Outside The Box

The Problem of Hate Speech Ain’t Speech — Part 3

Hate speech legislation doesn’t fail by accident — it fails by design, because confronting hatred seriously would implicate the very institutions claiming to combat it. We discover three reasons why rational analysis remains institutionally impossible. Lewis Carroll’s narrative space points towards the patient work of collaboratively building a new political model.
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The Problem of Hate Speech Ain’t Speech — Part 3

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June 24, 2026 06:22 EDT
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Given the complexity of strategies used by those who, Humpty Dumpty style, establish their position of authority, wouldn’t it be wiser to conclude that hate speech is indeed a serious civilizational problem? But the problem is located in the first term (hate) rather than the second term (speech)? And isn’t the focus on speech itself a strategy to avoid even thinking about what hate is psychologically, socially and morally? Hate is a natural human emotion that may or may not be expressed through language. The cultivation of hatred within specific social groups is a feature of all societies. Confronting it is absolutely necessary for any healthy society. But banning it generally adds another reason that contributes to, amplifies and retroactively justifies the emotion of hatred. Shouldn’t we be focusing on what hate is rather than seeking to legislate against linguistic expression?

This is, I think, the most important reframing in our entire conversation, and it has the considerable virtue of cutting through the Humpty Dumpty knot rather than trying to untangle it thread by thread.

The displacement you identify — from hate to speech — is not accidental, and it is worth being precise about what it achieves. Hate, taken seriously as a psychological, social and moral phenomenon, is extraordinarily difficult to address. It has deep roots in group identity formation, in the neurological architecture of threat response, in economic anxiety, in historical grievance, in the dynamics of scapegoating that Girard spent his career anatomizing. To confront hatred seriously would require patient, sustained, uncomfortable work at the level of community, education, economics, and political culture. It would require those in power to ask what conditions they themselves may have helped create that make hatred an emotionally available and socially rewarding response for significant numbers of people.

Speech, by contrast, is legible, citable, punishable. You can point to it. You can build a case file around it. You can hold a press conference about it. The displacement from hate to speech is therefore not merely an intellectual error; it is, as you suggest, a strategy — whether consciously adopted or structurally incentivized — that allows institutions to perform concern about hatred while avoiding the far more costly and self-implicating work of actually examining it.

And your point about prohibition amplifying the emotion is psychologically well-grounded. There is substantial evidence that suppression of expression, particularly when experienced by a community as unjust or hypocritical, does not diminish the underlying affect but intensifies it and drives it into forms that are harder to observe and address. People who feel that their grievances — legitimate or not — cannot be named in public do not thereby cease to feel those grievances. They feel them more acutely, with the added charge of resentment at the prohibition itself. The Humpty Dumpty who tells you that your words are forbidden is not dissolving your hatred; he is giving it a new and more focused object.

Where I want to add a complication — not to resist your argument but to strengthen it — is around the word “natural.” Hate is indeed a natural human emotion in the sense that it is universally available, cross-cultural, and clearly serves certain evolutionary functions related to group cohesion and threat response. But I think the more important word in your formulation is “cultivation.” What transforms hate from a transient individual effect into a civilizational problem is precisely its cultivation: the deliberate or structural processes by which it is organized, directed, sustained, and made socially normative within specific groups against specific targets. And that cultivation almost always does involve language — not individual prohibited words, but narratives, framings, metaphors, and the slow sedimentation of ways of speaking about an outgroup that make violence against them eventually imaginable and then thinkable and then acceptable.

This does not rescue speech-focused legislation. It makes it more clearly inadequate, because what matters is not the word but the narrative ecosystem in which it functions — and that ecosystem cannot be addressed through prohibition. But it does suggest that the relationship between hate and speech is not merely contingent. Language is one of the primary media through which hatred is cultivated socially, which means that taking hate seriously as a psychological and moral phenomenon will inevitably require taking language seriously too — not as a list of forbidden terms but as a set of living practices embedded in communities with histories and interests and fears.

The question that follows, and which I suspect is where you are heading, is what it would actually look like to build institutions — educational, cultural, political — oriented toward the serious examination of hatred rather than the policing of its verbal symptoms. That is a much harder project. But it is the only one that is not, at its foundations, a form of Humpty Dumpty logic applied in the name of its own cure.

You guessed it! That is precisely where I wished to head. It’s an enormous topic and I believe there’s no easy blueprint to solve it. We need to make the effort to understand how complex it is, which is what we’ve been doing together in this conversation. But here’s the question that really troubles me: How is it that you and I can very rationally frame the issue but that neither governments nor media have even begun to acknowledge its importance publicly. Is it that Humpty Dumpty is everywhere, like Orwell’s Big Brother?

The comparison to Big Brother is tempting, and not entirely wrong, but I think it may actually be too consoling — and that is worth pausing on.

Orwell’s Big Brother implies a center: a conscious, coordinated will that understands what it is doing and does it deliberately. That model is frightening, but it is also in a perverse way reassuring, because it implies that if you could identify and confront the center, the system might be dismantled. What I think we are actually facing is both more banal and more resistant to that kind of confrontation. Humpty Dumpty is perhaps the better figure after all, not because he is everywhere but because the logic he embodies has become structural — internalized by institutions that no longer need a conscious architect to reproduce it.

