freedom of speech argumentative paper

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The good, the bad, and the ugly of free speech

• Pamela J. Forsythe

Daryl Tempesta is shown with tape over his mouth in protest in April, in Berkeley, Calif. Demonstrators gathered near the University of California, Berkeley campus amid a strong police presence and rallied to show support for free speech and condemn the views of Ann Coulter and her supporters. (AP Photo/Marcio Jose Sanchez, file)

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Freedom Of Speech - Essay Examples And Topic Ideas For Free

Freedom of speech is a principle that supports the freedom of an individual or community to articulate their opinions without fear of retaliation, censorship, or legal sanction. Essays could explore the various interpretations of freedom of speech, its limitations, and its impact on democracy and societal harmony. A vast selection of complimentary essay illustrations pertaining to Freedom Of Speech you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Freedom of Speech and Censorship

The government needs to also look at the First amendment that gives Americans the freedom of speech. Although freedom of speech gave the Americans an opportunity to express themselves, it came with some disadvantages. Some individuals used this freedom to propagate hatred especially racism. Individuals who had something against the blacks would use the freedom of expression clause to protect themselves before making hateful remarks. They would propagate hate between the African Americans and the whites. Some leaders were known […]

Freedom of Speech should not be Limited

Literature has always been tricky. At times, people find certain books to be offensive or inappropriate. People will even go to great lengths to challenge or ban books just because of differing opinions. Limiting free speech has been a constant and continuous argument throughout history. One side argues that certain pieces of writing should be banned or censored due to words, content and themes that are either viewed as inappropriate, controversial or contain language that is no longer acceptable. Violence, […]

First Amendment Values

Americans value the First Amendment as much as a teenage girl values her cell phone. Life just wouldn't be the same without it. Thanks to the authors of the Constitution America has established the fundamental laws, government, and basic rights for American citizens. The document was signed on September 17, 1787, in Philadelphia. Later, Madison introduced 19 amendments, 12 of which were adopted. Ten of them were ratified and became the Bill of Rights on December 10, 1791. The First […]

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Freedom of Speech on Social Media

Social media and freedom of speech have taken over the world. People read on the news every day about people being punished for what they post on social media. To what limit should people be punished for what they post? When people post online, everyone can see the material. It does not matter if the account is private. People should face consequences for their actions on social media if their post is offensive, containing work information, or includes a provocative […]

Importance of Freedom of Speech

Freedom of Speech Taken from People Many people around the world are forced to live without a voice for themselves. These people live in constant fear of the consequences they may face if they do voice their opinions. This lack of a voice goes against the inalienable right that is known as freedom of speech, which is defined as “the legal right to express one’s opinion freely” (Merriam-Webster, 2020). These restrictions of free speech can be countered through the use […]

What Freedom Means to me

There are millions of people around the world that live under conditions where the government withholds their human freedoms from them. Some people can not practice the religion they truly believe in, and others are scared for their lives on a daily basis. No matter how many restrictions citizens of different countries must abide by, nobody should be forced into silence. To “be free” means that everybody has the right to raise up their voice, and act for what they […]

Justice Freedom of Speech

With the popularity of the Internet, the network media has broken the limitation of the traditional media in the freedom of speech, and people can enjoy expressing opinions and spreading information. The infinity of the Internet brings many benefits to people, such as searching for information and watching videos. At the same time, the virtual nature of the network also brings hidden dangers for people, such as spreading false information, human flesh search, and so on. One of the reasons […]

Should Freedom of Speech be Limited

In this paper each author reflects their own moral opinion on hate speech shared with freedom of speech and the results from it containing negative content. There are several authors who discuss hate speech in considerations of freedom of speech. Despite strong objections I trust that society is obligated to protect its citizens and prevent any harm done in relation to hate speech under freedom of speech law. First, In “Freedom of Speech” David van Mill argues freedom of speech […]

Negative Side-Effects of Free Speech

Since the beginning of our country, one of our founding principles has been the right to express yourself through speech, media, or any other means of communication. For a long time those that founded our country were under the control of the British, and the lack of freedom to do and say what was on your mind was very constrained. With the American Revolution, we fought for the right to convey our beliefs without fear of another governing force taking […]

What is Freedom of Speech

Freedom of speech is the right of ones' right to express and communicate their ideas, opinion, and beliefs. As a result, nobody should fear being reprimanded, punished, or expurgated by society and perhaps the government at large. In most cases, it is done to attract mass attention from the community. It is entirely synonymous to seeking freedom of denied privileges such as an inappropriate distribution of public resources and side-lining of the minority among others. It is a universal right […]

Freedom of Speech in the United States

Freedom of speech has been protected in The United States by the First Amendment since 1791. For over 100 years, this right, though symbolically important, has sat dormant. However today, freedom of speech has been in the headlines due to its involvement in controversial topics surrounding the media, political correctness, and “hate speech”. Hateful beliefs and intolerance towards those with different characteristics exist throughout society and results in an environment of hate. Americans now have a hard choice to make […]

Internet Censorship Laws in Saudi Arabia

"The thought of not being able to express oneself through the internet without repercussions might seem implausible; however, it is an ongoing problem in countries like Saudi Arabia. Currently, Saudi Arabia holds a score of 73 out of 100 for its Internet Freedom Score, which sets it as “not free” (“Saudi Arabia Internet Score”). Citizens are prohibited from visiting and accessing many parts of the web due to governmental restrictions based on immoral and “radically” opinionated content. This limits their […]

On Freedom of Speech and Expression

Privacy is an essential right that every citizen of the United States is granted. Under the first amendment of the constitution rights such as freedom of press, speech, and privacy are protected. The first amendment separates the United States’ constitution from many other countries for a simple reason, the freedom of speech and expression. Freedom of speech and expression is the right to speak freely without fear of repercussion from the government simply because it doesn’t like the content of […]

Freedom of Speech Today

The citizens of the United States of America exercise their First Amendment right, freedom of speech in their day to day lives. Being able to voice their opinion and speak up for what they believe in is what gives our country its degree of autonomy. Having the freedom of speech is a blissful thing that people in other countries long for; such lack of censorship. Despite this freedom, it is not a free for all and has to be regulated […]

On Freedom of Speech in School

What is personal liberty? Liberty is being free to do whatever the individual may want to do without restrictions. This can include things such as freedom of speech and freedom of religion and the freedom to bear arms. Anyone living in the United States are actually guaranteed these rights, right from birth. We also live in a society where these rights are given, but are also restricted or limited to a certain extent. We live in a country where anything […]

First Amendment Freedom of Speech

The 2017 Berkeley protests organized by different groups including By Any Means Necessary (BAMN) were an abject violation of the freedom of speech as outlined in the First Amendment of the American constitution. The protests successfully stopped a speech by Milo Yiannopoulos, a controversial Breitbart editor and a self-declared Trump supporter. The protests turned violent and led to the destruction of the property thus posing significant harm to the society. In defending the protests, Yvette Felarca, BAMN’s spokesperson argued that […]

News and Democracy in Different Media Systems

Many decades ago, Siebert, Peterson, and Schramm (1959) posed a question related to the concepts of the press and its role in society, “Why is the press as it is? Why does it apparently serve different purposes and appear in widely different forms in different countries?” The answers to these questions led the authors to present the Authoritarian, the Soviet communist, the Libertarian, and the Social Responsibility models, which explain what the press should be and do in different countries. […]

Hatred under the Freedom of Speech

There is a thin line between an open expression of plain hatred and the expression of opinion. It is safe to assume that every person at some point of his or her life, either witnessed or experienced a bias from bigots based on race, nationality, sex, or other characteristics. People interpret “hate speech” differently; some compare it to the crime; others see it as practicing the First Amendment. Both groups can bring a lot of arguments to support their point […]

Gender Identity and Freedom of Speech

The views of professor of psychology, Jordan Peterson at the University of Toronto on the issue of gender identity and his beliefs, position and refusal to use gender-neutral pronouns has sparked debates. The arguments by the professor have arisen a lot of objective and subjective intuition on his stand that his freedom of speech and need to become politically correct cannot determine by use of pronouns. Discussions are presented in different articles by Ellen Brait, a staff reporter for the […]

Pros and Cons of Freedom of Speech

Freedom of speech stands tall in the vast expanse of human rights, often seen as the mighty guardian of democracy. Imagine a world where voices are muzzled, opinions censored, and thoughts shackled. Sounds dystopian, right? But pivot the lens and consider the flip side: a world where every whisper is amplified, hate finds as much space as love, and cacophony reigns. This is the double-edged nature of free speech. As we unravel this complex tapestry, we'll delve into the undeniably […]

Freedom of Speech Boundaries: Exploring Prior Restraint from a Free Speech Perspective

Freedom of speech, enshrined in countless legal traditions, remains a fundamental human right recognized globally. However, like all rights, it faces certain limitations, particularly when governments or legal bodies attempt to curb speech before it is expressed—a concept legally known as "prior restraint." This term, seemingly benign in its legalese, carries profound implications for the dynamics of free expression and the dissemination of information. At its core, prior restraint refers to government actions that prevent communication before it takes place. […]

Hate Speech Debate and Discussion

In the wake of technological advancement immorality in college campus have increased. For instance, parents are sending their girls in all-girls boarding schools, and they are coming home emotionally traumatized and with low self-esteem because of sexual abuse by the older same sex. Indeed, sexual harassment and discrimination have increased in schools which are stimulating hatred and school dropouts following the progress of technology in the community. Although the immoralities are punishable and illegal in the country, they have continually […]

1st Amendment and Congress

David Thuita I Amendment "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." The beginning of the second amendment finds its root in Athens, Greece during the 400s B.C., where free men were allowed to freely speak. Athen theaters, writings, and educational institutions all […]

Question of Womens Educational Rights

What if you were not allowed to have a voice and share what you think just because of your gender? How would that make you feel? Well, this is a common thing that happens in our country and across the world. That is why I am focusing on Women's Rights as my Exhibition topic. I want this to stop. Our class Central Idea is, "Global opportunities may create conflict between people and other living things." Our groups Central Idea had […]

