The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral environment (...) of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse (including narrow hate speech bans) is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech – that (...) is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)