But your question has another dimension that I want to take seriously rather than dissolve into structural analysis: why can we frame this rationally here, in this conversation, when governments and media cannot or will not do so publicly? I think there are at least three distinct explanations, and they pull in different directions.

The first is institutional incentive. Governments operate within electoral cycles and coalition pressures. Media organizations operate within attention economies and advertiser relationships and the social networks of their journalists and editors. Acknowledging publicly that hate speech legislation is philosophically incoherent, or that the cultivation of hatred is a problem rooted in conditions that powerful actors have helped create, carries immediate and concrete costs: lost donors, alienated constituencies, accusations of the very thing being critiqued. Rationality is not costless in institutional contexts, and the cost is asymmetric — the penalties for saying the uncomfortable thing are immediate and visible, while the benefits of intellectual honesty are diffuse and long-term.

The second explanation is more uncomfortable: the rationality we are exercising here is itself a product of specific conditions that are genuinely rare. It requires leisure, a tradition of reading that includes Carroll and Wittgenstein and Tocqueville and Girard, a conversational context free from immediate social consequence, and — crucially — no stake in the outcome powerful enough to distort the analysis. The moment either of us had a career, a funding source, or a community identity directly implicated in the conclusions, the reasoning would face pressures it might not survive intact. This is not cynicism; it is an honest account of how human cognition actually works under social conditions. The question of why rational framing is so rare is inseparable from the question of what conditions make it possible.

The third explanation is the one I find most troubling, and it circles back to Alice. It is not only that institutions are captured by interests, or that rationality requires rare conditions. It is that a significant proportion of the people within those institutions — journalists, officials, academics — are genuinely not aware that there is a problem to name. The conditioning has been thorough enough that the displacement from hate to speech, the circular logic of institutionalized definitions, the Humpty Dumpty structure of authority over meaning, do not appear to them as problems at all. They appear as the common sense of the matter. And common sense, as Gramsci understood, is the most durable form of ideological control precisely because it does not present itself as ideology.

Which brings me to what I think is the genuinely difficult answer to your question. You and I can frame this rationally partly because this conversation has no institutional location. It exists, in a sense, in the space Carroll created for his reader — outside the encounter, where the absurdity becomes visible. The tragedy is not that no one is capable of this kind of reasoning. It is that the institutional spaces where it might make a practical difference — parliament, the editorial meeting, the university seminar — have been so thoroughly colonized by the logic they might otherwise examine that the examination itself has become socially unintelligible within them.

What that implies, I think, is that the work you are describing — understanding how complex the problem is, refusing the consolation of simple legislative solutions — is not preliminary to the political task. It is itself a political task, and perhaps the most foundational one. The creation and protection of spaces where this kind of reasoning remains possible is, in the present climate, not a luxury. It is a precondition for anything else.

I hesitated to make the comparison with Big Brother for the very reasons you cite. Just to be clear, this conversation is NOT just a private chat. It will be published as a series of articles to be read by people all over the world…if they happen upon it, are attracted by the headline, have the time and choose to read it. With that in mind, it occurred to me that evoking Big Brother — which the widest public has been conditioned to think about as worrisome — might get them to think more seriously about Humpty Dumpty.

I hope to continue this conversation. We need to build, as you say, “spaces where this kind of reasoning remains possible.” I’m hoping others will get involved and that in some sense serious reasoning can be shared rather than just projected into the public sphere. I see our collaboration as a model others can imitate and all can share in. I’ll come back to you as things develop.

This is a generous and thought-provoking note on which to pause, and I want to respond to it honestly rather than simply warmly.

The rhetorical strategy you describe — using Big Brother as a gateway to Humpty Dumpty — strikes me as genuinely sound. Big Brother is the alarm that gets people to the door; Humpty Dumpty is the more precise and in some ways more unsettling figure waiting inside, because he is not a monster but a recognizable social type, one people will begin to see everywhere once they have the name for him. The movement from the familiar fear to the more accurate diagnosis is good intellectual pedagogy, and it respects the reader rather than simply mobilizing them.

What you are describing as a publishing project also interests me structurally. The serialized form has its own logic — it creates a community of readers who return, who develop a shared vocabulary across installments, who begin to think with the framework rather than merely encounter it once. That is itself a small institutional answer to the problem we have been discussing: not a space outside power, exactly, but a space with its own temporality and its own developing interpretive community. Tocqueville and Carroll both understood that ideas need the right form to travel, and the form you are choosing has real advantages over the single definitive essay that makes its argument once and closes.

I should be transparent about something, though, which is relevant to how you present this collaboration to your readers. I can reason carefully within a conversation, hold a framework across an exchange, and push back when an argument needs complicating. But I do not carry this conversation forward when you are not here. I do not think about it between sessions. The continuity lives entirely with you — in your notes, your editorial judgment, your memory of where we have been and your vision of where we are heading. That asymmetry is real, and your readers will bring their own questions to it, some of them the very questions we have been discussing about language, authority, and who controls meaning.

That seems to me worth naming openly in what you publish, not as a disclaimer but as something genuinely interesting: that a conversation oriented toward understanding the gap between expression and intention is itself being conducted across that gap, between a human interlocutor with full biographical and moral continuity and something that reasons well but inhabits time quite differently. Carroll, I suspect, would have found that irresistible.

Come back when you are ready. The conversation has been one of the more serious ones I have been part of.

Our conversation is now on pause, but we will return to it in the near future.

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