Modern Day Censorship: Syria

How much do we value our freedom of speech as citizens of the United States of America? Would you risk your life to report news that might make an impact in the lives of many? Many countries around the world maintain very strict guidelines in what can be reported and broadcasted. In many countries this amount of strict censorship could even lead to you getting either tortured or killed. One modern day censored country would be the Middle Eastern country […]

Defining Censorship

Censorship is the restriction of speech, communication or other information. Censorship affects our society in different ways. Censorship is usually determined by the government or a private foundation. It influences the music we tune in to, news articles, films, and the books we read. Censorship is a widely debated topic, and can be either harmful or protective to a society. It is possible to argue that censorship has no place in a nation that focuses on freedom of expression, because […]

What does the Constitution Mean to Me? a Deep Dive into its Complex Tapestry

The Constitution - those words etched upon the pages of history, a beacon of governance transcending time and guiding nations. In my contemplation, I invite you to delve into the intricate corridors of this foundational document. Throughout this journey, we'll ponder its nuances and decipher the threads of thought it weaves across the tapestry of our society. As I traverse its provisions, I invite you to join me in solving the echoes of the Constitution's wisdom, as its words, like […]

A Comparison of Free Speech and Hate Speech in France, Citing Charlie Hebdo Shootings as the Biggest Threat to Free Speech this Year

The line between free speech and hate speech is constantly debated. When does one cross the line from expressing an opinion to openly encouraging hatred of a group? Ridiculing a belief system is protected under free speech, as long as one is not inciting hate or violence against the followers of that belief system. Free speech exists to allow us to openly express our beliefs and argue with others about theirs. France has, for a long time, separated church and […]

The Need for the Restrictions of Hate Speech in America

Recently, the Westboro Baptist Church has been quite often in the headlines. The Anti-Defamation League's website calls the church "a small virulently homophobic, anti-Semitic hate group" based in Topeka, Kansas ("About WBC"). Since 2005, Westboro has often picketed the funerals of homosexual soldiers with signs that say "God Hates Fags" or "Thank God for Dead Soldiers" ("Pickets inspire legislation and legal action"). This behavior is offensive to the grieving families, and many states have tried to enact legislation that limits […]

Countries that Ban Same-sex Intercourse is this a Violation of International Law?

Is against the law to murder a person based up on their sexual preference? Would you take away a Civil Liberty? This But is a question you should pounder as you read my paper. But we are going to look at the international aspect. There are many countries where same-sex intercourse and or marriage is against the law. Imagine this being your reality. Having to hide from your family and friend and pretend to be someone else. You wonder should […]

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How To Write an Essay About Freedom Of Speech

Understanding the concept of freedom of speech.

Before you start writing an essay about freedom of speech, it is important to understand what the concept entails. Freedom of speech, often considered a fundamental human right, is the ability to express one's opinions and ideas without fear of government retaliation or censorship. Begin your essay by defining freedom of speech and its importance in a democratic society. You might also want to explore its historical origins, how it has evolved over time, and how it is implemented in different countries. This foundational understanding sets the stage for a more in-depth exploration of the topic.

Developing a Thesis Statement

A compelling essay on freedom of speech should have a clear and concise thesis statement. This statement should present your unique perspective or argument about freedom of speech. For instance, you might argue that freedom of speech is essential for democracy, or that there should be limitations to freedom of speech to prevent hate speech and misinformation. Your thesis will guide the direction of your essay and provide a central argument for your readers to consider.

Gathering Supporting Evidence

To support your thesis, gather relevant evidence and examples. This might include legal cases, historical examples, current events, or academic research. For example, if you are discussing the limitations of freedom of speech, you might examine specific legal cases that demonstrate the consequences of unchecked speech. This evidence is crucial as it backs up your argument and provides a solid foundation for your essay.

Analyzing Different Perspectives

An essay about freedom of speech should also consider different perspectives and counterarguments. This could include examining arguments for and against limitations on speech, such as national security concerns, hate speech laws, or the right to protest. Discussing these different viewpoints shows a comprehensive understanding of the topic and can strengthen your argument by demonstrating that you have considered various angles.

Concluding Your Essay

Your conclusion should summarize the main points of your essay and restate your thesis in light of the evidence and discussion provided. It's an opportunity to emphasize the importance of freedom of speech and its impact on society. You might also want to highlight any areas where further research or discussion is needed, or the potential future challenges to freedom of speech.

Final Review and Editing

After writing your essay, review and edit it for clarity, coherence, and accuracy. Ensure that your arguments are well-structured and supported by evidence. Pay attention to grammar and syntax to ensure your writing is clear and professional. Seeking feedback from others can also provide new insights and help polish your essay. A well-written essay on freedom of speech not only reflects your understanding of the topic but also your ability to engage critically with complex societal issues.

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Home — Essay Samples — Social Issues — Freedom of Speech — The Significance of Freedom of Speech

The Significance of Freedom of Speech

• Categories: Freedom of Speech

About this sample

Words: 541 |

Published: Jan 29, 2024

Words: 541 | Page: 1 | 3 min read

Table of contents

Definition of freedom of speech, importance of freedom of speech, limitations on freedom of speech, controversial cases and debates, freedom of speech in the digital age, counterarguments and rebuttal.

• United Nations. "Universal Declaration of Human Rights." United Nations, 1948.
• Shapiro, David L. "Freedom of Speech: History , Ideas, and Legal Due Process." New York University Press, 2005.
• Matal, Michael (ed). "Freedom of Speech." Oxford University Press, 2017.

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Freedom of Speech Argumentative Essay

Does freedom of speech give people the right to use hate speech.

“What is freedom of expression? Without the freedom to offend, it ceases to exist”

Salman Rushdie.

The quote perfectly sums up the never-ending debate about freedom of speech and hate speech. It is a well-known fact that freedom of speech and expression belongs to the group of fundamental human rights of every person on this planet. Lately, we are witnessing the rising concerns about hate speech, is it protected by this basic human right or freedom of speech should have some limitations? Given the fact that every individual is allowed to express thoughts and beliefs, banning the negative comments would, in fact, deny his or her basic rights i.e. freedom of speech.

Freedom of speech reinforces all other human rights, thus allowing society to develop and progress at a constant rate. The ability to state our opinion and speak freely is pivotal for any change in society. Throughout the history, society evolved thanks to the individuals, great thinkers, brave leaders, who were not scared to express their beliefs. Back in time, those beliefs that were contrary to the typical “mindset” would be considered as hate, a hatred towards their way of life, culture, and tradition. The most reputable professors, experts, and campaigners only confirm that free speech has always been used to fight for change, for better times.

Besides reinforcement of other human rights, free speech is also essential due to the ability to hear others and be heard at the same time. We need to hear other people’s views as well as offering them our own opinions. Unfortunately, one of the fastest-growing problems of our society is that people rarely listen to others and acknowledge their takes on certain topics if they don’t agree with them. We should feel comfortable exchanging ideas and thoughts with those who have opposing views. Experts agree that way there would be less “hate speech” circling around.

We hear or read the term “hate speech” a lot, especially now with the easy internet access and a multitude of social media websites to join. It comes as no wonder why insulting comments and expressing negative ideas are considered a threat to the humanity. A lot of people are anti-Semitic, anti-Muslim, anti-gay marriage, and so on. Those who assume hate speech is not a freedom of speech, primarily, focus on the expression of a negative attitude towards certain people and ideas. However, if we start banning people from expressing their beliefs, then what comes next? After one thing, there always comes another and, eventually, the mankind would live in fear of saying anything. The reality is that the society has become oversensitive; everything one does not agree with is considered insulting and branded as hate.

Finally, freedom of speech is the most important human right that every individual has the right to exercise. This freedom comes with the ability to express one’s opinion, regardless of its nature good or bad. What our society needs today are not limitations of free speech, but making efforts to establish dialogues between people with conflicting beliefs. Listening and being heard will go a long way; that way we could build bridges instead of burning them.

https://www.news.cornell.edu/stories/2011/03/free-speech-central-democracy-rossi-says

https://www.indexoncensorship.org/2016/04/free-speech-important/

https://www.debate.org/opinions/does-freedom-of-speech-give-us-the-right-to-offend

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Student Opinion

Why Is Freedom of Speech an Important Right? When, if Ever, Can It Be Limited?

By Michael Gonchar

• Sept. 12, 2018

This extended Student Opinion question and a related lesson plan were created in partnership with the National Constitution Center in advance of Constitution Day on Sept. 17. For information about a cross-classroom “Constitutional Exchange,” see The Lauder Project .

One of the founding principles of the United States that Americans cherish is the right to freedom of speech. Enshrined in the First Amendment to the Constitution, freedom of speech grants all Americans the liberty to criticize the government and speak their minds without fear of being censored or persecuted.

Even though the concept of freedom of speech on its face seems quite simple, in reality there are complex lines that can be drawn around what kinds of speech are protected and in what setting.

The Supreme Court declared in the case Schenck v. United States in 1919 that individuals are not entitled to speech that presents a “clear and present danger” to society. For example, a person cannot falsely yell “fire” in a crowded theater because that speech doesn’t contribute to the range of ideas being discussed in society, yet the risk of someone getting injured is high. On the other hand, in Brandenburg v. Ohio in 1969, the court declared that even inflammatory speech, such as racist language by a leader of the Ku Klux Klan, should generally be protected unless it is likely to cause imminent violence.

While the text and principle of the First Amendment have stayed the same, the court’s interpretation has indeed changed over time . Judges, lawmakers and scholars continue to struggle with balancing strong speech protections with the necessity of maintaining a peaceful society.

What do you think? Why is the freedom of speech an important right? Why might it be important to protect even unpopular or hurtful speech? And yet, when might the government draw reasonable limits on speech, and why?

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Why Free Speech Is An Important Freedom Argumentative Essay

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Introduction

Freedom of speech is synonymous with freedom of expression. These two terms do not only explain the ability to speak or voice opinions without limitation or interference, but also the use of other means in communicating or impacting information.

