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To a woman struggling to be treated equally and taken seriously, Mill’s permissiveness must appear next to useless. All around her, society allows images of women as lumps of meat whose sole purpose is to be enjoyed by men. They thwart her hopes and challenge her sense of who she is and what she may become. But according to Mill, she cannot stop them unless she can prove that pornography and sexualised films and advertising are inciting harm. Why should she accept a bar raised so high she can never jump it? Why should she spend years arguing for men to change, when state power could give her what she wanted in a moment?

The same applies to a black man confronted with the everyday racism of parts of the Right, or a Jew confronted with the everyday racism of Islamists and parts of the Left, or a gay man worried about homophobia or a Muslim frightened of Islamophobia. They don’t want to be told they can ban speech only if a speaker urges his audience to attack a mosque or a gay bar or a synagogue. They feel the hurt of prejudice right now, and have no time to argue.

I will go further and say that, regardless of colour or creed, most people who have suffered from insults have wanted their abuser silenced, even if what he said was true—especially if what he said was true.

The American legal philosopher Joel Feinberg attacked Mill by saying that we feel offence like a wound. You only have to think about the hurt from slights that have stayed with you longer than the pain from a broken bone to see the truth in his argument. Societies and individuals feel disgust, revulsion, shock, shame and embarrassment when they hear views that don’t physically harm them, Feinberg said in the 1980s. They can and should replace Mill’s “harm principle” with his “offence principle”—that the law can stop speech that causes serious offence.

Feinberg’s mild authoritarianism buttressed the illiberal version of liberalism that flourishes to this day. It supports the laws against “hate speech” which may not be so hateful it provokes its audience to violence, but is still grossly offensive. It provides the philosophical justification for the incessant Twitter storms and media fits about “gaffes”, “misspeaks”, or to use a modern phrase that reeks of the Victorian drawing-room, “inappropriate language”.

Go into the modern university and you won’t hear much about Mill or Milton or the millions around the world who have had to learn the hard way why freedom of speech matters. Instead, you will be fed philosophers far less rigorous than Feinberg. The New Zealander Jeremy Waldron, an Oxford professor from the American university system, which churns out authoritarian philosophers the way Ford churns out cars, suggests speech that attacks the dignity of others should be banned. Stanley Fish of New York dispenses with any pretence that we should respect universal human rights, and descends into power-worship and thuggery. “The only way to fight hate speech is to recognise it as the speech of your enemy,” he says. “And what you do in response to the speech of your enemy is not prescribe a medication for it but attempt to stamp it out.” Take a breath and think about his assumptions. This is the tyrannical language of an illiberal intelligentsia so lost in complacency it thinks it no longer needs the rights it once championed.We don’t care if we are being consistent, it says. We have the power to censor now and we will use it.

Few contemporary theorists grasp that people oppose censorship not because they respect the words of the speaker but because they fear the power of the censor. It is astonishing that professed liberals, of all people, could have torn up the old limits, when they couldn’t answer the obvious next question: who decides what is offensive?

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Jingleballix
May 5th, 2015
2:05 PM
Very good...….I quite like Nick Cohen - even though he is one of those who routinely paints UKIPPERs as racists - as a rational leftie, as opposed to the 'emotional left'. It amazes me how the modern Left, called Thatcher 'dictatorial' and a 'Nazi'……..yet have no problem defending - or even living contently in - the EU, which is naught but an undemocratic, incompetent, corrupt superfluous layer of government. The Left likes the EU because it is a wealth redistributor. The Left likes Islamism because Islamists purport to be oppressed underdogs. What it all boils down to is not PRINCIPLE but POWER…….the emotional Left will say anything (whilst denying others free speech), to obtain and retain political POWER. The emotional LEFT is fundamentally dishonest…….and incapable of rational argument. That is why it will ultimately fail……this is why Ed Miliband and Labour will fail on Friday - people know, no matter what emotional tricks they try to pull, that socialism has attained its goals in western Europe and is no longer relevant. Keep up the good work Nick Cohen……..the Left only has a future if it is prepared to argue its position.

defektiv
May 3rd, 2015
7:05 PM
Have they started to ban Orwell yet?

tinatina
April 29th, 2015
6:04 AM
"The tendency of the modern liberal-left to excuse radical Islam is supported by the politically correct belief that liberals should support a religion of the disadvantaged. In the name of liberalism, they fail to fight a creed that is sexist, racist, homophobic and, in its extreme forms, genocidal and totalitarian." Brilliant. However, liberals support islam because both are against the typical western values of financial success, free market, etc. It´s time to stop being politically correct about the left and go straight to the point: they are losers and envious of the others.

