Abstract

In the past few years, the United States has seen violent street protests in response to police killing unarmed people of color, angry protests by university students concerned about the racist legacy of their institutions, and verbally disruptive protests inside rallies of the (then) Republican nominee for president, Donald Trump. Some of these acts of protest have been clearly legal, protected by the First Amendment of the United States Constitution; others, by contrast, have not, but may nevertheless be be defensible acts of politically motivated disobedience. We are interested here in both legal and illegal acts of protest, but our focus here will be primarily on the latter, for the philosophical literature on protest has focused mostly on illegal cases. Elsewhere, we argue that a fruitful avenue for exploring these issues is to take a speech-act theoretic approach to them. In this paper we compare and contrast this approach with more prominent views of protest (viz., liberal and republican views of civil disobedience). Our goal is to explore the variety of ways in which political dissent, even when it is illegal, may be justified.