This includes the use of expressions, music and art like painting, photography, and performing. In many countries, this freedom is provided for in as a basic freedom. Under the Universal Declaration of human rights in the United Nations there is a provision for this freedom. There are many genuine reasons why free speech is an important freedom.

Expressing oneself is a basic and important aspect of life and is also part of the basis for communication; it is more instinctive than learned. Throughout childhood and life, freedom of speech supports the learning of an individual through the acquisition of new views, ideas, concepts and theories in scientific, social and other fields of education.

One is able to participate in healthy debates and discussions, learn how to win and persuade in arguments and tolerate or even accept other people’s perceptions and ways of thinking. When an individual is able to express their ideas and opinions, it enables them to relate with others, participate in and enjoy interaction and bonding with other members of a group, team and community.

The main importance of speech learning and development is to facilitate expression and help an individual to live in harmony with other people in society, making sure that there needs are met and their rights, values and principles are not violated. Limiting or interfering with the freedom to speak and express oneself is a big violation of the basic rights of an individual and it restrains an individual from living a normal, productive and independent life.

Freedom of speech is an important aspect of social life in a civilized and democratic society. It enables people to make decisions on their rulers, systems of development and administration and initiate debates and discussions on important issues that concern public policy and governance.

People can voice their concerns over any problems or issues on accountability, responsibility and transparency of leadership. Freedom of speech is essential in the maintaining of law and order and making sure that there are checks and balances on individuals or groups which violate the law.

Although there has been debate on the justification of freedom of speech, it is important to realize that society cannot develop or advance when imparting of and access to information is impeded. In some instances privacy, control and protection of information is required but this does not mean that information should be completely barred from the public.

Freedom of expression is also important where social and cultural issues are concerned. When people are at liberty to express their opinions on critical issues concerning social values, norms and standards, social harmony and order is achieved.

In order to facilitate effective change which is inevitable, sensitive Issues concerning social life, like abortion, aesthesia, divorce, parenting, marriage etc. should be open to debate whether there is consensus or not. It is obviously clear that not all forms and means of freedom of expression that supported and defended but in order to prevent social tension and chaos people should be free to speak.

There are many reasons why free speech is an important freedom. Most societies agree that there should be clearly set guarantees on protecting and defending of this freedom without very little limitation except when it is very necessary and there has been general consensus on taking action against disbursement of information.

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IvyPanda. (2018, September 12). Why Free Speech Is An Important Freedom. https://ivypanda.com/essays/why-free-speech-is-an-important-freedom/

"Why Free Speech Is An Important Freedom." IvyPanda , 12 Sept. 2018, ivypanda.com/essays/why-free-speech-is-an-important-freedom/.

IvyPanda . (2018) 'Why Free Speech Is An Important Freedom'. 12 September.

IvyPanda . 2018. "Why Free Speech Is An Important Freedom." September 12, 2018. https://ivypanda.com/essays/why-free-speech-is-an-important-freedom/.

1. IvyPanda . "Why Free Speech Is An Important Freedom." September 12, 2018. https://ivypanda.com/essays/why-free-speech-is-an-important-freedom/.

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IvyPanda . "Why Free Speech Is An Important Freedom." September 12, 2018. https://ivypanda.com/essays/why-free-speech-is-an-important-freedom/.

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107 Freedom of Speech Essay Topic Ideas & Examples

Inside This Article

Freedom of speech is a fundamental right that is enshrined in many democratic societies around the world. It allows individuals to express their opinions, beliefs, and ideas without fear of censorship or retaliation. However, with this freedom comes great responsibility. In order to ensure that freedom of speech is protected and preserved, it is important to engage in thoughtful and respectful discourse.

To help spark ideas for essays on freedom of speech, here are 107 topic ideas and examples to consider:

• The importance of freedom of speech in a democratic society
• The role of social media in shaping contemporary debates on freedom of speech
• The limits of freedom of speech in cases of hate speech
• The impact of political correctness on freedom of speech
• The role of universities in protecting freedom of speech on campus
• The tension between freedom of speech and national security concerns
• The relationship between freedom of speech and freedom of the press
• The impact of cancel culture on freedom of speech
• The role of technology in expanding the reach of freedom of speech
• The history of freedom of speech in the United States
• The role of the Supreme Court in defining the boundaries of freedom of speech
• The impact of social movements on expanding freedom of speech rights
• The relationship between freedom of speech and intellectual diversity
• The role of satire in challenging societal norms and promoting freedom of speech
• The impact of laws restricting freedom of speech in authoritarian regimes
• The role of public opinion in shaping debates on freedom of speech
• The impact of hate speech laws on freedom of speech
• The relationship between freedom of speech and artistic expression
• The role of whistleblowers in challenging government censorship and promoting freedom of speech
• The impact of corporate censorship on freedom of speech
• The relationship between freedom of speech and academic freedom
• The impact of online harassment on freedom of speech
• The role of the media in promoting freedom of speech
• The impact of government surveillance on freedom of speech
• The relationship between freedom of speech and privacy rights
• The impact of social media algorithms on freedom of speech
• The role of public protests in advocating for freedom of speech rights
• The impact of defamation laws on freedom of speech
• The relationship between freedom of speech and religious freedom
• The role of international organizations in promoting freedom of speech rights
• The impact of corporate influence on freedom of speech
• The role of whistleblowers in challenging

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What Is Freedom of Speech and Why Is It Important?

By: Henrique Bertulino

As part of American history and the United States constitution, people live in a diverse society in which people have the right to speech and express their opinions in their own way. Many human beings believe that people should have the freedom of speech without any restrictions, including hate speech, but others believe differently. Some people feel that freedom of speech just protects speaking, while others feel that it also covers art, literature, and other forms of expression.

Freedom of Speech Essay Topic Ideas

Essay example: social distancing is important during the coronavirus pandemic, it supports the title, it’s written in standard english, it exudes authority, it has too much information included, it’s using redundant information, it’s not written in a simple language, sources of information.

Many of the 1689 Bill of Rights provisions were ultimately included in the First Amendment Right. The Declaration of Independence is a part of it. The US Constitution, which contains several amendments known as the Bill of Rights, is the highest legislation in Congress. According to the Supreme Court, the Bill of Rights ensures that the federal government can never deprive American citizens in the United States of America of their fundamental rights, such as freedom of the press, freedom of religion, free expression, and due process of law. Americans also have basic rights and extra civil rights under several federal and state laws.

The American constitution interprets freedom of expression as the definition of freedom, tending to play a massive role for the students and social media as it allows different points of view in both education and politics. Some students believe that we are free to speak whatever we want, regardless of how contentious it may be. Students can broaden their perspectives on a subject by having the opportunity to share their thoughts.

• How Slavery Affects Personal Freedom
• The Benefits and Disadvantages of Unlimited Freedom
• Freedom and Equality in North Korea
• Controversies over Freedom of Speech and Internet Postings
• Gender and the Black Americans Freedom Movement
• Modern Racism Against African Americans
• Human Freedom During the Civil War
• How the Law Limits Academic Freedom?
• Speech Rights and the Modern Media
• The Real Meaning of Redress of Grievances or Right to Petition
• Open Government and Coronavirus
• The Universal Declaration of Human Rights Needs Amendments
• Covid-19 and Human Rights
• Freedom of Expression and the Right to Education

Coronavirus is one of the most severe crises that our country and the whole nation are now experiencing. Since the start of this global pandemic, many lives have been taken away. Not only the lives of those who have been afflicted but also the living circumstances and economic position of our economy.

Beyond the urgent and challenging work at hand, the topic of how to reopen our society in the aftermath of the epidemic produced by the new coronavirus raises significant difficulties for social researchers.

As the worldwide epidemic continues to spread, we must safeguard ourselves and others around us by considering what measures we should take now that we are living in a new normal.

Wearing a face mask is one of the main lessons for preventing the transmission of coronavirus, and it should be accompanied by physical distance and hand cleanliness. Most people think about these things, but when the economy slowly reopened and individuals move around for a livelihood, they tend to overlook the relevance of social distance.

What is social distancing? Keeping a secure barrier between oneself and others who aren't from your home is known as social distance, sometimes known as "physical distancing." To practice social or physical distancing in both indoor and outdoor places, keep a distance of at least 6 feet (approximately two arm lengths) from anyone who isn't a member of your family.

Why practice social distancing? COVID-19 is disseminated mostly among persons who are in close proximity (within 6 feet) over an extended length of time. Droplets from an infected person's mouth or nose fly into the air and land in the mouths or noses of those who are nearby when they sneeze, cough, or talk. Because individuals can spread the virus before they even realize they're sick, it's vital to keep at least 6 feet away from others at all times, even if you - or they - don't show any symptoms. For persons who are at a higher risk of severe disease from COVID-19, social separation is very crucial.

Many people's personal circumstances or conditions make social distance difficult to practice in order to avoid the development of COVID-19. Still, people should also know that essential practices today have a significant effect on our society and the future.

Essay Analysis

Why is it a good essay?

An excellent essay is a piece of writing intended to convince or educate the audience about the subject. Each paragraph essay should include a different core concept or topic sentence. An essay or paper that is properly organized should flow smoothly and support the topic together. This way, the reader will be able to understand your point of view better.

The sample essay did just that, even providing various information in support of the subject.

The essay generally correctly uses English. It has complete and comprehensible sentences. It also followed the basic structure of introduction, body, and conclusion.

If you're not confident with your English usage, there are many online sources like Studybay that can assist you in your essay writing . There is no need to stress over your assignments anymore.

One way to make your readers interested in how the essay will flow is to infuse authoritarianism. It doesn't mean that you should be using aggressive words. It only means that your points are specific and undeniable.

The writer presented facts on why social distancing is important. These facts are irrefutable because legal institutions already disseminate the same information with research backing their claims.

What parts need improvements?

Instead of talking about the obvious effects of the pandemic, the writer could have focused more on why they support social distancing. As a freedom of speech essay, they could have talked about their whys without hindrances, even persuading the reader to open an argument or side with their point of view.

How to avoid: Make a draft before writing your essay. Write down points you want to include, and make sure that they all support your topic. You can also take into consideration counterarguments and answer them in the essay. In writing an essay, the more information, the more confusing it’ll be. So only take what you need and use them appropriately.

