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Sincerity Silencing

Published online by Cambridge University Press:  01 January 2020

Abstract

Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention.

The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for the importance of a different type of silencing.

As we shall see, there are compelling reasons in favor of regarding H&L silencing as a free speech violation and, as I argue here, the same can be said for sincerity silencing. Although additional work needs to be done to show that either one actually is a free speech violation, I demonstrate here that both types of silencing equally warrant this further attention. Moreover, I show that sincerity silencing is a fairly widespread phenomenon; so, therefore, is the harm it constitutes. As a result of these considerations, then, we can safely conclude that sincerity silencing also requires our attention.

Type
Open Issue Content
Copyright
Copyright © 2014 by Hypatia, Inc.

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Footnotes

Material from this article was previously presented at the 2011 Eastern Division Meeting of the APA, the 2012 Central Division Meeting of the APA, and the University of Oklahoma. For helpful feedback, I thank those audiences as well as Lauren Ashwell, Rebecca Kukla, Ishani Maitra, Joseph McKinney, Wayne Riggs, Lynne Tirrell, and two anonymous referees for this journal.

References

Austin, J. L. 1975. How to do things with words. 2d ed. Cambridge, Mass.: Harvard University Press.CrossRefGoogle Scholar
Berlin, Isaiah. 1969. Two concepts of liberty. In Four essays on liberty. London: Oxford University Press.Google Scholar
Fricker, Miranda. 2007. Epistemic injustice: Power and the ethics of knowing. Oxford: Oxford University Press.CrossRefGoogle Scholar
Grice, H. Paul. 1989. Studies in the way of words. Cambridge, Mass.: Harvard University Press.Google Scholar
Hornsby, Jennifer. 1993. Speech acts and pornography. Women's Philosophy Review 10: 3845.CrossRefGoogle Scholar
Hornsby, Jennifer. 1994. Illocution and its significance. In Foundations of speech act theory: Philosophical and linguistic perspectives, ed. Tsohatzidis, Savas L.New York: Routledge.Google Scholar
Hornsby, Jennifer, and Langton, Rae. 1998. Free speech and illocution. Legal Theory 4 (1): 2137.CrossRefGoogle Scholar
Kukla, Rebecca. 2012. Performative force, convention and discursive injustice. Hypatia. Early View. http://onlinelibrary.wiley.com/doi/10.1111/j.1527-2001.2012.01316.x/abstract (accessed February 12, 2013).Google Scholar
Langton, Rae. 1993. Speech acts and unspeakable acts. Philosophy and Public Affairs 22 (4): 293330.Google Scholar
MacKinnon, Catharine. 1987. Feminism unmodified. Cambridge, Mass.: Harvard University Press.Google Scholar
MacKinnon, Catharine. 1993. Only words. Cambridge, Mass.: Harvard University Press.Google Scholar
MacKinnon, Catharine. 2012. Foreword. In Speech and harm: Controversies over free speech, ed. Maitra, Ishani and Kate McGowan, Mary. Oxford: Oxford University Press.Google Scholar
Maitra, Ishani. 2004. Silencing and responsibility. Philosophical Perspectives 18 (1): 189208.CrossRefGoogle Scholar
Maitra, Ishani. 2009. Silencing speech. Canadian Journal of Philosophy 39 (2): 309–38.CrossRefGoogle Scholar
Maitra, Ishani, and Kate McGowan, Mary. 2007. The limits of free speech: Pornography and the question of coverage. Legal Theory 13 (1): 4168.CrossRefGoogle Scholar
Maitra, Ishani, and Kate McGowan, Mary. 2009. On silencing, rape and responsibility. Australasian Journal of Philosophy 88 (1): 389407.Google Scholar
McGowan, Mary Kate. 2009. On silencing and sexual refusal. Journal of Political Philosophy 17 (4): 487–94.CrossRefGoogle Scholar
McGowan, Mary Kate, Adelman, Alexandra, Helmers, Sara, and Stolzenberg, Jacqueline. 2011. A partial defense of illocutionary silencing. Hypatia 26 (1): 132–49.CrossRefGoogle Scholar
Meiklejohn, Alexander. 1960. Free speech and its relation to government in political freedom: The constitutional powers of the people. New York: Harper.Google Scholar
Mikkola, Mari. 2011. Illocution, silencing and the act of refusal, Pacific Philosophical Quarterly 92 (3): 415–37.CrossRefGoogle Scholar
Mill, John Stuart. 1978. On liberty, ed. Rappaport, E.Indianapolis: Hackett Publishing.Google Scholar
Scanlon, Thomas. 1972. A theory of freedom of expression. Philosophy and Public Affairs 1 (2): 204–26.Google Scholar
Schauer, Frederick. 1982. Free speech: A philosophical enquiry. Cambridge, UK: Cambridge University Press.Google Scholar
Searle, John. 1969. The structure of illocutionary acts. In Speech acts: An essay in the philosophy of language. Cambridge, UK: Cambridge University Press.CrossRefGoogle Scholar
Stalnaker, Robert. 1973. Presuppositions. Journal of Philosophical Logic 2 (4): 447–57.CrossRefGoogle Scholar
Stalnaker, Robert. 1974. Pragmatic presupposition. In Semantics and Philosophy, ed. Munitz, M. and Unger, P.New York: New York University Press.Google Scholar
Stanley, Jason, 2011a. The ways of silencing. The New York Times Opinionator. http://opinionator.blogs.nytimes.com/2011/06/25/the-ways-of-silencing/ (accessed February 13, 2013).Google Scholar
Stanley, Jason. 2011b. Posts on Feminist Philosophers blog. http://feministphilosophers.wordpress.com/2011/06/26/jason-stanley-on-silencing-and-political-speech/ (accessed February 13, 2013).Google Scholar
Tirrell, Lynne. Unpublished. Authority and gender: Flipping the f‐switch.Google Scholar
West, Caroline. 2003. The free speech argument against pornography. Canadian Journal of Philosophy 33 (3): 391422.CrossRefGoogle Scholar