech and constitutional protection: priming values of equality and freedom. Journal of Social Issue 58, 247–263.CrossRefGoogle Scholar
Delgado, R (1993) Words that wound: a tort action for racial insults, epithets, and name calling. In Matsuda, MJ, Lawrence, CR III, Delgado, R and Crenshaw, KW (eds), Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment. Boulder: Westview, pp. 89–110.Google Scholar
Downs, DM and Cowan, G (2012) Predicting the importance of freedom of speech and the perceived harm of hate speech. Journal of Applied Social Psychology 42, 1353–1375.CrossRefGoogle Scholar
Dworkin, R (2009) Forward. In Hare, I and Weinstein, J (eds), Extreme Speech and Democracy. New York: Oxford University Press.Google Scholar
Dworkin, R (2012) Reply to Jeremy Waldron. In Hertz, M and Molnar, P (eds), The Content and Context of Hate Speech: Rethinking Regulation and Responses. New York: Cambridge University Press, pp. 341–344.CrossRefGoogle Scholar
Gelber, K and McNamara, L (2016) Evidencing the harms of hate speech. Social Identities 22, 324–341.CrossRefGoogle Scholar
Hare, I and Weinstein, J (eds) (2009) Extreme Speech and Democracy. New York: Oxford University Press.CrossRefGoogle Scholar
Heinze, E (2013) Review essay: Hate speech and the normative foundations of regulation. International Journal of Law in Context 9, 590–617.CrossRefGoogle Scholar
Herek, GM, Cogan, JC and Gillis, JR (2002) Victim experiences in hate crimes based on sexual orientation. Journal of Social Issue 58, 319–339.CrossRefGoogle Scholar
Herz, M and Molnar, P (eds) (2012) The Content and Context of Hate Speech: Rethinking Regulation and Responses. New York: Cambridge University Press.CrossRefGoogle Scholar
Heyman, SJ (2009) Hate speech, public discourse, and the first amendment. In Hare, I and Weinstein, J (eds), Extreme Speech and Democracy. New York: Oxford University Press, pp. 158–181.CrossRefGoogle Scholar
Howard, JW (2019) Free speech and hate speech. Annual Review of Political Science 22, 93–109.CrossRefGoogle Scholar
Jones, P (2011) Religious belief and freedom of expression: is offensiveness really the issue? Res Publica 17, 75–90.CrossRefGoogle Scholar
Jones, P (2015) Dignity, hate and harm. Political Theory 43, 678–686.CrossRefGoogle Scholar
Kotani, J (2018) Proceed with caution: hate speech regulation in Japan. Hasting Constitutional Law Quarterly 45, 603–622.Google Scholar
Krotoszynski, RJ Jr (2006) The First Amendment in Cross-Cultural Perspective: A Comparative Legal Analysis of the Freedom of Speech. New York: New York University Press.Google Scholar
Leets, L (2002) Experiencing hate speech: perceptions and responses to anti-semitism and antigacy speech. Journal of Social Issue 58, 341–361.CrossRefGoogle Scholar
Leiter, B (2012) Waldron on the regulation of hate speech. Chicago Public Law and Legal Theory Working Paper 398.Google Scholar
Lewis, A (2007) Freedom for the Thought That We Hate: A Biography of the First Amendment. New York: Basic Books.Google Scholar
Matsuda, MJ, Lawrence, CR III, Delgado, R and Crenshaw, KW (1993) Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment. Boulder: Westview.Google Scholar
Matsui, S (2016) The challenge to multiculturalism: hate speech ban in Japan. University of British Columbia Law Review 49, 427–484.Google Scholar
McConnell, MW (2012) You can't say that. New York Times (Sunday Book Review on 22 June).Google Scholar
Post, R (1991) Racist speech, democracy, and the first amendment. William and Mary Law Review 32, 267–327.Google Scholar
Rosenfeld, M (2003) Hate speech in constitutional jurisprudence: a comparative analysis. Cardozo Law Review 24, 1523–1567.Google Scholar
Seglow, J (2016) Hate speech, dignity and self-respect. Ethical Theory and Moral Practice 19, 1103–1116.CrossRefGoogle Scholar
Simpson, RM (2013) Dignity, harm, and hate speech. Law and Philosophy 32, 701–728.CrossRefGoogle Scholar
Stone, GR (1987) Content-neutral restrictions. University of Chicago Law Review 54, 46–118.CrossRefGoogle Scholar
Tsesis, A (2009) Dignity and speech: the regulation of hate speech in a democracy. Wake Forest Law Review 44, 497–532.Google Scholar
Waldron, J (2012 a) Dignity, Rank, and Rights. New York: Oxford University Press.CrossRefGoogle Scholar
Waldron, J (2012 b) The Harm in Hate Speech. Cambridge: Harvard University Press.CrossRefGoogle Scholar
Weinstein, J (1999) Hate Speech, Pornography, and the Radical Attack on Free Speech Doctrine. Boulder, CO: Westview Press.Google Scholar
Weinstein, J (2017) Hate speech bans, democracy, and political legitimacy. Constitutional Commentary 32, 527–583.Google Scholar
Zivi, K (2014) Doing things with hate speech: a response to Jeremy Waldron's the harm in hate speech. Contemporary Political Theory 13, 94–100.Google Scholar
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