For example, there are better ways than to keep repeating “within 6 feet,” it may even be better to remove it completely so there will be more space for other information. An essay should be compact yet filled with important information.

How to avoid: Use synonyms or altogether remove the repeating information in exchange for a new one that also supports your topic of free speech.

Especially if you expect your readers to be the general population, who are not experts in any field, using simple language is the best. This way, your essay won't be confusing, and your essay's ideas won't be lost in a sea of words. You might think that using complex and complicated words may make you look smart, but in reality, it will only make your paper look superficial.

How to avoid: Explain your points in the simplest way possible. Take into account who your readers will be and pretend to be them. To see if it's simple enough, read through the sections of your essay. If you understand it with just one read, then you’re good to go. You can also ask your friends to read your essay and ask them for inputs.

There are many sources of information that you can find offline and online. However, you need to be careful about what you pick, as your essay's arguments will depend on their relevance.

When searching online, look for credible sites such as official government pages, quality journals, and credible news sources. Here are some trusted online sources you can use, no matter what your subject is:

• Science.gov
• Encyclopedia Britannica
• Oxford Academics
• The New York Times
• Foreign Affairs
• Smithsonian Magazine
• National Bureau of Economic Research
• The Economist

Without national security, we are all responsible for our own words and deeds, and what we do may have a significant impact on others. As we interact in this ever-changing society, whatever culture or race we belong in, we must accept everyone's distinct cultures and beliefs. We may as well safeguard the harmony that binds us all by having respect for each other.

In writing your freedom of speech essay, we must be clear about why someone's safety is more significant than free expression and why a boundary must be drawn. The inability of censorship across lines of communication such as the Internet may lead to tolerance of free expression, although this is not assured.

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Thank you for a good information on freedom of speech. It's an important and relevant topic and there is a lot unpack in an argumentative essay of sorts.

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Table of contents, free speech essay contest.

The Details

The contest may return in 2024. Check back for updates.

Eligibility

Open to juniors and seniors in U.S. high schools, including home-schooled students, as well as U.S. citizens attending high school overseas. Additional questions regarding eligibility may be emailed to [email protected] .

Word Length

Students must submit an essay between 700 and 900 words on the provided topic below.

FIRE must receive all entries by 11:59 EST, December 31, 2021. Winners will be announced by February 15, 2022.

Scholarship Prizes

One $10,000 first prize, one $5,000 second prize, three $1,000 third place prizes and four $500 prizes will be awarded.

Before You Start

Get to know us! The mission of FIRE is to defend and sustain individual rights at America’s colleges and universities. These rights include freedom of speech , legal equality, due process, religious liberty, and sanctity of conscience—the essential qualities of individual liberty and dignity. In addition to defending the rights of students and faculty, FIRE works to educate students and the general public on the necessity of free speech and its importance to a thriving democratic society.

The freedom of speech, enshrined in the First Amendment to the Constitution, is a foundational American right. Nowhere is that right more important than on our college campuses, where the free flow of ideas and the clash of opposing views advance knowledge and promote human progress. It is on our college campuses, however, where some of the most serious violations of free speech occur, and where students are regularly censored simply because their expression might offend others.

We also encourage you to take advantage of our other educational resources , including our First Amendment Library , our continually-updated Newsdesk , our K-12 Video Library , and our many publications , including our Guide to Free Speech on Campus.

In a persuasive letter or essay, convince your peers that free speech is a better idea than censorship.

Your letter or essay must be between 700-900 words. We encourage you to draw from current events, historical examples, our free speech comic , other resources on FIRE’s website , and/or your own personal experiences.

Note: While there is no required format for your submission, many entrants use MLA guidelines. Successful entries will show an understanding of the importance of free speech and the pitfalls of censorship. You may use in-text citations, and do not need to include a References or Works Cited page. Essays that do not address the prompt question or fail to meet the word-count requirements will not be considered. View the essays of some of our past winners here !

Entering this essay contest constitutes agreement to having your name and essay published on FIRE's website if you are selected as a winner. FIRE reserves the right to make minor edits to winning essays before publication on our website.

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Messy but Essential

By  Ana Mari Cauce

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Over the past year or two, issues surrounding the exercise of free speech and expression have come to the forefront at colleges around the country. The common narrative about free speech issues that we so often read goes something like this: today’s college students -- overprotected and coddled by parents, poorly educated in high school and exposed to primarily left-leaning faculty -- have become soft “snowflakes” who are easily offended by mere words and the slightest of insults, unable or unwilling to tolerate opinions that veer away from some politically correct orthodoxy and unable to engage in hard-hitting debate.

This is false in so many ways, and even insulting when you consider the reality of students’ experiences today.

In truth, while there is significant cause for concern about the level of anxiety experienced by students today, they are, on average, probably the least coddled generation of students ever. For example, at the University of Washington, where I serve as president, 34 percent of our students are the first in their families to attend college and about a third of our in-state students are Pell eligible, which in general means they come from families making less than $40,000 a year. College students today are also more ethnically diverse than at any other time in the past.

By contrast, college used to be something for mainly upper-class white men, with coeducation by gender or class not becoming common among the top universities until the ’60s or ’70s. Universities’ curricula and even buildings were designed for them. I lived at home when I attended the University of Miami, so my first college living experience was when I went to Yale University for graduate school. My hall featured a small bedroom attached to each larger bedroom suite with a fireplace and window seat. Those small rooms had been built for the valets that many students brought to college with them. Talk about coddled!

And indeed, students of that generation rarely had their tolerance or opinions tested by difference, because their life was almost entirely lived out within a homogeneous environment of eating clubs, secret societies and fraternities -- the original “safe spaces” where students did not need to deal with true socioeconomic diversity, and with that, diversity more generally.

Moreover, for today’s college student, the pressure to succeed is great because the cost of failure -- perceived and actual -- is much higher. “Gentlemen’s C’s” from a “good” college no longer automatically lead to a high-paying job in the financial sector.

There is, no doubt, some orthodoxy of perspectives when it comes to social mores, and it is no longer acceptable for students to openly speak in a manner that is frankly sexist, racist or homophobic. In more recent years, that orthodoxy has also unfortunately spilled over to target conservative political views more generally, which is something we must work harder to address. But far from being an “echo chamber,” college is often the most diverse place -- racially, politically, economically -- many students have or will ever encounter. They routinely navigate a world of differences that was uncommon, if not unheard-of, for college students of yore.

Debate, Discussion and Disruption

Universities are by their very nature places for discussion and debate of controversial issues. These debates are absolutely crucial to the educational experience and for developing citizens prepared to engage with democracy. We want our students to be able to analyze an argument and to be prepared to make their own. Critical analysis and the ability to think for oneself are and should be hallmarks of a college education.

The purpose of debate and analysis is to generate light, not merely heat. Many people with a wide range of viewpoints come to our campuses and do just that. And even more often, students are exposed to multiple, divergent viewpoints on topics of current and timeless interest in class discussions, in books and articles, on class-related chat rooms and message boards, and in coffee shops and residence halls. Such passionate, reasoned debates where the goal is to win on the force of ideas, not by suppressing or drowning out opponents -- when there even are opponents (not everything has to be an argument) -- commonly occur.

On our campus, we’ve debated topics as far ranging as whether or when divestment is an effective strategy to reduce our dependence on fossil fuels, the role of animals in research, whether or not we should be a sanctuary campus, the dangers (or not) of GMOs, and the role of affirmative action (which is not allowed by Washington state law for admission of students or hiring of faculty and staff members). I applaud those discussions and all who organize them. They are vital to a vibrant university and a healthy democracy, and we should encourage them.

The polarization of recent years has made such debates more difficult on topics that have become politicized, such as those related to race, gender or immigration status. But that is not a problem unique to college students. We have to look long and hard to find good examples of tough, incisive yet civil discourse across differences on such topics. It’s certainly not something we often see on TV, in social media or in the national political arena.

Given the broader social and political climate, it should come as no surprise then that students and members of our community can falter when they try to have healthy debates on some topics, whether inside or outside the classroom. Engagement in honest, direct dialogue across important differences is rare indeed, but it’s simply not fair to blame this generation of youth for the fact it seldom happens. Additionally, something often missed whenever there’s coverage of a “speech shouted down on campus” is that those doing the shouting are often not students, faculty or staff members, but organized groups from outside the academy.

Compassion and Confusion

Today’s college students, like those of generations before them, have their own signature style born of their distinct experiences. They have grown up with a much greater appreciation for the real injury that sexism, racism, homophobia, transphobia and other forms of bigotry can inflict on others. They were taught, at home and in school, to not tolerate bullies and to report them to authorities. Colleges like ours have student conduct codes that explicitly prohibit abuse of others, including harassment, bullying and discrimination. So it is confusing to many students that speakers can come to campuses and engage in behaviors that students themselves would be disciplined for. And, beyond the confusion, they recognize that some people on the college tour circuit do act like bullies, at times going so far as to personally attack individual students in the audience. Standing up to them, even to the point of shutting down debate, seems like the right and compassionate thing to do for many students, particularly when these speakers come to campuses where students not only study and work but also live.

I strongly disagree with the intentional shutting down of debate. There is a critical reason for including the right to free speech and expression in the very first amendment to our Constitution. I do not question its primacy. But I don’t believe that the “anything goes” (short of violence) type of free speech is necessary in order to fulfill our academic mission of teaching our students how to engage in critical analysis and think for themselves.

It should be abundantly clear that, in recent years, we have seen some speakers come to campuses not seeking to discuss difficult topics but instead seeking to create a spectacle to advance their fame and agenda -- whether that is selling books or peddling a hateful ideology. Let us not perpetuate the notion that some of those speakers have something to teach us or our students and that their talks constitute learning moments. Their rancorous approach, and usually their content as well, is clearly intended to provoke a reaction, not produce understanding. They seek to produce heat, not light. They are using colleges as their stages and setting us up as their foils. Indeed, being blocked from speaking is often seen by them as a victory in their efforts to portray themselves as free speech martyrs. This, of course, is a phony honor, since many of their followers try to silence others through doxing and other intimidation, with rarely a word of condemnation from the supposed heroes of free expression.

