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Addressing the Harms <strong>of</strong> Speech<br />

balise; marriage counselling <strong>of</strong>ten focuses on problems <strong>of</strong> communication.<br />

78 Parents <strong>and</strong> teachers socialise children to address siblings<br />

<strong>and</strong> friends without inflicting unnecessary hurt. 79 Speech codes at<br />

American <strong>and</strong> British universities have been condemned by conservatives<br />

<strong>and</strong> invalidated by courts, but academic institutions could<br />

not function if their members "freely" hurled racist slurs, homophobic<br />

taunts, or sexist innuendoes at each other, or if pornography<br />

covered the walls <strong>of</strong> the senior common room or the co-ed toilets <strong>of</strong><br />

residence halls. All performers—especially the most successful—<br />

cultivate their audience. While writing The Last Chronicle <strong>of</strong> Barset<br />

in the drawing room <strong>of</strong> Athenaeum, Anthony Trollope heard two<br />

clergymen disparaging his characters, with particular animus toward<br />

Mrs. Proudie. He declared "I will go home <strong>and</strong> kill her before the<br />

week is over" <strong>and</strong> promptly did so. 80 When 500 million people in<br />

27 countries saw the premiere <strong>of</strong> Michael Jackson's video "Black or<br />

White," many protested a scene showing him rubbing his pelvis <strong>and</strong><br />

unzipping his fly <strong>and</strong> another in which he smashed up cars.<br />

Although he had already edited the tape for violence, Jackson<br />

immediately agreed to cuts. "I've always tried to be a good role<br />

model [a strange claim given his deliberately ambiguous sexual <strong>and</strong><br />

racial identity] .... I deeply regret any pain or hurt that the final<br />

segments <strong>of</strong> Black or White has [sic] caused children, their parents<br />

or any other viewers." 81 When Americans <strong>and</strong> Japanese collaborated<br />

on a television programme about World War II, a scene <strong>of</strong><br />

Chinese being shot in a ditch was narrated differently. The English<br />

text read: "Japan's claim it was liberating China was ludicrous to<br />

Americans, particularly when hundreds <strong>of</strong> thous<strong>and</strong>s <strong>of</strong> Chinese<br />

men, women <strong>and</strong> babies were murdered in what was called the<br />

Rape <strong>of</strong> Nanking." The Japanese version did not mention Nanking,<br />

saying rather: "in a totalitarian attempt to grab l<strong>and</strong> <strong>and</strong> wealth, the<br />

Japanese military had led the country into an eight-year war in<br />

Manchuria <strong>and</strong> China." 82<br />

A. Measuring the Injury<br />

Because the effect <strong>of</strong> <strong>speech</strong> on status is contextually specific, we<br />

need a framework for analysing its harms in order to calibrate the<br />

response. This section begins that task.<br />

/. Speaker Identity Public <strong>of</strong>ficials purport to speak for the collectivity,<br />

endowing their message with formal authority <strong>and</strong> apparent<br />

consensus. Although James Watt, Reagan's first Secretary <strong>of</strong> the<br />

Interior, could wreak havoc on the environment with impunity, he<br />

137

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