Category: Democracy

Free Speech for Political Campaign Lies?

On Tuesday, November 5, citizens of the United States will vote for who they want to serve as their President for the next four years. They will also vote for federal congressional representatives as well as a host of other state and local government officials.


U.S. political campaigns—especially presidential campaigns—are exhausting. This is in part because they are much longer and more expensive than the political campaigns in many other nations.


Another reason why many have found the last three presidential campaigns exhausting is the sheer volume and brazenness of the lies told by Donald Trump and many other Republicans who have come to mimic his campaign style. Trump’s lies have reinforced partisan epistemology while simultaneously creating epistemic chaos that he seeks to use to his advantage.


He has successfully used lies to undermine public trust in U.S. elections. This is starkly exhibited by the fact that nearly 30% of Americans—including roughly two thirds of Republicans—say they believe that the 2020 U.S. Presidential election was stolen.


The reason that so many Americans believe this patent falsehood is because Trump and his allies have repeatedly told this lie. However, it seems that Trump and his allies don’t really believe it, given that they have been unwilling to make these same claims in court or in other contexts in which they could face legal sanctions for lying.


This is an example of the truth-revealing power of courts. The best explanation for why Trump and his co-conspirators refuse to make these false claims about the 2020 election in contexts where they realize that lying comes with significant legal consequences is that they know they are lying.


If significant legal consequences for lying are enough to stop Trump and his co-conspirators from lying in court, one might naturally conclude that the best course of action might be to create similarly significant legal consequences for lying as part of political campaigning. This is a reasonable thought, but it’s not that simple—at least not in the United States. This is because such a course of action conflicts with contemporary social and legal understandings of the First Amendment of the U.S. Constitution’s protection of free speech.

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At last, justice for the Chagos Islanders?

Aerial photograph of the coconut plantation at East Point, Diego Garcia. Photograph shows strip of land between both ocean and lagoon, with the dilapidated plantation buildings sitting in a lawn surrounded by coconut trees.
Aerial photograph of an abandoned coconut plantation at East Point, Diego Garcia. See page for author, Public domain, via Wikimedia Commons

Last week, the news that the UK has agreed to return the Chagos Islands to Mauritius was widely reported. The agreement was denounced by many in the British press and political establishment – including by all current candidates for leadership of the Conservative Party. On the other hand, in other quarters the deal was greeted with cautious optimism. US President Joe Biden welcomed the agreement as a “clear demonstration that … countries can overcome longstanding historical challenges to reach peaceful and mutually beneficial outcomes”. In a joint statement, UK Prime Minister Keir Starmer and Mauritius Prime Minister Pravind Jugnauth called it “a seminal moment in our relationship and a demonstration of our enduring commitment to the peaceful resolution of disputes and the rule of law”.

Among Chagossians the feelings seem more mixed. Some see it as a step in the right direction, suggesting that Mauritius is more likely to put resettlement plans in place. Others, however, have criticised the fact that, even in a decision like this, Chagossians have been systemically excluded from the discussion. One group representing Chagossians in the UK, Mauritius and the Seychelles claimed that “Chagossians have learned this outcome [of the negotiations] from the media and remain powerless and voiceless in determining our own future and the future of our homeland”. Others, speaking to the BBC, expressed frustration that, once again, decisions about their future were made without their input.

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In Wisława Szymborska Park: Reflections on 15 Years of Citizens’ Budgets in Poland

This is a guest post by Callum MacRae (Jagiellonian University, Krakow)

A photograph of Wisława Szymborska park. It shows a stone waterfeature running alongside an area of mixed wild plants and flowers.
Wisława Szymborska park, photograph provided by Callum MacRae

Tucked behind the public Voivodeship library, connecting Karmelicka street to the east with Dolnych Młynów to the west, lies Krakow’s Wisława Szymborska park. The park is new to Krakow, having opened just last year. But, sitting just a short walk from the historic old town, those who live in the city have already come to know and love it as a precious area of public greenspace. On warm days, the park’s carefully considered design is alive with people; playing, chatting, reading, passing time, watching the world go by.

But the park represents more than just an impressively successful example of green, public, urban design. It is a product of Krakow’s Citizens’ Budget scheme, having been approved in the 2019 round of funding, and as such it also represents the power and potential of Poland’s remarkable modern engagement with participatory budgeting in local government.

