Should Speech That Offends Be Prohibited?

Published: May 1, 2017

Speech that attempts to persuade is broadly protected under free speech, even if some people find it offensive. What some find offensive, others may find persuasive. A commitment to free speech inevitably means protecting the rights of people whose speech is deeply offensive to many, but a permissive environment leads to fewer rights being violated and ultimately, a freer world.

Discussion Questions

  1. Are there any circumstances in which offensive speech is prohibited?
  2. Can you counteract offensive speech through persuasive speech?
  3. Allowing offensive speech means some people who hold views that are widely offensive will be allowed to speak. What are the benefits of a system that protects groups like that? What are the costs?

Cast

Richard A. Epstein

Richard A. Epstein

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