Asmilwho
April 26th, 2015
7:04 AM
""Radical feminist” is now an insult on many campuses. Fall into that pariah category, and your opponents will ban you if they can and scream you down if they cannot." No that's the wrong way round: it's the rad fems & their allies doing the screaming down. Look what happened to C H Sommers at Oberlin College this last week. Or read up on Gamer Gate.

Ben McDonald
April 17th, 2015
8:04 PM
Interesting article but how do you reconcile the pains McKinnon and Dworkin took to avoid drafting an "obscenity laws" with the notion that their motivations were quasi-puritan? Does the proposition that pornography constitutes "speech" or "expression" not warrant examination, for otherwise any public act not already illegal might be deemed expressive. Why must a general burden of proof of harm bear upon the anti-pornographer? Would a case-by-case demonstration of harm not suffice for libel in each instance?

amcdonald
April 7th, 2015
12:04 PM
In Australia thousands took to the sunny beaches and parks to `Reclaim Australia` and protest the influence of the islamist nutters. It`s on the Pegida UK facebook. In London there were more police than Pegida supporters and so-called anti-fascists. The latter shouting "Nazi scum" at an english WW2 veteran and a Gurka trying to speak. The Pegida female speakers were declared "cunts" by the UAF goons. Surely now is the time for Douglas Murray,Nick Cohen and Standpoint to organise a proper discussion. The Oxford Union has held one already. Some of it`s on the Pegida UK facebook.

Anonymousy
April 5th, 2015
8:04 AM
or a Jew confronted with the everyday racism of Islamists and parts of the Left, Or a Palestinian confronted with the everyday racism of Zionist settlers.

amcdonald
March 30th, 2015
3:03 PM
The anti-feminists are all singing "Beware the Devil woman,she`s gonna take you from behind" by Cliff Richard. The so-called Right is holier than the so-called Left? And the More Muslim Than Thou Islamic State nutters circulate their jihad-porn snuff movies on Western social media,making useful idiots of the Western `infidels` and `unbelievers` who re-circulate it. The Pegida UK facebook is an education for the Left and Right . My favourite islamist placard shown is "BEHEAD THOSE WHO SAY ISLAM IS VIOLENT" . The Koran insults 24/7 the divinity of Jesus and the Holy Trinity. So all muslims are possessed by Satan. And all the mosques are for Satanic worship. A sharia Left or a sharia Right ? Some serious philosophising with Zizek is necessary here.

Agnostic
March 30th, 2015
4:03 AM
Replacing the “harm principle” with his “offence principle” can be traced to the impeccable Millian credentials of Isaiah Berlin. In his "Two concepts of liberty," Berlin states: "Political liberty is simply the area within which a man can be unobstructed by others. (...) Coercion implies the deliberate interference of other human beings within the area in which I could otherwise act. You lack political liberty or freedom only if you are prevented from attaining a goal by human beings." (pg. 122) Whether the "others" coerce individually or through the state makes no difference. In Berlin's view, any offence limits a person's freedom. "Negative" freedom should be upheld.

RKae
March 27th, 2015
10:03 PM
You talk of "...a black man confronted with the everyday racism of parts of the Right.... etc." But what about the people who THINK they've heard something racist or homophobic? What about the paranoid and delusional? What about those who gain their importance in life by railing against imaginary enemies everywhere? What about things like the "Hands up, don't shoot" myth? If you stand up to fiction like that you are to be destroyed by the paranoid racist conspiracy theorists. MOST of what gets tagged as "racist" by right-wingers is the call for black people to stand up, act like adults and do the work necessary to succeed.

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