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192 NOTES
Galston, Liberal Virtues and the Formation of a Civic Character in M.A. Glendon and
D. Blankenhorn (eds), Seedbeds of Virtue: Sources of Competence, Character, and
Citizenship in American Society, Lanham, Maryland: Madison Books, 1995.
75 For Tomasi, the good political liberal citizen is a person who is skillful at the art
of exercising her rights (ibid., p. 75). On his view, good liberal citizens are
capable of conceiving of themselves as rights-holders and if necessary, capable
of pressing their rights in a way that does not cause damage to, and perhaps
even promotes, the projects and pursuits embedded in their non-political identi-
ties.
76 For example, see the Sydney Morning Herald reporting that France imposed the ban
in September to reassert the neutrality of its state schools and counter what teachers
said was rising Islamist radicalism reflected in the wearing of headscarves, denial of
the Holocaust and attacks on Jewish schoolmates ( First French Pupils Expelled
Over Headscarves , Sydney Morning Herald, 20 October 2004). Thanks to Bob
McKeever for pointing out this piece to me.
77 On this point see J.H. Carens and M. Williams, Muslim Minorities in Liberal
Democracies: The Politics of Misrecognition in R. Bhargava (ed.), Secularism and Its
Critics.
78 See my Civil Citizens in C. McKinnon and I. Hampsher-Monk (eds), The Demands
of Citizenship, London and New York: Continuum, 2000.
8 Artistic expression
1 S. Rushdie, One Thousand Days in a Balloon in his Imaginary Homelands, London:
Granta Books, 1991, p. 439.
2 S. Rushdie, In Good Faith in his Imaginary Homelands, p. 394.
3 Rushdie, ibid., p. 397.
4 For a more detailed account of the Rushdie affair see J. Horton, The Satanic Verses
Controversy: A Brief Introduction in J. Horton (ed.), Liberalism, Multiculturalism
and Toleration, Basingstoke: Macmillan, 1993. See also L. Appignanesi and S.
Maitland (eds), The Rushdie File, London: Fourth Estate, 1989.
5 A photograph of the painting is available on-line at: http://www.smb.spk-berlin.de/
d/exhibition/sensation/harvey.html (accessed 28 April 2005).
6 A photograph of the painting is available on-line at: http://www.artnet.com/
Magazine/features/hoving/hoving4-7 10.asp (accessed 28 April 2005).
7 See Schenck v. United States, 249 U.S. 47 (1919).
8 J.S. Mill, On Liberty in Utilitarianism, M. Warnock (ed.), London: Fontana Press,
1962, p. 184.
9 See, for example, S. Akhtar, Be Careful With Muhammad!, London: Belleur, 1989.
10 J.S. Mill, ibid., p. 143.
11 See R. Descartes, Meditations on First Philosophy, Cambridge: Cambridge University
Press, 1996, Meditations 1 and 2.
12 In fact, Mill himself admits that there are some subjects (he mentions geometry and
mathematics) with respect to which all the argument is on one side (Mill, ibid.,
p. 163), but he claims that the exceptions prove the rule.
13 Mill, ibid., pp. 180 1.
14 See J.C. Rees, John Stuart Mill s On Liberty , Oxford: Clarendon Press, 1985.
15 Mill, ibid., p. 161.
16 The argument is explicitly invoked by Rushdie in defence of SV. See S. Rushdie, Is
Nothing Sacred? in his Imaginary Homelands.
17 See A. Haworth, Free Speech, London and New York: Routledge, 1998. Philosophical
accounts of knowledge are sometimes given in terms of justified true belief, but
nothing hangs on this characterisation.
