Justification for absolute free speech, in a nutshell

Everyone must be free to hold opinions and express them through speech, writing, print, art, or through any other medium. This freedom of speech, being verbal, not directly leading to violent consequence, must be absolute.

Key reasons are provided below.

1) Free speech is of value in itself, a necessary part of our humanity

Our mind is always free. “Lock up your libraries if you like; but there is no gate, no lock, no bolt that you can set upon the freedom of my mind.” ― Virginia Woolf, A Room of One’s Own

How do we exist as free men in this world without expressing our mind? Speech is an expression of our uniqueness. It is a basic requirement if human (as opposed to animal or slave) existence. Animals imitate others and need not think for themselves. The human, however, must employ all his faculties including reasoning and judgment. As Mill wrote: “it is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied.”  And so, as John Milton said: “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.”

Speech is therefore valuable in itself. It is part of our liberty.  This can be called the deontological argument for free speech.

2) Speech is the only non-violent means of persuasion

Humans can persuade others only through two means: verbal or through violence. The alternative to speech is violence.  Regardless of how offensive it might be, speech falls into the category of non-violence. Hence it must be left to individuals to choose its use, as they do not physically harm anyone in this process.

3) Speech is instrumental in human advancement

This is the utilitarian argument for free speech, attributable to Mill.  The reasons we must permit free speech are that:

a) a censored opinion might be true (hence of value). By censoring it, we destroy value. As Justice Oliver Wendell Holmes wrote in his dissent in Abrams v. United States, truth can only emerge through free trade in the marketplace of ideas.

b) even if the opinion is partly false, it may contain part of the truth, hence important to have a discussion around it, to distinguish the elements of the truth.

c) even if the opinion is wholly false, it should be allowed as contrast to other opinions, thus preventing any opinion from becoming dogma. Any unchallenged opinion loses its meaning and it is best viewed in light of false opinions.

4) The impossibility of finding a perfect censor

This is the public choice argument, according to which, it impossible to find a consistent and wise regulator/censor of speech. Even if some norms could be decided regarding limitations on speech, the person authorised to so censor our speech will bring to the table his or her own limitations of knowledge and understanding – invariably making it impossible to agree to the restriction or the manner of restriction. In any event, no one is infallible. Therefore one should be loath to limit discussion.

IF SPEECH CAUSES DIRECT PHYSICAL AND COMMERCIAL HARM IT BECOMES A FORM OF VIOLENCE

Speech can harm in a few circumstances. For instance:

a) causing a riot or group panic: no one can cause shout ”fire” in a packed theatre.

b) harming a reputation which leads to commercial harm;

c) weakening national security through leakage of secrets to the enemy;

d) directly inciting or forming part of a conspiracy to injure or harm.

These are predicated on the direct prompting of specific harm – a form of violence. To the extent speech remains non-violent in intent and merely expresses an opinion, however poorly informed, it cannot be restricted or punished.

MYTHS SURROUNDING SPEECH

The myth that we are entitled to respect

Just because someone believes in something does not entitle that person to have those beliefs respected by others. A person may well believe something and so, good on that person. But that’s all there is to it. Freedom to believe is not freedom to impose those beliefs on others. No one is required to respect your beliefs.

“I disapprove of what you say, but I will defend to the death your right to say it” – attributed to Voltaire.

“If you believe in freedom of speech, you believe in freedom of speech for views you don’t like. Stalin and Hitler, for example, were dictators in favor of freedom of speech for views they liked only. If you’re in favor of freedom of speech, that means you’re in favor of freedom of speech precisely for views you despise.” [Noam Chomsky, Manufacturing Consent: Noam Chomsky and the Media, 1992]

The myth that we are entitled to perfect accuracy

Human knowledge is extremely weak and limited. No one in the world can be entirely accurate. There can therefore be no expectation that someone’s speech be entirely accurate. If someone’s speech is so important that you wish to debate it or correct it, by all means do so. That person is not obliged to debate with you nor to ‘correct’ his/her inaccuracy. You are also not obliged to engage with such person/s or hire their services for your organisation.

“People have the right of freedom and expression whatever their views, that the importance of defending these rights is all the greater when the person expresses views that are abhorrent to virtually everyone. I do defend the right of Faurisson to publish falsehoods, as I defend the right of anyone else to do so, including Professor Smokler. ” [Noam Chomsk, September 1985, Daily Camera (Boulder, CO) Letter to the editor written in response to a letter commenting on a nationally-syndicated column by Nat Hentoff]

The myth that we are entitled not to be offended

There can be no free speech without the right to offend. All human progress has arisen from speech that gave offence to at least some people.  No one is obliged to say sweet things about your beliefs, or couch them in ‘politically correct’ language. 

Restrictions are applicable for limitations, as with libel, slander, obscenity, sedition (including, for example inciting ethnic hatred), copyright violation, revelation of information that is classified or otherwise.

The myth that hatred cannot be expressed

This is a sub-set of the ‘we can’t be offended’ myth. It can’t be sustained. Only by allowing vent to hatred can we know the state of a society’s mind, and work out ways to deal with it through debate/reason. Even if the person who expresses hatred is not amenable to reason, that’s fine so long as no violence is used.

SUMMARY

No matter which way you look at it, there can be NO VIOLENCE (destruction of books, etc.) in response to non-violence. There can be no ban on books under ANY circumstance.