Not in Front of the Shih Tzu: Professors Call for Hate Speech Protections to be Extended to Animals

Two professors at the University of Sheffield have published a piece in the Oxford Journal of Legal Studies to extend hate speech protections to animals to deal with hateful “speciesist” remarks. Drs. Josh Milburn and Alasdair Cochrane insist that such protections will help achieve a “more benign human–animal relations within society.”  The need for speech criminalization is based on the view that “some animals do seem to have their social confidence eroded because of their awareness of the risk of violence.”

 

We previously discussed the campaign by PETA to end the use of animal references in pejorative comments. It called for the end of the use of pig, chicken, pig, rat, snake and other references to “stand up for justice by rejecting supremacist language.”

These two academics go further to demand actual speech crimes and controls to protect animals:

“Laws against hate speech protect members of certain human groups. However, they do not offer protection to nonhuman animals. Using racist hate speech as our primary example, we explore the discrepancy between the legal response to hate speech targeting human groups and what might be called anti-animal or speciesist hate speech….We thus conclude that, absent a compelling alternative argument, there is no in-principle reason to support the censure of racist hate speech but not the censure of speciesist hate speech.”

 What was striking to me in the work is the reliance on the writings of NYU Professor Jeremy Waldron who I debated a couple years ago at Rice University over his work in establishing speech codes and crimes. Despite my respect for him as an academic, I have long objected to Waldron’s work as inimical to free speech and creating a slippery slope of ever-expanding censorship.  That danger is evident in this latest work.  The professors embrace Waldron’s concept of “group defamation” and the harm it causes to individuals in society. They then extend that concept to animals:

“the best reading of Waldron’s theory must include certain animals within its protective remit…some states have enacted constitutional provisions for the sake of animals, some of which explicitly recognise the ‘dignity’ of animals.But, again, none of these provisions acknowledges that animals possess the Waldronian sense of civic dignity: none views animals as possessing equal social standing, membership, status, and rights. No community truly regards its animal residents as members of society, and none recognises them as equals.”

The argument illustrates how speech controls and crimes develop into an insatiable appetite for more and more regulation in maintaining what Waldron calls a better society. More and more speech is pulled into this vortex of criminalization and regulation.

As many know on this blog, I have long called for greater protections for animals and the recognition broader of animal rights. This includes greater standing to argue for relief in court on behalf of such animal interests. However, I am also a free speech advocate. Indeed, academics like Waldron view me as something of an extremist in my own right. I admit that I oppose most regulation and criminalization of speech. I may be a free speech dinosaur in that sense. Traditional free speech values are certainly out of vogue among academics.  I believe in largely unfettered free speech, particularly for statements made off campus or outside of a classroom. I seriously do not believe that these animals are harmed by such comments but I know that free speech will be further harmed by their criminalization.

You can read the study here.

 

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Author: jonathanturley


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