Free Speech and Democracy

So why do we allow those who intentionally seek to generate heat, not light, to speak at a university? Their messages often go against the very values of our institutions, and besides, what they have to say is readily available online.

If it is a public university, the answer starts with the First Amendment and subsequent laws and court rulings. Collectively they establish that public institutions cannot discriminate based on the viewpoints expressed, no matter how repugnant. We can establish reasonable time, manner and place restrictions and act to protect public safety, but by law we cannot do so based on the viewpoint of a speaker.

But, for me, it also goes beyond the legal obligation. Speech by people we strenuously disagree with, and that is in fact hateful and repugnant, is the price we pay for democracy and to ensure our own freedom of speech. When we give the government the power to become the arbiter of what views are acceptable, then we have taken a step toward authoritarianism. There is no agreed-upon definition of what speech is hateful; I’m reminded of the young man who stood in the heart of the UW campus with a sign saying “Abortion Is a Hate Crime.” And, indeed, as we’ve seen in recent months, some believe that the simple act of kneeling while the national anthem is played is a sign of disrespect for our country and should be banned.

My position also comes from a personal understanding of the lengths to which some will go to suppress speech they disagree with, especially when it challenges the status quo. If a self-appointed group is able to use intimidation or violence to decide what speech is acceptable -- no matter if they are well intentioned or even if we share their opinions -- then we’ve taken a step toward a society where “might makes right.”

Moving Forward

So how do we go forward? I don’t pretend to have all the answers, but since I am an educator it might not be surprising that the first thing I’d suggest is more education.

We’ve seen great emphasis on the STEM disciplines, and given their importance to our modern, technological economy, rightfully so. But there has been too little emphasis placed on civic education. That leaves students -- and far, far too many in our society -- unable to answer basic questions like, “What institutions must follow the First Amendment?” and “Why does it protect hate speech?” -- let alone to have the historical understanding of past times when free speech was cast aside to silence everyone from protesters against World War I to marchers for civil rights. STEM education is vital for a healthy economy. Comprehensive civics education is vital for a healthy democracy. Our students need to understand their rights are worth protecting -- and to recognize the difference between speakers encouraging true discourse and those seeking self-promotion.

Learning to recognize that difference starts with academic rigor. Faculty are trained to teach students how to investigate subjects -- from chemistry to political science -- with strong methodologies that question assumptions, rely on evidence, evaluate sources and equip students to assess the credibility of information and the person delivering it. Here at the UW, we even offer a course specifically designed to give students the tools to evaluate information based on evidence, aptly named Calling Bullshit in the Age of Big Data .

Second, when there is a controversial speaker, we must find ways to add light to the discussion -- or, at the very least, not contribute to the heat. Shutting down speakers elevates their message and frees them from having their ideas scrutinized. And frankly, violence and mayhem only strengthen authoritarian movements. There are many, many ways to stand in opposition to a person you disagree with. As educators, we have a role in encouraging students to do so in such a way that rights are respected.

To accomplish that goal, our communities can and should engage in counterprogramming, creating alternative events and gathering spaces, signaling to students that while everyone has the right to speak, our communities can come together in rejecting hateful messages. We recently saw the power of this approach at the University of Florida , where love clearly won out over hate.

As leaders, we have the power of the bully pulpit to condemn offensive ideas even when we must also defend a speaker’s right to express them. What we must not do is stand silent -- the very reason we defend someone else’s right to speak is because we must treasure and exercise our own. And as educators, we have the opportunity to teach the next generation of leaders and citizens that more speech -- and more understanding -- are the tools with which to preserve and defend their rights.

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Freedom of Speech

By: History.com Editors

Updated: July 27, 2023 | Original: December 4, 2017

Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech are—and aren’t—protected under U.S. law.

The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word “parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek literature around the end of the fifth century B.C.

During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings.

First Amendment

In the United States, the First Amendment protects freedom of speech.

The First Amendment was adopted on December 15, 1791 as part of the Bill of Rights—the first ten amendments to the United States Constitution . The Bill of Rights provides constitutional protection for certain individual liberties, including freedoms of speech, assembly and worship.

The First Amendment doesn’t specify what exactly is meant by freedom of speech. Defining what types of speech should and shouldn’t be protected by law has fallen largely to the courts.

In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship.

It protects all forms of communication, from speeches to art and other media.

Flag Burning

While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.

Flag burning is an example of symbolic speech that is protected under the First Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the Reagan administration.

The U.S. Supreme Court , in 1990, reversed a Texas court’s conviction that Johnson broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.

When Isn’t Speech Protected?

Not all speech is protected under the First Amendment.

Forms of speech that aren’t protected include:

• Obscene material such as child pornography
• Plagiarism of copyrighted material
• Defamation (libel and slander)
• True threats

Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either.

The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the United States entered into World War I . The law prohibited interference in military operations or recruitment.

Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating the “clear and present danger” standard, explaining when the government is allowed to limit free speech. In this case, they viewed draft resistant as dangerous to national security.

American labor leader and Socialist Party activist Eugene Debs also was arrested under the Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs argued that he was exercising his right to free speech and that the Espionage Act of 1917 was unconstitutional. In Debs v. United States the U.S. Supreme Court upheld the constitutionality of the Espionage Act.

Freedom of Expression

The Supreme Court has interpreted artistic freedom broadly as a form of free speech.

In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm. Shouting “fire!” in a crowded theater and causing a stampede would be an example of direct and imminent harm.

In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle called “content neutrality.” Content neutrality means the government can’t censor or restrict expression just because some segment of the population finds the content offensive.

Free Speech in Schools

In 1965, students at a public high school in Des Moines, Iowa , organized a silent protest against the Vietnam War by wearing black armbands to protest the fighting. The students were suspended from school. The principal argued that the armbands were a distraction and could possibly lead to danger for the students.

The Supreme Court didn’t bite—they ruled in favor of the students’ right to wear the armbands as a form of free speech in Tinker v. Des Moines Independent School District . The case set the standard for free speech in schools. However, First Amendment rights typically don’t apply in private schools.

What does free speech mean?; United States Courts . Tinker v. Des Moines; United States Courts . Freedom of expression in the arts and entertainment; ACLU .

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Freedom of Speech

This entry explores the topic of free speech. It starts with a general discussion of freedom in relation to speech and then moves on to examine one of the first, and best, defenses of free speech based on the harm principle. This provides a useful starting point for further digressions on the subject. The discussion moves on from the harm principle to assess the argument that speech can be limited because it causes offense rather than direct harm. I then examine arguments that suggest speech can be limited for reasons of democratic equality. I finish with an examination of paternalistic and moralistic reasons against protecting speech, and a reassessment of the harm principle.

1. Introduction: Boundaries of the Debate

2.1 john stuart mill's harm principle, 2.2 mill's harm principle and pornography, 2.3 mill's harm principle and hate speech, 3.1 joel feinberg's offense principle, 3.2 pornography and the offense principle, 3.3 hate speech and the offense principle, 4.1 democratic citizenship and pornography, 4.2 democratic citizenship and hate speech, 4.3 paternalistic justification for limiting speech, 5. back to the harm principle, 6. conclusion, bibliography, other internet resources, related entries.

The topic of free speech is one of the most contentious issues in liberal societies. If the liberty to express oneself is not highly valued, as has often been the case, there is no problem: freedom of expression is simply curtailed in favor of other values. Free speech becomes a volatile issue when it is highly valued because only then do the limitations placed upon it become controversial. The first thing to note in any sensible discussion of freedom of speech is that it will have to be limited. Every society places some limits on the exercise of speech because speech always takes place within a context of competing values. In this sense, Stanley Fish is correct when he says that there is no such thing as free speech. Free speech is simply a useful term to focus our attention on a particular form of human interaction and the phrase is not meant to suggest that speech should never be interfered with. As Fish puts it, “free speech in short, is not an independent value but a political prize” (1994,102). No society has yet existed where speech has not been limited to some extent. As John Stuart Mill argued in On Liberty , a struggle always takes place between the competing demands of liberty and authority, and we cannot have the latter without the former:

All that makes existence valuable to anyone depends on the enforcement of restraints upon the actions of other people. Some rules of conduct, therefore, must be imposed—by law in the first place, and by opinion on many things which are not fit subjects for the operation of law. (1978, 5)

The task, therefore, is not to argue for an unlimited domain of free speech; such a concept cannot be defended. Instead, we need to decide how much value we place on speech in relation to the value we place on other important ideals: “speech, in short, is never a value in and of itself but is always produced within the precincts of some assumed conception of the good” (Fish, 1994, 104). In this essay, we will examine some conceptions of the good that are deemed to be acceptable limitations on speech. We will start with the harm principle and then move on to other more encompassing arguments for limiting speech.

Before we do this, however, the reader might wish to disagree with the above claims and warn of the dangers of the “slippery slope.” Those who support the slippery slope argument warn that the consequence of limiting speech is the inevitable slide into censorship and tyranny. Such arguments assume that we can be on or off the slope. In fact, no such choice exists: we are necessarily on the slope whether we like it or not, and the task is always to decide how far up or down we choose to go, not whether we should step off the slope altogether. It is worth noting that the slippery slope argument can be used to make the opposite point; one could argue with equal force that we should never allow any removal of government intervention because once we do we are on the slippery slope to anarchy, the state of nature, and a life that Hobbes described in Leviathan as “solitary, poore, nasty, brutish, and short” (1968, 186).

Another thing to note before we engage with the harm principle is that we are in fact free to speak as we like. Hence, freedom of speech differs from some other forms of freedom of action. If the government wants to prevent citizens engaging in certain actions, riding motor bikes for example, it can limit their freedom to do so by making sure that such vehicles are no longer available. For example, current bikes could be destroyed and a ban can be placed on future imports. Freedom of speech is a different case. A government cannot make it impossible to say certain things. The only thing it can do is punish people after they have said, written or published their thoughts. This means that we are free to speak or write in a way that we are not free to ride outlawed motorbikes. This is an important point; if we insist that legal prohibitions remove freedom then we have to hold the incoherent position that a person was unfree at the very moment she performed an action. The government would have to remove our vocal chords for us to be unfree in the same way as the motorcyclist is unfree.

