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The Right to Offend? Contested Speech Acts and Critical Democratic Practice
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The Right to Offend? Contested Speech Acts and Critical Democratic Practice
The Right to Offend? Contested Speech Acts and Critical Democratic Practice
Journal Article

The Right to Offend? Contested Speech Acts and Critical Democratic Practice

2012
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Overview
In the wake of the Danish cartoon crisis, Islam critic Ayaan Hirsi Ali defended the right to offend against an allegedly hegemonic, \"multiculturalist\" obligation not to offend that she believed made it impossible to criticize Islam. After critiquing several of Hirsi Ali's interventions-a speech, an op-ed, a spiritual autobiography, and a short film-and after critiquing the obligation not to offend that I trace in the jurisprudence of the European Court of Human Rights, I argue in this article that judgments on contested expressions such as the cartoons cannot be made from within a narrow framework that simply balances \"negative\" liberties: the freedom from censorship versus the freedom from offense. Instead, such judgments require analysis of the specificity of the speech acts that are being performed, as well as a conception of critical democratic practice.