Key arguments for and against free expression throughout history
20 cards · philosophy
Sign up to start studying this deck
| Front | Back |
|---|---|
| Mill's Harm Principle | Coercion justified only to prevent harm to others From On Liberty (1859); debate focuses on defining "harm" |
| Marketplace of Ideas | Truth best found by open competition of ideas Holmes/Brandeis metaphor; underwrites tolerance of error |
| Democratic Self-Governance | Speech enables informed participation in self-government Meiklejohn places political speech at the core of protection |
| Autonomy Justification | Expression is essential to individual autonomy and agency Scanlon defends speech as respecting persons’ moral powers |
| Offense Principle | The state may restrict speech causing serious offense Feinberg argues some offenses justify limits short of harm |
| Hate Speech and Dignity | Hate speech can erode equal dignity and public assurance Waldron defends bans to protect status and inclusiveness |
| Prior Restraint | Censorship before publication is strongly disfavored Near v. Minnesota set US limits on prior restraint |
| Clear and Present Danger | Speech may be punished for a clear and present danger Holmes in Schenck; later narrowed by Brandenburg |
| Incitement Standard | Only incitement likely to produce imminent lawless action Brandenburg protects advocacy unless imminent and likely |
| Chilling Effect | Vague laws deter lawful speech through self-censorship Overbreadth doctrine strikes laws that chill protected speech |
| Heckler's Veto | Government may not silence speech to appease hostile audiences Authorities should protect speakers, not yield to threats |
| Defamation and Public Officials | Public officials must prove “actual malice” in libel cases New York Times v. Sullivan protects robust criticism of officials |
| Obscenity and the Miller Test | Obscenity unprotected; apply the three-part Miller test Community standards, prurient appeal, and serious value |
| Blasphemy Laws | Bans on blasphemy conflict with free expression commitments ICCPR disfavors blasphemy bans; many countries have repealed them |
| Academic Freedom | Faculty liberties to teach, research, and publish without reprisal AAUP 1940 Statement grounds norms and tenure protections |
| Press Freedom and National Security | The press may publish despite claims of prior restraint Pentagon Papers curtailed national security prior restraints |
| Hate Speech Laws in Democracies | Many democracies ban hate speech to protect equality and order ECHR allows limits; Germany outlaws incitement to hatred |
| Internet Censorship | States block, filter, and surveil online content at scale China’s Great Firewall is a leading example |
| Intermediary Liability | Platforms’ liability for user content varies by regime US Section 230 vs EU Digital Services Act diverge |
| The Streisand Effect | Suppression attempts often backfire and amplify attention Named for a 2003 bid to remove coastal photos from the web |