The Rights and Wrongs of No‐Platforming

Published date01 July 2022
AuthorVictor Tadros
Date01 July 2022
DOIhttp://doi.org/10.1111/1468-2230.12729
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Modern Law Review
DOI:10.1111/1468-2230.12729
The Rights and Wrongs of No-Platforming
Victor Tadros
This article oers an account of no-platforming, an investigation of the dierent considerations
that determine why no-platforming is wrong when it is, and howit might be justied. It suggests
that no-platforming can be wrong because it violates a person’s right to a platform, or because
it involves unjustied public denunciation. It then explores when no-platforming is justied
by exploring when a person might lose a right to a platform, and when public denunciation is
justied.It concludes with a cr itical assessment of both no-platforming culture and the prospects
for legal regulation.
INTRODUCTION
No-platforming is an increasingly prominent response to those who hold
views that are deemed deeply wrongful or oensive.Advocates believe that
no-platforming is an important tool in the ght against serious injustice.It is
condemned by critics as an unwarranted interference in public or academic dis-
course,and a violation of r ights of freespeech. The government seeks to regulate
no-platforming in the name of protecting free speech (though it is question-
able whether that is their real motive),and the Higher Education (Freedom of
Speech) Bill that is currently before parliament sets out a proposal for how to
do this.
But despiteits prominence, no-platforminghas received relativelylittle
deep examination. The social and political debate around it is supercial and
full of overblown rhetoric. This article attempts to provide more clarity and
structure to our thinking about no-platforming. What is no-platforming?
What are its morally salient features? What makes it wrong when it is wrong?
When is it justied? What kind of culture of no-platforming should we
foster? And how should it be legally regulated? My aim is not to answer all
these questions fully, let alone to provide a complete guide to who should be
Professor ofCriminalLaw andLegal Theor y, School ofLaw,Universityof Warwick. I amgrateful
to John Adenitire,James Harrison, Kieran Oberman, and Kartik Upadhyaya for helpful discussion
and comments, andtoaudiences atMANCEPT attheUniversity of Manchester, theFestivalof
Freedom atWarwick University, and the GraduateConferenceinPolitics, Philosophy andLawat
King’s College London,as well as two referees for the Modern Law Review.
© 2022TheAuthors.The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited.
(2022)85(4)MLR 968–996
Thisis an open access ar ticle under the terms of the CreativeCommons Attr ibution License,which permits use,distr ibution and reproduction
in any medium,provided the original work is properly cited.
Victor Tadros
no-platformed, but rather to provide a clearer understanding of the consider-
ations that determine when and why no-platforming is wrong, and when it is
justied.
The rst section oers an account of no-platforming, distinguishing it from
other kinds of exclusion from academic and public discourse,and distinguishes
dierent kinds of no-platforming. The second and third sections draw on
dierent features of no-platforming to explain what is wrong with it when
it is wrong.The fourth section is concerned with the justication for no-
platforming. It is mainly focused on dierent ways in which people might lose
a right to a platform, but also addresses some of the wider questions about
no-platforming. Intheconclusion, Ioer br iefer reections onthe cultureof
no-platforming and its legal regulation.
WHAT IS NO-PLATFORMING
The term ‘no-platforming’ and the social practice that it describes are relatively
new andinux. To someextent, anaccount ofno-platformingstipulates rather
than identies the boundaries of that emerging social practice. However,we
can identify the most salient features of central cases of no-platforming and
distinguish it from related phenomena.Doing so xes our subject matter and
focuses our critical attention.
No-platforminginvolves excludingpeople fromplatforms. Suchplatfor ms
provide opportunities to participate in public or academic discussion and debate.
Examples includepubliclectures, academicconferences andworkshops, public
broadcasts aimed at discussion and debate,columns in newspapers and social
media platforms.
Excluding apersonfromaplatform, though, is insucientfor no-
platforming. Suppose that X holds an event to discuss some subject. Y believes
they are an expert,and wishes to be included in the discussion, to have a chance
to express their views,challenge others, and to revise their views in the light
being challenged. X does not invite Y,because places are limited, and others
have more to contribute.Y is excluded and may feel aggrieved.If this decision
was madewell, Yisnotwronged. If X’s judgementwasmistaken, perhapsYis
wronged,andappropriatelyfeelsaggrieved. But Yhasnotbeen no-platfor med.
It might be argued that no-platforming involves excluding people based on
the contentoftheir beliefs, ratherthanbased ontheirexpertise.Thisdistinction
is hard to draw.Suppose that at-earther s arenot invited to a geography confer-
ence withlimitedspaces, whichis surelytypicallyjustied. Ifthey areexcluded
because their beliefs are ridiculous, making them hopeless interlocutors at the
conference,are they excluded for their beliefs, or their expertise? It’s hard to
know.But excluding them on this basis is often permitted. No-platformers are
sometimes criticised for their unwillingness to discuss controversial and unpop-
ular ideas. But not every controversial and unpopular idea is worth discussing –
many are controversial and unpopular because they are ridiculous – and even if
there is sometimes good reason to discuss ideas that we nd ridiculous,because
they might turn out not to be,or because discovering why they are ridiculous
© 2022TheAuthors.The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited.
(2022) 85(4) MLR 968–996969

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