Get Freedom of Expression: Counting the Costs PDF

By Glen Newey

Freedom of expression has lengthy been adored as a liberal perfect. yet within the political weather of the recent millennium unfastened expression reveals itself below attack. Muslims greeted the ebook through a Danish newspaper of cartoons depicting the prophet Muhammad with outrage. The Pope used to be compelled to factor an apology after Muslims denounced his feedback a couple of Byzantine emperor as anti-Islamic. in the meantime within the united kingdom, the play Behzti used to be cancelled after protests via Sikhs and Christian activists tried to strength the BBC to not monitor Jerry Springer: the Opera. The political institution, in addition to spiritual activists, has additionally attempted to gag unfastened speech. strikes to prohibit inciting non secular hatred and glorifying acts of terrorism, have stirred up political ferment. in different jurisdictions Holocaust denial is already outlawed. the appearance of the web, with its loss of law, has fuelled long-standing feminist matters approximately pornography. baby pornography has turn into rampant on the net. This assortment explores the hot demanding situations to loose expression posed through cultural and political clash and via technological switch. It asks even if classical and sleek liberalism nonetheless hold conviction opposed to demanding situations to liberal orthodoxy. The individuals ask how one can weigh the claims of unfastened expression opposed to different basic rights comparable to staff club, own privateness, and the security of the general public sphere either as a discursive realm, and as a cultural area. jointly they take on the major questions dealing with unfastened expression this present day: What does loose expression suggest in an age of world communications? How, if in any respect, can it's traded opposed to different items? Can unfastened speech continue to exist, given the transforming into information of its bills?

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Extra info for Freedom of Expression: Counting the Costs

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12 I use the term hate speech in the sense in which it is now generally used, that is, to describe speech that directs and/or arouses hatred against a particular group defined, for example, by its race or sexuality. However, honest use of this phrase must keep faith with the normal meaning of “hate”. Not every expression of opinion or information that relates negatively to race or sexuality, for example, is justifiably described as hate speech. 13 My association of Mill with opposition to hate speech may seem to conflict with Jacobson’s claims that the liberty for which Mill argued included, “not just thought but also the expression of any opinion or sentiment, however unpopular, offensive, or even harmful it may be”, and that Mill held “that it is never legitimate to prohibit the expression of an opinion or sentiment”; see Daniel Jacobson, “Mill on liberty, speech and the free society”, Philosophy and Public Affairs 29 (2000), 276-309, at 277, 279 (emphasis in the original).

The “argument from fallibility” is that restrictions on the expression of opinions on the grounds that these opinions are known to be false reveals an assumption of infallibility on the part of those who propose the restrictions; no such assumption can be justified; therefore, no such restrictions are legitimate. As Mill puts it, “[For a person to] refuse a hearing to an opinion, because they are sure that it is false, is to assume that their certainty is the same thing as absolute certainty. 7 The “argument from truth” finds its classic statement in Mill’s description of two aspects of progress furthered by permitting freedom of expression: though [a] silenced opinion be an error, it may, and very commonly does, contain a portion of the truth; and since the general or prevailing opinion 2 A further classic argument which I will not consider here is Schauer’s “secondbest” argument.

If speech is intolerant, is that a bad thing? Again, at first sight, we might suppose that it is. But I have indicated that we are likely to applaud intolerant speech that is mobilised against intolerable conduct or intolerable states of affairs. I have also indicated that speech does not have to be intolerant to be intolerable. We cannot therefore rely merely upon the tolerant or intolerant character of speech, to signal what we should applaud, condemn, allow, or proscribe. The ideal of toleration requires more than the idea of toleration.

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