On State Toleration of Hate Speech in Pluralist Democracies

Abstract

MacIntyre’s ‘liberal’ view of the state’s toleration of hate speech may seem surprising given his radical rejection of liberalism. It appears liberal because MacIntyre agrees with some classical liberal conclusions, as formulated by Locke, concerning the requirement of evaluative neutrality of the state. This seems to be the main reason why MacIntyre argues that the hate speech toleration at the governmental level should not be ‘content-based’, i.e. it should be strictly ‘context-based’. The paper argues that MacIntyre’s ‘context-based’ approach seems problematic because it does not take the relevance of different political contexts seriously enough and should be modified towards the ‘regime-based’ model, in which hate speech bans are justified only by the insufficient quality of a given democratic society.