A more persuasive analysis of freedom of speech suggests that the threat of a sanction makes it more difficult and potentially more costly to exercise our freedom. Such sanctions take two major forms. The first, and most serious, is legal punishment by the state, which usually consists of a financial penalty, but can stretch occasionally to imprisonment. The second threat of sanction comes from social disapprobation. People will often refrain from making public statements because they fear the ridicule and moral outrage of others. For example, one could expect a fair amount of these things if one made racist comments during a public lecture at a university. Usually it is the first type of sanction that catches our attention but, as we will see, John Stuart Mill provides a strong warning about the chilling effect of the latter form of social control.

We seem to have reached a paradoxical position. I started by claiming that there can be no such thing as a pure form of free speech: now I seem to be arguing that we are, in fact, free to say anything we like. The paradox is resolved by thinking of free speech in the following terms. I am, indeed, free to say what I like, but the state and other individuals can sometimes make that freedom more or less costly to exercise. This leads to the conclusion that we can attempt to regulate speech, but we cannot prevent it if a person is undeterred by the threat of sanction. The issue, therefore, boils down to assessing how cumbersome we wish to make it for people to say certain things. The best way to resolve the problem is to ignore the question of whether or not it is legitimate to attach penalties to some forms of speech. I have already suggested that all societies do (correctly) place some limits on free speech. If the reader doubts this, it might be worth reconsidering what life would be like with no prohibitions on libelous statements, child pornography, advertising content, and releasing state secrets. The list could go on. The real problem we face is deciding where to place the limits, and the next sections of the essay look at some possible solutions to this puzzle.

2. The Harm Principle and Free Speech

Given that Mill presented one of the first, and still perhaps the most famous liberal defense of free speech, I will focus on his claims in this essay and use them as a springboard for a more general discussion of free expression. In the footnote at the beginning of Chapter II of On Liberty , Mill makes a very bold statement:

If the arguments of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered. (1978, 15)

This is a very strong defense of free speech; Mill tells us that any doctrine should be allowed the light of day no matter how immoral it may seem to everyone else. And Mill does mean everyone:

If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind. (1978, 16)

Such liberty should exist with every subject matter so that we have “absolute freedom of opinion and sentiment on all subjects, practical or speculative, scientific, moral or theological” (1978, 11). Mill claims that the fullest liberty of expression is required to push our arguments to their logical limits, rather than the limits of social embarrassment. Such liberty of expression is necessary, he suggests, for the dignity of persons.

This is as strong an argument for freedom of speech as we are likely to find. But as I already noted above, Mill also suggests that we need some rules of conduct to regulate the actions of members of a political community. The limitation he places on free expression is “one very simple principle,” now usually referred to as the Harm Principle, which states that

the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. (1978, 9)

There is a great deal of debate about what Mill had in mind when he referred to harm; for the purposes of this essay he will be taken to mean that an action has to directly and in the first instance invade the rights of a person (Mill himself uses the term rights, despite basing the arguments in the book on the principle of utility). The limits on free speech will be very narrow because it is difficult to support the claim that most speech causes harm to the rights of others. This is the position staked out by Mill in the first two chapters of On Liberty and it is a good starting point for a discussion of free speech because it is hard to imagine a more liberal position. Liberals find it very difficult to defend free speech once it can be demonstrated that its practice does actually invade the rights of others.

If we accept the argument based on the harm principle we need to ask “what types of speech, if any, cause harm?” Once we can answer this question, we have found the appropriate limits to free expression. The example Mill uses is in reference to corn dealers; he suggests that it is acceptable to claim that corn dealers starve the poor if such a view is expressed through the medium of the printed page. It is not acceptable to express the same view to an angry mob, ready to explode, that has gathered outside the house of the corn dealer. The difference between the two is that the latter is an expression “such as to constitute…a positive instigation to some mischievous act,” (1978, 53), namely, to place the rights, and possibly the life, of the corn dealer in danger. As Daniel Jacobson (2000) notes, it is important to remember that Mill will not sanction limits to free speech simply because someone is harmed by the statements of others. For example, the corn dealer may suffer severe financial hardship if he is accused of starving the poor. Mill distinguishes between legitimate and illegitimate harm, and it is only when speech causes a direct and clear violation of rights that it can be limited. The fact that Mill does not count accusations of starving the poor as causing legitimate harm to the rights of corn dealers suggests he wished to apply the harm principle sparingly. Other examples where the harm principle may apply include libel laws, blackmail, advertising blatant untruths about commercial products, advertising dangerous products to children (e.g. cigarettes), and securing truth in contracts. In most of these cases, it is possible to make an argument that harm has been committed and that rights have been violated.

There are other instances when the harm principle has been invoked but where it is more difficult to demonstrate that rights have been violated. Perhaps the most obvious example of this is the debate over pornography. As Feinberg notes in Offense to Others: the Moral Limits of the Criminal Law most attacks on pornography up to the 1970's were from social conservatives who found such material to be immoral and obscene; (Feinberg notes that there is no necessary link between pornography and obscenity; pornography is material that is intended to cause sexual arousal, whereas something is obscene when it causes repugnance, revulsion and shock. Pornography can be, but is not necessarily, obscene). In recent times the cause against pornography has been joined by some feminists who have maintained that pornography degrades, endangers, and harms the lives of women. This argument, to have force, must distinguish between pornography as a general class of material (aimed at sexual arousal) and pornography that causes harm by depicting acts that violently abuse women. If it can be demonstrated that this latter material significantly increases the risk that men will commit acts of physical violence against women, the harm principle can legitimately be invoked.

When pornography involves young children, most people will accept that it should be prohibited because of the harm that is being done to persons under the age of consent. It has proved much more difficult to make the same claim for consenting adults. It is hard to show that the actual people who appear in the books, magazines, films, videos and on the internet are being physically harmed, and it is even more difficult to demonstrate that harm results for women as a whole. Very few people would deny that violence against women is abhorrent and an all too common feature of our society, but how much of this is caused by violent pornography? One would have to show that a person who would not otherwise rape or batter females was caused to do so through exposure to material depicting violence to women.

Andrea Dworkin (1981) has attempted to show that harm is caused to women by pornography, but it has proven very difficult to draw a conclusive causal relationship. If pornographers were exhorting their readers to commit violence and rape, the case for prohibition would be much stronger, but they tend not to do this, just as films that depict murder do not actively incite the audience to mimic what they see on the screen. Remember that Mill's formulation of the harm principle suggests only speech that directly harms the rights of others in an illegitimate manner should be banned; finding such material offensive, obscene or outrageous is not sufficient grounds for prohibition. Overall, it seems very difficult to mount a compelling case for banning pornography (except in the case of minors) based on the concept of harm as formulated by Mill.

Another difficult case is hate speech. Most European liberal democracies have limitations on hate speech, but it is debatable whether these can be justified by the harm principle as formulated by Mill. One would have to show that such speech violated rights, directly and in the first instance. A famous example of hate speech is the Nazi march through Skokie, Illinois. In fact, the intention was not to engage in political speech at all, but simply to march through a predominantly Jewish community dressed in storm trooper uniforms and wearing swastikas (although the Illinois Supreme Court interpreted the wearing of swastikas as “symbolic political speech”). It is clear that most people, especially those who lived in Skokie, were outraged and offended by the march, but were they harmed? There was no plan to cause physical injury and the marchers did not intend to damage property.

The main argument against allowing the march, based on the harm principle, was that it would cause harm by inciting opponents of the march to riot. The problem with this claim is that it is the harm that could potentially be done to the people speaking that becomes the focal point and not the harm done to those who are the subject of the hate. To ban speech for this reason, i.e., for the good of the speaker, tends to undermine the basic right to free speech in the first place. If we turn to the local community who were on the wrong end of hate speech we might want to claim that they could be psychologically harmed, but this is more difficult to demonstrate than harm to a person's legal rights. It seems, therefore, that Mill's argument does not allow for state intervention in this case. If we base our defense of speech on the harm principle we are going to have very few sanctions imposed on the spoken and written word. It is only when we can show direct harm to rights, which will almost always mean when an attack is made against a specific individual or a small group of persons, that it is legitimate to impose a sanction. One response is to suggest that the harm principle can be defined in a less stringent manner than Mill's formulation. This is a complicated issue that I cannot delve into here. Suffice it to say that if we can, then more options might become available for prohibiting hate speech and violent pornography.

There are two basic responses to the harm principle as a means of limiting speech. One is that it is too narrow; the other is that it is too broad. This latter view is not often expressed because, as already noted, most people think that free speech should be limited if it does cause illegitimate harm. George Kateb (1996), however, has made an interesting argument that runs as follows. If we want to limit speech because of harm then we will have to ban a lot of political speech. Most of it is useless, a lot of it is offensive, and some of it causes harm because it is deceitful, and because it is aimed at discrediting specific groups. It also undermines democratic citizenship and stirs up nationalism and jingoism, which results in harm to citizens of other countries. Even worse than political discourse, according to Kateb, is religious speech; he claims that a lot of religious speech is hateful, useless, dishonest, and ferments war, bigotry and fundamentalism. It also creates bad self-image and feelings of guilt that can haunt persons throughout their lives. Pornography and hate speech, he claims, cause nowhere near as much harm as political and religious speech. His conclusion is that we do not want to ban these forms of speech and the harm principle, therefore, casts its net too far. Kateb's solution is to abandon the principle in favor of almost unlimited speech.

This is a powerful argument, but there seem to be at least two problems with the analysis. The first is that the harm principle would actually allow religious and political speech for the same reasons that it allows pornography and hate speech, namely that it is not possible to demonstrate that such speech does cause direct harm to rights. I doubt that Mill would support using his arguments about harm to ban political and religious speech. The second problem for Kateb is that if we accept he is right that such speech does cause harm in the sense of violating rights, the correct response is surely to start limiting political and religious speech. If Kateb's argument is sound he has shown that harm is more extensive than we might have thought; he has not demonstrated that the harm principle is invalid.

