David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Utilitas 17 (2):147-179 (2005)
Mill's free speech doctrine is distinct from, yet compatible with, his central principle of ‘purely self-regarding’ liberty. Using the crucial analogy with trade, I claim that he defends a broad laissez-faire policy for expression, even though expression is ‘social’ or other-regarding conduct and thus legitimately subject to social regulation. An expedient laissez-faire policy admits of exceptions because speakers can sometimes cause such severe damage to others that coercive interference with the speech is justified. In those relatively few contexts where interference is called for, however, the central principle of self-regarding liberty sets absolute limits to the scope of society's regulatory authority. Regulation can never amount to an outright ban of any type of expression that can be consumed by the individual without direct and immediate harm to others. Nevertheless, and perhaps surprisingly, the central liberty principle admits censorship of certain extraordinary types of expression which necessarily harm others.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Alexander Brown (2008). The Racial and Religious Hatred Act 2006: A Millian Response. Critical Review of International Social and Political Philosophy 11 (1):1-24.
Similar books and articles
David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.
Kenton F. Machina (1984). Freedom of Expression in Commerce. Law and Philosophy 3 (3):375 - 406.
Alan Haworth (2007). On Mill, Infallibility, and Freedom of Expression. Res Publica 13 (1):77-100.
D. H. Monro (1970). Liberty of Expression its Grounds and Limits (II). Inquiry 13 (1-4):238 – 253.
Ted Honderich (1967). Mill on Liberty. Inquiry 10 (1-4):292 – 297.
Re'em Segev (2008). Freedom of Expression: Justifications & Restrictions. Israel Democracy Institute.
Chin-Liew Ten (2002). Was Mill a Liberal? Politics, Philosophy and Economics 1 (3):355-370.
Jonathan Gilmore (2011). Expression as Realization: Speakers' Interests in Freedom of Speech. Law and Philosophy 30 (5):517-539.
H. J. McCloskey (1970). Liberty of Expression its Grounds and Limits (I). Inquiry 13 (1-4):219 – 237.
Added to index2009-01-28
Total downloads65 ( #50,416 of 1,725,305 )
Recent downloads (6 months)6 ( #110,378 of 1,725,305 )
How can I increase my downloads?