NOTES 193
18 The satanic verses are to be found in a revision of a biography of Muhammad by an
Arabic historian the Sirat Rashul Allah said to have been written 120 30 years after
Muhammad s death. The biographer (Ibn Ishaq) reports a story that Muhammad was
anxious to attract the people of Mecca to Islam. As he was reciting to himself this
verse of the Qur an, as revealed to him by the angel Gabriel, Have you thought of al-
Lat and al- Uzza and Manat the third, the other (Sura 53, 19 20; the verse refers to
three goddesses worshipped by Meccans), Satan tempted him to add the following
This are the exalted Gharaniq, whose intercession is approved. What Muhammad s
addition of the verse would signify is his acceptance of the effective intercession of the
goddesses, and thus his rejection of monotheism, which according to the story led
the Meccans to cease the persecution of Muhammad and the first Muslims. The story
concludes with Gabriel visiting Muhammad again to upbraid him, as a result of which
Muhammad removed the satanic verses from the Qur an, and the persecution of
Muslims resumed. The Muslim scholar Fazlur Rahman argues that this story ought to
be accepted as true (see F. Rahman, Islam, Chicago: University of Chicago Press,
1979); for scholarly rejection of the story see http://www.islamonline.net/English/
In_Depth/mohamed/1424/misconception/article04.shtml (accessed 14 November,
2004).
19 Mill, ibid., p. 182.
20 J. Waldron, Rushdie and Religion in his Liberal Rights. Waldron has since stepped
back somewhat from this form of aggressive liberalism. See J. Waldron, Toleration and
Reasonableness in C. McKinnon and D. Castiglione (eds), The Culture of Toleration in
Diverse Societies: Reasonable Tolerance, Manchester: Manchester University Press, 2003.
21 See Mill, ibid., chapter 2. It is, however, debatable whether Mill s conception of indi-
viduality is best understood as a conception of autonomy.
22 T.M. Scanlon, A Theory of Freedom of Expression in his The Difficulty of Tolerance,
Cambridge: Cambridge University Press, 2003, p. 15.
23 Scanlon, ibid., p. 16, emphasis added.
24 See T.M. Scanlon, Freedom of Expression and the Categories of Expression and
Content Regulation Reconsidered , in his The Difficulty of Tolerance.
25 Scanlon, Freedom of Expression and the Categories of Expression , p. 86.
26 Scanlon, ibid., p. 91.
27 Scanlon, Content Regulation Reconsidered , p. 155.
28 Scanlon, Freedom of Expression and the Categories of Expression , p. 92.
29 Scanlon, Content Regulation Reconsidered , p. 155. The term citizen interests is mine.
30 See Scanlon, Freedom of Expression and the Categories of Expression , pp. 90 1.
31 Scanlon, Content Regulation Reconsidered , p. 165.
32 Scanlon, Freedom of Expression and the Categories of Expression , p. 100.
33 R. Dworkin, The Moral Reading and the Majoritarian Premise in his Freedom s
Law: The Moral Reading of the American Constitution, Cambridge, Mass.: Harvard
University Press, 1996, pp. 15 16.
34 Dworkin, ibid., p. 17.
35 Dworkin, ibid., p. 17.
36 In the Gettysburg Address President Abraham Lincoln defended government of the
people, for the people, by the people .
37 Dworkin, ibid., p. 20.
38 Dworkin, ibid., p. 20.
39 Brown v. Board of Education 347 U.S. 483 (1954).
40 Dworkin, ibid., p. 24.
41 Dworkin, ibid., p. 25.
42 Note that it is not Dworkin s view and is not required by the argument from
democracy in general that political speech is the primary focus of constitutional
protection. Rather, our interests as citizens that is, as members of a democratic
community are in having freedom of expression across the board. For the more
194 NOTES
limited argument that the primary focus of First Amendment freedom of expression
is political speech see F. Michelman, Conceptions of Democracy in American
Constitutional Argument: The Case of Pornography Regulation , Tennessee Law
Review, vol. 56, no. 291, 1989.
43 See F. Schauer, The Second Best First Amendment , William and Mary Law Review,
vol. 31, no. 1, 1989. The First Amendment reads: Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the government for a redress of grievances .
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