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From the Vault: Justice, Democracy, and Society

While Justice Everywhere takes a short break over the summer, we recall some of the highlights from our 2023-24 season. 

A person casts a vote during the 2007 French presidential election. Rama, CC BY-SA 2.0 FR https://creativecommons.org/licenses/by-sa/2.0/fr/deed.en, via Wikimedia Commons

Here are a few highlights from this year’s writing on a wide range of issues relating to justice, society and democratic systems:

Stay tuned for even more on this topic in our 2024-25 season!

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Justice Everywhere will return in full swing in September with fresh weekly posts by our cooperative of regular authors (published on Mondays), in addition to our Journal of Applied Philosophy series and other special series (published on Thursdays). If you would like to contribute a guest post on a topical justice-based issue (broadly construed), please feel free to get in touch with us at justice.everywhere.blog@gmail.com.

3 Points for a Win and Constitutional Design

Critics of the “first past the post” electoral rule often complain that it is unfair. It seems unfair that (for example) in the 2019 UK general election the Scottish National Party won 7% of parliamentary seats with only 4% of votes cast across the country, while the Liberal Democrats won 2% of seats with 4% of votes.

So, which electoral system is the fairest of them all?

I submit that there is really no answer to this question, and we would do better to discard it.

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Beyond the Ivory Tower interview with Martin O’Neill

Not only are there more democratic and egalitarian alternatives theoretically, but also policies being pursued successfully at the city and the regional level, in many places, that do give people a sense of control in the economic sphere. It’s not just wishful and abstract thinking; there is abundant proof of concept. We have to remain hopeful; we have to shine a light on those examples and talk about why they represent elements of a different kind of settlement, a more justifiable and more human political and economic system, that we ought to strive to see realized more widely and more deeply.  

(This interview took place at Alma Café, a beautiful family-owned café in York, England) 

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Protecting Territorial Minorities: Defensive Federalism

In this post Marc Sanjaume-Calvet (Universitat Pompeu Fabra), discusses the role of federalism as a way of protecting from the tyranny of the majority, safeguarding both against the ills of centralised power and territorial self-government. The reflections in this post stems from his recently published book, coedited with Professor Ferran Requejo (UPF), Defensive Federalism Protecting Territorial Minorities from the “Tyranny of the Majority” (2023, Routledge).

Image by George Becker from Pexels
Image by George Becker from Pexels
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Why we need alternative voting methods

Don’t you find it highly frustrating when you want to vote for a person or party you like but you can’t really do it because you know that the person or party has a very low chance of being elected or being part of a coalition government? You may think it’s frustrating yet unavoidable. After all, isn’t it part of what making a choice means to sacrifice some attractive options? Well, no, or so I argue in a recently published article. We have a right to voting methods that allow for a more honest and complex expression of our preferences, that do not force us to sacrifice the expression of our genuine preferences. And the good news is that appealing alternative voting methods exist.

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What is next for the environmental movement in the UK?

Almost 5 years ago today, on the 31st of October 2018, Extinction Rebellion was publicly launched outside the UK Parliament. Since then, it has been one of the most influential environmental movements in the UK and in other parts of the world, instrumental in changing the public conversation and in leading to the declaration of a climate emergency by the UK parliament in 2019. Using non-violent civil disobedience and mass arrests as the main tactics, in its first few years the movement organised a number of often theatrical actions which included blocking roads and bridges, with activists gluing and locking themselves in public spaces. The question of whether public disruption was indeed the right tactic for Extinction Rebellion, and the environmental movement more broadly, has dominated conversations inside and outside the movement ever since.

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Intellectually Humble Free Speech Law

Scholars familiar with the philosophical arguments in favor of robust free speech protections commonly identify three kinds of arguments given in favor of such protections:

1. Free speech helps us discover truth,
2. Free speech is required for democratic self-governance,
3. Free speech is an important part of autonomy.

Contemporary social and political circumstances—including the persistent spread of viral misinformation via social media—have called these traditional arguments into question.

Can we really claim that free speech helps us discover truth when the data suggest that falsehoods travel, on average, much faster and farther than truthful corrections? Does free speech, on balance, help preserve democracy when the integrity of elections is being undermined by orchestrated viral disinformation campaigns?

Such questions prompted by social, political, and material reality ought to be taken seriously. Taking such questions seriously may require us to reconsider what kinds of arguments best ground free speech rights. This may, in turn, require us to reconsider what good free speech law and policy should look like.

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