freedom of speech

Question 1

what is freedom of speech ?

Answer 1

While no official or legal definition of freedom of speech exists, it is generally considered to be the right to communicate and express one’s views and ideas without fear of state control or punishment

Question 2

define article 10 ECHR

Answer 2

provides the right to freedom of expression and information, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. This right includes the freedom to hold opinions, and to receive and impart information and ideas.

Question 3

justifications for freedom of speech may be roughly divided into three categories

Answer 3

1) the importance of discovering the truth
2) self-fulfilment
3) democratic participation

Question 4

importance of discovering the truth

Answer 4

This justification for free speech is usually associated with the liberal theorist John Stuart Mill

Question 5

what is Mills truth argument based on?

Answer 5

Mill’s truth argument is based on the premise that restriction of free speech will prevent society from ascertaining accurate facts and hearing worthwhile opinion

Question 6

what example does Barendt provide >

Answer 6

Barendt provides the example of pre-war Germany where the Nazis came to power in 1933 despite relatively free political discourse during the Weimar Republic during the 1920s. Implicit in this example is the assertion that despite the freedom to challenge Nazi views on the inferiority of certain races, such views became prevalent.

Question 7

what is a contemporary example of the limitation of free speech as means of discovering the ‘truth’?

Answer 7

so-called ‘fake news’

Question 8

is ‘fake news’ a new phenomenon ?

Answer 8

no, during the time of the Roman Empire, Octavian used a campaign of disinformation to facilitate his victory over Marc Anthony in the final war of the Roman Republic. In its aftermath, he changed his name to Augustus, and distributed a flattering and youthful image of himself throughout the Empire, continuing its use in his old age.

Question 9

whats a modern analysis of ‘fake news’ ?

Answer 9

In modern times, fake news is closely associated with social media. For example, A BuzzFeed News analysis found that three big right-wing Facebook pages published false or misleading information 38% of the time during the period analysed, and three large left-wing pages did so in nearly 20% of posts

Question 10

whats the consequence of fake news on political debate ?

Answer 10

during the US 2016 presidential campaign, a conspiracy theory spread online that influential members of the Democratic party were involved in a paedophile ring which operated from a pizza restaurant in Washington DC (the owner had close links to the party). This eventually resulted in the arrest of a man who had visited the pizza restaurant to ‘self-investigate’ and opened fire with a rifle.

Question 11

what is a concept closely associated with the mill’s truth argument ?

Answer 11

the so-called ‘market place in ideas’. This idea isbased on ananalogyto the concept of afree market and asserts that thetruthwill emerge from the competition of ideas in free and open public discussion

Question 12

does social media undermine the market place ?

Answer 12

The algorithms used in platforms like Facebook will provide users with news stories, posts etc which reflect their pre-existing beliefs, thus preventing or hindering exposure to competing ideas and view-points.

Question 13

what is self-fulfilment ?

Answer 13

As a justification for freedom of speech, arguments based on self-fulfilment assert that any restrictions on what one can say (and hear) inhibit our personal development and intellectual growth. In essence, a right to freedom of speech reflects what it is to be human.

Question 14

whats the obvious problem with this justification ?

Answer 14

As a justification for freedom of speech, arguments based on self-fulfilment assert that any restrictions on what one can say (and hear) inhibit our personal development and intellectual growth. In essence, a right to freedom of speech reflects what it is to be human.

Question 15

what is democratic participation ?

Answer 15

This justification maintains that the freedom of speech is essential to the functioning and promotion of democracy. In a truly democratic process political views may be freely promoted to the electorate and individuals should be free to criticise government action and policies.

Question 16

in essence what does this mean ?

Answer 16

In essence, without freedom of speech there can be no real competition for votes, nor accountability of government. The importance of freedom of speech for the flourishing of democracy is illustrated by the restriction of free speech in dictatorships and totalitarian states.

Question 17

what is an argument in favour of freedom of speech ?

Answer 17

democratic participation is also based, to a large extent, on the previously discussed justifications: a free and frank exchange of ideas is essential to democracy and the right of all people to engage in public discourse is important to human dignity and self-fulfilment.

Question 18

why should freedom of speech be restricted ?

Answer 18

Stanley Fish’s book: There’s No Such Thing as Free Speech and it’s a Good Thing Too (1993, OUP).

Question 19

example of restricting freedom of speech?

Answer 19

Oliver Wendell Holmes J in Schenck v. United States

shouting “fire” in a crowded theatre.

Question 20

what are the legal mechanisms for restricting freedom of speech ?

Answer 20

1) defamation
2) protection of privacy
3) contempt of court

Question 21

what does article 10 guarantee to legitimately restrict ?

Answer 21

national security, prevention of disorder and crime, protection of health or morals, preventing the disclosure of confidential information, protection of reputation and maintaining the impartiality of the judiciary

Question 22

what is an important thing to consider ?

Answer 22

the state cannot actually remove one’s ability to say or write anything we chose

Question 23

what is the harm principle ?

Answer 23

essentially dictates that the only justifiable basis for restricting the rights of individuals is the prevention of harm to other individuals, was first conceptualised by John Stuart Mill in his book,On Liberty.

Question 24

under the harm principle what is the basis for suppressing free speech ?

Answer 24

there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one.” Whitney v. California.

Question 25

what is the offence principle ?

Answer 25

the offence principle was bought forward by Joel Feinberg Offence to Others: The Moral Limits of the Criminal Law, OUP, 1985), as there was a view that the harm principle is too narrow.

Question 26

what is a practical problem of using the offence principle ?

Answer 26

that some people take offence because of an unusually sensitive temperament or because of prejudice and bigotry

Question 27

what is a Paternalistic justification ?

Answer 27

usually emphasises the prevention of harm to the speaker on the basis that he/she might not fully comprehend the consequences of the expression involved

Question 28

what is paternalism ?

Answer 28

based on the implicit assumption that the state knows better than the individual what is his or hers best interests, is a concept that many liberals are uncomfortable with.

Question 29

summary of justifications for restricting freedom of speech

Answer 29

namely the harm principle, offense principle and to a lesser extent paternalism, may be summarised as liberal (in the broad sense of the word) justifications for the curtailment of freedom of speech

Question 30

prior restraints

Answer 30

in England and Wales, licensing of the press was abolished in 1694 when the annual legislation under which the Stationers’ Company controlled the publication of newspapers and pamphlets was not renewed