The Appearance of Hate Notes

The Appearance of Hate

Introduction

The chapter focuses on the social harm done by hate speech and the purpose of legislation aimed at suppressing it.
It emphasizes group libel, focusing on the visual impact of a society contaminated by racist, homophobic, or Islamophobic content.
The goal is to contrast the negative visual reality of a society defaced by hate speech with the aspiration of a society that is open and fair to all groups.

The Concept of a Well-Ordered Society

The chapter introduces the concept of a "well-ordered society," drawing from John Rawls's political philosophy, particularly his book Political Liberalism.
Rawls defines a well-ordered society as one regulated by principles of justice, where people take justice seriously.
The chapter aims to apply this concept to the problem of hate speech, specifically group defamation, which involves publishing hateful and contemptuous statements against racial, ethnic, or religious groups.

Visual Manifestations of Hate Speech

A society that permits hate speech may exhibit:
- Posters depicting minorities as subhuman.
- Claims that minorities are criminals, perverts, or terrorists.
- Leaflets threatening religious groups.
- Symbols celebrating genocidal campaigns.
- Signs excluding minorities from neighborhoods.
- Intimidation tactics like flaming symbols.
The central question is whether such visual displays are compatible with a well-ordered society.

Constitutionalist View

Many liberal constitutionalists, especially in the United States, argue that prohibiting hate speech violates free speech principles like the First Amendment.
They acknowledge the unpleasantness of hate speech but maintain that a society allowing it can still be well-ordered because it permits racists to express their views.
Some celebrate the diversity of messages in the marketplace of ideas, even if some are offensive.
They argue that objectionable content is likely balanced by messages of equality and dignity.
The diversity of ideas is seen as a positive feature of a well-ordered society, even if some messages are harmful.

Testing the Position

The chapter tests the idea that a society can be well-ordered even with visible hate speech by focusing on appearances.
It questions whether the look of a society is unimportant compared to how things actually are, or if it's an important part of reality.
The goal is to understand restrictions on hate speech as attempts to make societies visibly better-ordered.

Rawlsian Ideas

The chapter explores whether hate speech restrictions reflect Rawls's idea of a well-ordered society, where everyone accepts and knows that others accept the same principles of justice.
The ideal is a society that clearly communicates its commitment to liberty, equality, and dignity.
The chapter examines how comfortable we should be with public displays of racial and ethnic hatred in the civic environment.

Rawls on Free Speech

Rawls's views on free speech, mainly in his essay “The Basic Liberties and Their Priority,” don't specifically address hate speech or group libel.
His focus is on real-world constitutions with their flaws, rather than the abstract idea of a well-ordered society.
Rawls supports subversive advocacy and anything being published, even if it questions the basic principles of society, but it remains unclear if this extends to advocating against the fundamentals of justice.
The chapter uses Rawls's ideas as a starting point but explores them in a potentially different direction.

Political Aesthetics

The chapter broadens the discussion to include political aesthetics, considering what a well-ordered society should look and sound like.
It contrasts the ideal of respectful public reason with the sounds of hate speech, such as neo-Nazi marches or anti-Tutsi radio broadcasts.
It touches on tangible aspects of self-presentation, like statues and monuments, which contribute to a climate of opinion.
These enduring symbols have a quality that spoken words do not possess.

Catharine MacKinnon on Pornography

The chapter references Catharine MacKinnon's work on pornography to illustrate how a disordered society looks, sounds, and feels.
MacKinnon argues that pornography saturates the public environment, affecting sexual arousal and the nature of sex itself.
Pornography objectifies women, defining femininity through objectification and force.

Parallels between Pornography and Hate Speech

The chapter draws a parallel between concerns about pornography and hate speech.
Hate speech, like pornography, is seen as a world-defining activity that makes life harder for its targets.
Both can be understood through the lens of political aesthetics, considering how they shape perceptions of a society.

Political Aesthetics: Official vs. Private Appearances

The chapter notes that while political aesthetics often deals with official appearances (monuments, ceremonies), hate speech involves private speech.
It raises the issue of how a society can look religious without being officially religious.
It also touches on debates over individual presentations, like Muslim women wearing headscarves or burqas.
Arguments for banning the burqa relate to concerns about the appearance of individuals and their impact on the broader society.

Criminal Codes

It mentions laws against wearing masks in public, like those in Georgia, and connects these to concerns about the impact of such appearances on society.
The question is whether the law should be indifferent to the impact of hate speech on society's appearance and the lives of certain groups.

Tolerance of Hate Speech

One response is that a well-ordered society will tolerate hate speech as part of a free market of ideas. Another response is that hate speech is incompatible with a well-ordered society.
A well-ordered society is governed by a conception of justice, and hate is incompatible with justice.
Intolerant elements should eventually disappear in a well-ordered society.
A well-ordered society will not look racist because citizens will not want to express themselves in hateful terms.

The Role of Law

The argument that a well-ordered society would not need hate speech laws is challenged by the point that law still plays a role in a well-ordered society.
Law is necessary for stability, even when citizens share a sense of justice.
Penal laws have an expressive function, especially in a well-ordered society where just treatment is assured.
Societies do not become well-ordered by magic; the work of law is essential.
Legal intervention is necessary to secure a public good and communicate common commitments.

The Importance of Appearances

The importance of appearances relates to security and assurance.
A well-ordered society conveys assurances to its members about how they will be treated.
Assurances are based on the fundamentals of justice: equality, dignity, and protection from harm.
Hate speech denies these fundamentals to certain groups.
A well-ordered society must find ways to provide these basic assurances.

Public Conveyance of Knowledge

In a well-ordered society citizens accept and know that others likewise accept those principles, and this knowledge in turn is publicly recognized $(PL, 66)$ .
The public conveyance of this knowledge matters to individuals whose lives rely on widespread acceptance of justice.
It provides security in the dailiness of life, protecting against discrimination and humiliation.
Public expressions of hatred can severely impact an individual’s sense of self-worth and acceptance.

Dignity and Reputation

Dignity is a matter of status that commands respect, and assurance is an intrinsic part of dignity.
Hateful claims suggest that certain people are not entitled to basic dignity.

Respect

It distinguishes between “appraisal respect” and “recognition respect”, where recognition respect is fundamental to the dignity of persons.

Conveying Assurance

Assurance is typically implicit in a well-ordered society.
Various forums are open to all, so there is no need to specify that particular groups are welcome.
This implicitness makes assurance vulnerable.
Discriminatory signs and hateful messages undermine the implicit assurance of acceptance, creating insecurity.

Environmental Analogy

This compares providing assurance in a well-ordered society as similar to an environmental good or the atmosphere.
It changes the conversation about public disorder and challenges arguments of having a clear and present danger.

The Role of the Law

Argues that public good is provided to all by all. Is not a central utility.
Manifestation if commitment by government is what a well-ordered society should look like.

Hate Speech

Hate speech does not seek to undermine the assurance. It seeks to establish a rival public good (wolves call to each other).
Laws exist to protect dignity based assurance and block construction of this rival public good.

Transition and Assurance

Argues that the point of group-defamation laws is that they protect assurances against denigration and subversion.
People need protection against displays that undermine them. People are responsible to participate. Society has to enforce it.
Pressing issue regarding real-world is need for assurance in relation to the history of society.