human liberty and freedom of speech oct 1989

[...]... free speech has been implicitly met Freedom of speech may help expose error But it may also do the opposite Guaranteeing freedom of speech may result in new errors or even thwart *Note that some of these restrictions would be acceptable on some theories of freedom of speech Which ones will depend on the specific content of that theory 22 Theory efforts to identify and avoid some errors—errors of racism,... settlements and into the creation of their world was permitted and continues to be permitted That is, both democracy and protection for individual liberty, including freedom of speech, may be prerequisites for legal legiti- 24 Theory macy Of course, the above is not argument—that will come in Chapters 2 and 3 The point here is that freedom of speech may be defensible, not because of the marketplace of ideas'... prevail Given the marketplace of ideas theory's assumptions about the objective nature of truth, the rational capabilities of humans, and the unity of the real aims of people,4 the presentation of conflicting arguments and insights can be expected to aid people in discovering truth In contrast, regulation of speech would only undermine the discovery and recognition of truth and impede wise, well-founded... as speech? Do group boycotts, intimate consensual sexual activity, parades, and sit-ins constitute "peaceable assemblies" (or speech) for constitutional purposes? By exploring several possible rationales for freedom of speech, and defending one, this book will address the issue of coverage I will conclude that a "marketplace of ideas" theory is the dominant rationale given for freedom of speech and. .. presentation of information that we might 18 Theory have used or of ideas that we might have wished to adopt Free speech may not be great, but suppression can only distort Limitations on speech will deepen our admitted irrationality and increase the probability of deleterious conclusions Speech does help us identify our errors Given the fallibility of human judgment, we are best off with freedom of speech. 79... marketplace of ideas must be guaranteed if freedom of speech is to promote socially desirable perspectives and decisions The liberty model holds that the free speech clause protects not a marketplace, but rather an arena of individual liberty from certain types of governmental restrictions Speech or other self-expressive conduct is protected not as a means to achieve a collective good but because of its... assumptions of objective truth and rationality allow for an analytically neater portrayal of the virtues of the marketplace of ideas We can, however, drop these assumptions and still reasonably conclude that an unregulated marketplace of ideas is our best bet Censorship inevitably impedes the development and acceptance of some perspectives that we would adopt as useful Conversely, freedom of speech will... and spread of political truth."8 Like Mill, Holmes and Brandeis talk glowingly about the discovery of truth and the "power of reason as applied through public discussion."9 The logic of their clear and present danger test derives directly from the marketplace of ideas theory Since speech is normally the means relied on to eliminate error, suppression should not be allowed unless the danger of speech is... its allegiance to "the free and robust exchange of ideas," "the unfettered interchange of ideas,"31 the prohibition of state "control of reason and the intellect," and the protection of the "communication of ideas."32 It still relies on the marketplace of ideas theory although its implicit instrumentalist balancing of interests waters down protection, only providing for speech whose contribution to... discover truth, but because freedom of speech embodies respect for the liberty or autonomy and responsibility of the participants This liberty- based defense of free speech, possibly like a better specified aspirational theory, subtly but dramatically redefines the practices meriting protection Alexander Meiklejohn properly stated the requirement of the classic marketplace of ideas theory: "What is essential .