성소수자에 대한 혐오표현, 그 옹호의 논리를 넘어서: 표현의 자유론 비판과 시민권의 재구성 = Should Anti-gay Hate Speech Be Outlawed? Critiquing Free Speech Argument and Constructing Sexual Citizenship

다국어 초록 (Multilingual Abstract)

As coming out of sexual minorities and social discussion about sexual minorities became more prevalent, hate expression has also become more common. The problem is that a frame of ``anti-discrimination versus freedom of expression`` has been built as hate expression em. emerged as a social issue. Freedom of expression has been neutrally argved as the principle to keep a free market of ideas, but on the other hand it has been a main supportive ground for not prohibiting hate expression. However, if unequal power relations faced by sexual minorities in reality are recognized, hate expression does not exist as a ``pure`` expression in a free market of ideas. That is the reason why the question of ``whose``, ``about whom``, and ``what`` expression should be protected is to be discussed, sinec freedom of expression is more than a superficial concept. When the unequal power relations existing in a society is realized, minorities perceived as ``abnormal`` should be protected from the group who considers themselves ``normal`` and to be of ``common sense.`` However, promoting only legal ``restriction`` has a risk of intensifying social conflict. Therefore, the way to activate expression of and communication with ``the abnormal`` should be promoted, not the way to control ``normals`` However, the objective of ``abnormal`` minorities should not be joining a member of existing ``normal`` majorities. Sexual minorities should be recognized as a ``citizen`` of a society, not as one of heterosexual ``normal`` members. Now, citizenship which considers people to be same colorless citizens needs to be reformed to ``sexual citizenship`` with ``sexual identity`` and ``sexual orientation.`` Hate expression blocks not only sexual minorities to become citizens, but also everyone by denying ``sexuality.`` Negative function of hate expression in a society with power relations by normality and universality should be reconsidered.