A survey inquiry into behavioral foundations of hate speech regulations: evidence from Japan

Abstract

This paper highlights the concept of dignity as the cornerstone that justifies hate speech regulations in democratic societies. In political theory and constitutional law, the primacy of dignity as the moral and legislative justification for regulating hate speech has already been addressed by dignitarianism, especially in the course of debate with free speech advocates. We aim to augment this important claim in the normative literature with empirical data. Specifically, based on our survey conducted in Japan, where its first national anti-hate speech law had only recently been enacted and ordinary citizens were thus less predisposed of the debate, we show that citizens' concerns about the dignity of a targeted victim lead them to support regulations. Our analysis further clarifies the possible mechanisms of the dignitarian rationale, revealing not only the people's public-centered expectation regarding the societal consequences of hate speech, which dignitarians emphasized, but also the importance of more individual-based judgments regarding morality and justice, in shaping their regulatory attitudes.