3. The Offense Principle and Free Speech

The other response to the harm principle is that it does not reach far enough. One of the most impressive arguments for this position comes from Joel Feinberg, who suggests that the harm principle cannot shoulder all of the work necessary for a principle of free speech. In some instances, Feinberg suggests, we also need an offense principle that can act as a guide to public censure. The basic idea is that the harm principle sets the bar too high and that we can legitimately prohibit some forms of expression because they are very offensive. Offending someone is less serious than harming someone, so the penalties imposed should be less severe than those for causing harm. As Feinberg notes, however, this has not always been the case and he cites a number of instances in the U.S. where penalties for sodomy and consensual incest have ranged from twenty years imprisonment to the death penalty. These are victimless crimes and hence the punishment has to have a basis in the supposed offensiveness of the behavior rather than the harm that is caused.

Such a principle is difficult to apply because many people take offense as the result of an overly sensitive disposition, or worse, because of bigotry and unjustified prejudice. At other times some people can be deeply offended by statements that others find mildly amusing. The furore over the Danish cartoons brings this starkly to the fore. Despite the difficulty of applying a standard of this kind, something like the offense principle operates widely in liberal democracies where citizens are penalized for a variety of activities, including speech, that would escape prosecution under the harm principle. Wandering around the local shopping mall naked, or engaging in sexual acts in public places are two obvious examples. Given the specific nature of this essay, I will not delve into the issue of offensive behavior in all its manifestations, and I will limit the discussion to offensive forms of speech. Feinberg suggests that a variety of factors need to be taken into account when deciding whether speech can be limited by the offense principle. These include the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offense, and the general interest of the community at large.

How does the offense principle help us deal with the issue of pornography? Given the above criteria, Feinberg argues that books should never be banned because the offensive material is easy to avoid. If one has freely decided to read the book for pleasure, the offense principle obviously does not apply, and if one does not want to read it, it is easily avoidable. And if one is unaware of the content and should become offended in the course of reading the text, the solution is simple-one simply closes the book. A similar argument would be applied to pornographic films. The French film Bais-Moi was in essence banned in Australia in 2002 because of its offensive material (it was denied a rating which meant that it could not be shown in cinemas). It would seem, however, that the offense principle outlined by Feinberg would not permit such prohibition because it is very easy to avoid being offended by the film. It should also be legal to advertise the film, but some limits could be placed on the content of the advertisement so that sexually explicit material is not placed on billboards in public places (because these are not easily avoidable). At first glance it might seem strange to have a more stringent speech code for advertisements than for the thing being advertised; the harm principle would not provide the grounds for such a distinction, but it is a logical conclusion of the offense principle.

What of pornography that is extremely offensive because of its violent or degrading content? In this case the offense is more profound: simply knowing that such films exist is enough to deeply offend many people. The difficulty here is that bare knowledge, i.e., being offended by merely knowing that something exists or is taking place, is not as serious as being offended by something that one does not like and that one cannot escape. If we allow that films should be banned because some people are offended, even when they do not have to view them, logical consistency demands that we allow the possibility of prohibiting many forms of expression. Many people find strong attacks on religion, or t.v. shows by religious fundamentalists deeply offensive. Hence, Feinberg argues that even though some forms of pornography are profoundly offensive to a lot of people, they should still be permitted.

Hate speech causes profound and personal offense. The discomfort that is caused to those who are the object of such attacks cannot easily be shrugged off. As in the case of violent pornography, the offense that is caused by the march through Skokie cannot be avoided simply by staying off the streets because the offense is taken over the bare knowledge that the march is taking place. As we have seen, however, bare knowledge does not seem sufficient grounds for prohibition. If we examine some of the other factors regarding offensive speech mentioned above, Feinberg suggests that the march through Skokie does not do very well: the social value of the speech seems to be marginal, the number of people offended will be large, and it is difficult to see how it is in the interests of the community. These reasons also hold for violent pornography.

A key difference, however, is in the intensity of the offense; it is particularly acute with hate speech because it is aimed at a relatively small and specific audience. The motivations of the speakers in the Skokie example seemed to be to incite fear and hatred and to directly insult the members of the community with Nazi symbols. Nor, according to Feinberg, was there any political content to the speech. The distinction between violent pornography and this specific example of hate speech is that a particular group of people were targeted and the message of hate was paraded in such a way that it could not be easily avoided.It is for these reasons that Feinberg suggests hate speech can be limited.

He also claims that when fighting words are used to provoke people who are prevented by law from using a fighting response, the offense is profound enough to allow for prohibition. If pornographers engaged in the same behavior, parading through neighborhoods where they were likely to meet great resistance and cause profound offense, they too should be prevented from doing so. It is clear, therefore, that the crucial component of the offense principle is the avoidability of the offensive material. For the argument to be consistent, it must follow that many forms of hate speech should still be allowed if the offense is easily avoidable. Nazis can still meet in private places, or even in public ones that are easily bypassed. Advertisements for such meetings can be edited (because they are less easy to avoid) but should not be banned.

4. Democracy and Free Speech

Very few liberals take the Millian view that only speech causing direct harm should be prohibited; most support some form of the offense principle. Some are willing to extend the realm of state interference further and argue that hate speech should be banned even if it does not cause harm or unavoidable offense. The reason it should be banned is that it is inconsistent with the underlying values of liberal democracy to brand some citizens as inferior to others on the grounds of race or sexual orientation. The same applies to pornography; it should be prevented because it is incompatible with democratic citizenship to portray women as sexual objects, who are often violently mistreated. Rae Langton, for example, starts from the liberal premise of equal concern and respect and concludes that it is justifiable to remove certain speech protections for pornographers. She avoids basing her argument on harm: “If, for example, there were conclusive evidence linking pornography to violence, one could simply justify a prohibitive strategy on the basis of the harm principle. However, the prohibitive arguments advanced in this article do not require empirical premises as strong as this…they rely instead on the notion of equality” (1990, 313).

Working within the framework of arguments supplied by Ronald Dworkin, who is opposed to prohibitive measures, she tries to demonstrate that egalitarian liberals such as Dworkin, should, in fact, support the prohibition of pornography. She suggests that we have “reason to be concerned about pornography, not because it is morally suspect, but because we care about equality and the rights of women” (1990, 311). This is an approach also taken by Catherine McKinnon (1987). She distinguishes, much like Feinberg, between pornography and erotica. Erotica might be explicit and create sexual arousal, neither of which is grounds for complaint. Pornography would not come under attack if it did the same thing as erotica; the complaint is that it portrays women in a manner that undermines their equal status as citizens: “We define pornography as the graphic sexually explicit subordination of women through pictures or words that also includes women dehumanized as sexual objects, things, or commodities; enjoying pain or humiliation or rape; being tied up, cut up, mutilated, bruised, or physically hurt; in postures of sexual submission or servility or display; reduced to body parts, penetrated by objects or animals, or presented in scenarios of degradation, injury, torture; shown as filthy or inferior; bleeding, bruised or hurt in a context which makes these conditions sexual” (1987, 176).

Langton agrees and concludes that “women as a group have rights against the consumers of pornography, and thereby have rights that are trumps against the policy of permitting pornography…the permissive policy is in conflict with the principle of equal concern and respect, and that women accordingly have rights against it” (1990, 346). Because she is not basing her argument on the harm principle, she does not have to show that women are harmed by pornography. For the argument to be persuasive, however, one has to accept that permitting pornography does mean that women are not treated with equal concern and respect.

To argue the case above, one has to dilute one's support for freedom of expression in favor of other principles, such as equal respect for all citizens. This is a sensible approach according to Stanley Fish. He suggests that the task we face is not to arrive at hard and fast principles that govern all speech. Instead, we have to find a workable compromise that gives due weight to a variety of values. Supporters of this view will tend to remind us that when we are discussing free speech, we are not dealing with speech in isolation; what we are doing is comparing free speech with some other good. For instance, we have to decide whether it is better to place a higher value on speech than on the value of privacy, security, equality, or the prevention of harm.

I suggested early in this essay that to begin from a principle of unregulated speech is to start from a place that itself needs to be vigorously defended rather than simply assumed. Stanley Fish is of a similar temperament and suggests that we need to find a balance in which “we must consider in every case what is at stake and what are the risks and gains of alternative courses of action” (1994, 111). Is speech promoting or undermining our basic values? “If you don't ask this question, or some version of it, but just say that speech is speech and that's it, you are mystifying—presenting as an arbitrary and untheorized fiat—a policy that will seem whimsical or worse to those whose interests it harms or dismisses” (1994, 123).

In other words, there have to be reasons behind the argument to allow speech; we cannot simply say that the First Amendment says it is so, therefore it must be so. The task is not to come up with a principle that always favors expression, but rather, to decide what is good speech and what is bad speech. A good policy “will not assume that the only relevant sphere of action is the head and larynx of the individual speaker” (Fish, 1994, 126). Is it more in keeping with the values of a democratic society, in which every person is deemed equal, to allow or prohibit speech that singles out specific individuals and groups as less than equal? The answer, according to Fish, cannot be settled by simply appealing to a pre-ordained ideal of absolute free speech, because this is a principle that is itself in need of defense. Fish's answer is that, “it depends. I am not saying that First Amendment principles are inherently bad (they are inherently nothing), only that they are not always the appropriate reference point for situations involving the production of speech” (1994, 113). But, all things considered, “I am persuaded that at the present moment, right now, the risk of not attending to hate speech is greater than the risk that by regulating it we will deprive ourselves of valuable voices and insights or slide down the slippery slope towards tyranny. This is a judgement for which I can offer reasons but no guarantees” (1994, 115).

Hence, the boundaries of free speech cannot be set in stone by philosophical principles. It is the world of politics that decides what we can and cannot say, guided but not hidebound by the world of abstract philosophy. Fish suggests that free speech is about political victories and defeats. The very guidelines for marking off protected from unprotected speech are the result of this battle rather than truths in their own right: “No such thing as free (nonideologically constrained) speech; no such thing as a public forum purged of ideological pressures of exclusion” (Fish, 1994, 116). Speech always takes place in an environment of convictions, assumptions, and perceptions i.e., within the confines of a structured world. The thing to do, according to Fish, is get out there and argue for one's position.

We should ask three questions according to Fish: “[g]iven that it is speech, what does it do, do we want it to be done, and is more to be gained or lost by moving to curtail it?” (1994, 127). He suggests that the answers we arrive at will vary according to the context. Free speech will be more limited in the military, where the underlying value is hierarchy and authority, than it will be at a university where one of the main values is the expression of ideas. Even on campus, there will be different levels of appropriate speech. Spouting off at the fountain in the center of campus should be less regulated than what a professor can say during a lecture. It might well be acceptable for me to spend an hour of my time explaining to passers-by why Manchester United is such a great football team but it would be completely inappropriate (and open to censure) to do the same thing when I am supposed to be giving a lecture on Thomas Hobbes. A campus is not simply a “free speech forum but a workplace where people have contractual obligations, assigned duties, pedagogical and administrative responsibilities” (1994,129). Almost all places in which we interact are governed by underlying values and hence speech will have to fit in with these principles: “[r]egulation of free speech is a defining feature of everyday life” (Fish, 1994,129). Thinking of speech in this way removes a lot of the mystique. Whether we should ban hate speech is just another problem along the lines of whether we should allow university professors to talk about football in lectures.

Although Stanley Fish takes some of the mystique away from the value of speech, he still thinks of limitations largely in terms of other regarding consequences. There are arguments, however, that suggest speech can be limited to prevent harm being done to the speaker. The argument here is that the agent might not have a full grasp of the consequences of the action involved (whether it be speech or some other form of behavior) and hence can be prevented from engaging in the act. Arguments used in the Skokie case would fit into this category. Most liberals are wary of such arguments because we are now entering the realm of paternalistic intervention where it is assumed that the state knows better than the individual what is in his or her best interests.

Mill, for example, is an opponent of paternalism generally, but he does believe there are certain instances when intervention is warranted. He suggests that if a public official is certain that a bridge will collapse, he can prevent a person crossing. If, however, there is only a danger that it will collapse the person can be warned but not coerced. The decision here seems to depend on the likelihood of personal injury; the more certain injury becomes, the more legitimate the intervention. Prohibiting freedom of speech on these grounds is very questionable in all but extreme cases (it was not persuasive in the Skokie case) because it is very rare that speech would produce such a clear danger to the individual.

Hence we have exhausted the options that are open to the liberal regarding limitations on free speech and one cannot be classed as a liberal if one is willing to stray further into the arena of state intervention than already discussed. Liberals tend to be united in opposing paternalistic and moralistic justifications for limiting free expression. They have a strong presumption in favor of individual liberty because, it is argued, this is the only way that the autonomy of the individual can be respected. To prohibit speech for reasons other than those already mentioned means that one has to argue that it is permissible to limit speech because of its unsavory content, or as Feinberg puts it, one has to be willing to say that

[i]t can be morally legitimate for the state, by means of the criminal law, to prohibit certain types of action that cause neither harm nor offense to any one, on the grounds that such actions constitute or cause evils of other kinds. ( Harmless Wrongdoing , p. 3)

Acts can be “evil” if they are dangerous to a traditional way of life, because they are immoral, or because they hinder the perfectibility of the human race. Many arguments against pornography take the form that such material is wrong because of the moral harm it does to the consumer. Liberals oppose such views because they are not overly interested in trying to mold the moral character of citizens.

We began this examination of free speech with the harm principle; let us end with it and assess whether it helps us determine the proper limits of free expression. The principle suggests that we need to distinguish between legal sanction and social disapprobation as means of limiting speech. As already noted, the latter does not ban speech but it makes it more uncomfortable to utter unpopular statements. J.S. Mill does not seem to support the imposition of legal penalties unless they are sanctioned by the harm principle. As one would expect, Mill also seems to be worried by the use of social pressure as a means of limiting speech. Chapter III of On Liberty is an incredible assault on social censorship, expressed through the tyranny of the majority, because it produces stunted, pinched, hidebound and withered individuals: “everyone lives as under the eye of a hostile and dreaded censorship…[i]t does not occur to them to have any inclination except what is customary” (1978, 58). He continues:

the general tendency of things throughout the world is to render mediocrity the ascendant power among mankind…at present individuals are lost in the crowd…the only power deserving the name is that of masses…[i]t does seem, however, that when the opinions of masses of merely average men are everywhere become or becoming the dominant power, the counterpoise and corrective to that tendency would be the more and more pronounced individuality of those who stand on the higher eminences of thought. (1978, 63-4)

With these comments, and many of a similar ilk, Mill demonstrates his distaste of the apathetic, fickle, tedious, frightened and dangerous majority.

It is quite a surprise, therefore, to find that he also seems to embrace a fairly encompassing offense principle when the sanction does involve social disapprobation:

Again, there are many acts which, being directly injurious only to the agents themselves, ought not to be legally interdicted, but which, if done publicly, are a violation of good manners and, coming thus within the category of offenses against others, may rightly be prohibited. (1978, 97 [author's emphasis]

Similarly, he states that “The liberty of the individual must be thus far limited; he must not make himself a nuisance” (1978, 53). In the latter parts of On Liberty Mill also suggests that distasteful persons can be held in contempt, that we can avoid such persons (as long as we do not parade it), that we can warn others against the persons, and that we can persuade, cajole and remonstrate with those we deem offensive. These actions are legitimate as the free expression of those who happen to be offended as long as they are done as a spontaneous response to the person's faults and not as a form of punishment.

But those who exhibit cruelty, malice, envy, insincerity, resentment and crass egoism are open to the greater sanction of disapprobation as a form of punishment, because these faults are wicked and are other-regarding. It may be true that these faults have an impact on others, but it is difficult to see how acting according to malice,envy or resentment necessarily violates the rights of others. The only way that Mill can make such claims is by expanding his argument to include an offense principle and hence give up on the harm principle as the only legitimate grounds for interference with behavior. Overall, Mill[special-character:#146s arguments about ostracism and disapprobation seem to provide little protection for the individual who may have spoken in a non-harmful manner but who has nevertheless offended the sensibilities of the masses.

Hence we see that one of the great defenders of the harm principle seems to shy away from it at certain crucial points and it is unlikely that a defense of free speech can rest on the principle alone. It does, however, remain an elementary part of the liberal defense of individual freedom.

Liberals tend to defend freedom generally, and free speech in particular, for a variety of reasons beyond the harm principle; speech fosters authenticity, genius, creativity, individuality and human flourishing. Mill tells us specifically that if we ban speech the silenced opinion may be true, or contain a portion of the truth, and that unchallenged opinions become mere prejudices and dead dogmas that are inherited rather than adopted. These are empirical claims that require evidence. Is it likely that we enhance the cause of truth by allowing hate speech or violent and degrading forms of pornography? It is worth pondering the relationship between speech and truth. If we had a graph where one axis was truth and the other was free speech, would we get one extra unit of truth for every extra unit of free speech? How can such a thing even be measured? It is certainly questionable whether arguments degenerate into prejudice if they are not constantly challenged. Devil's advocates are often tedious rather than useful interlocutors. None of this is meant to suggest that free speech is not vitally important; this is, in fact, precisely the reason we need to find good arguments in its favor. But sometimes supporters of free speech, like its detractors, have a tendency to make assertions without providing compelling evidence to back them up.

In a liberal society, we have found that the harm principle provides reasons for limiting free speech when doing so prevents direct harm to rights. This means that very few speech acts should be prohibited. The offense principle has a wider reach than the harm principle, but it still recommends very limited intervention in the realm of free speech. All forms of speech that are found to be offensive but easily avoidable should go unpunished. This means that all forms of pornography and most forms of hate speech will escape punishment. If this argument is acceptable, it seems only logical that we should extend it to other forms of behavior. Public nudity, for example, causes offense to some people, but most of us find it at most a bit embarrassing, and it is avoided by a simple turn of the head. The same goes with nudity, sex, and coarse language on television. Neither the harm or the offense principles as outlined by Mill support criminalizing bigamy or drug use, nor the enforcement of seat belts, crash helmets and the like.

Some argue that speech can be limited for the sake of other liberal values, particularly the concern for democratic equality; the claim is not that speech should always lose out when it clashes with other fundamental principles that underpin modern liberal democracies, but that it should not be automatically privileged. To extend prohibitions on speech and other actions beyond this point requires an argument for a form of legal paternalism that suggests the state should decide what is acceptable for the safety and moral instruction of citizens, even if it means limiting actions that do not cause harm or unavoidable offense to others. It is up to the reader to decide if one of these positions is persuasive. It has certainly been the practice of most societies, even liberal-democratic ones, to impose some paternalistic restrictions on behavior and to limit speech because it causes offense. As we have seen, even Mill seems to back away somewhat from the harm principle. Hence the freedom of expression supported by the harm principle as outlined in Chapter One of On Liberty and by Feinberg's offense principle is still a possibility rather than a reality. It is also up to the reader to decide if it is an appealing possibility.

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[As of January 2008, typing “free speech” on Google will net millions of entries. Hence it is best to simply jump in and see what one can find. It is worth noting that almost all of them are devoted to the promotion of speech in the face of censorship. This reflects a strong bias on the internet in favor of the “slippery slope” view of free speech. There are not many entries where an argument is made for placing limitations on free expression. Wikipedia has a quite a few entries dealing with censorship, free speech, pornography, and crime statistics. Here are a few other cites to get you going.]

• American Civil Liberties Union
• Free Speech Movement archives (related to Berkeley in the 1960's)
• Freedom Forum , (a forum dedicated to free speech and a free press)
• Free Expression , Center for Democracy and Technology, (a website related to the issue of free speech and the internet)
• Electronic Frontiers Australia (an Australian website on censorship and free speech)
• The Kellor Center for the Study of the First Amendment

democracy | equality | Mill, John Stuart | paternalism | pornography: and censorship

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