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Argumentative Essays on Freedom of Speech

Freedom of speech essay topic examples, argumentative essays.

Argumentative essays on freedom of speech require you to take a stance on a specific aspect of this topic and provide evidence to support your viewpoint. Consider these topic examples:

  • 1. Argue for the importance of protecting hate speech as a form of free expression, emphasizing the principles of free speech and the potential consequences of limiting it.
  • 2. Debate the ethical implications of social media platforms censoring or moderating content, exploring the balance between maintaining a safe online environment and upholding free speech rights.

Example Introduction Paragraph for an Argumentative Freedom of Speech Essay: Freedom of speech is a cornerstone of democratic societies, but it often challenges our notions of what should be protected. In this argumentative essay, we will examine the importance of safeguarding hate speech as a form of free expression, exploring the principles of free speech and the potential ramifications of its restriction.

Example Conclusion Paragraph for an Argumentative Freedom of Speech Essay: In conclusion, the argument for protecting hate speech within the bounds of free expression highlights the enduring principles of democracy and free speech. As we navigate these complex debates, we must remain committed to preserving the foundations of our democratic society.

Compare and Contrast Essays

Compare and contrast essays on freedom of speech involve analyzing the similarities and differences between various aspects of free speech laws, practices, or the historical development of free speech rights in different countries. Consider these topics:

  • 1. Compare and contrast the approach to freedom of speech in the United States and European Union, examining the legal frameworks, historical context, and key differences in their protection of free expression.
  • 2. Analyze the evolution of freedom of speech in the digital age, comparing the challenges and opportunities presented by online platforms and the traditional forms of free expression.

Example Introduction Paragraph for a Compare and Contrast Freedom of Speech Essay: Freedom of speech varies across different countries and contexts, raising questions about the boundaries of this fundamental right. In this compare and contrast essay, we will explore the approaches to freedom of speech in the United States and the European Union, shedding light on their legal frameworks, historical backgrounds, and notable distinctions.

Example Conclusion Paragraph for a Compare and Contrast Freedom of Speech Essay: In conclusion, the comparison and contrast of freedom of speech in the United States and the European Union reveal the multifaceted nature of this fundamental right. As we examine these diverse perspectives, we gain a deeper appreciation for the complexities surrounding free expression in our globalized world.

Descriptive Essays

Descriptive essays on freedom of speech allow you to provide detailed accounts and analysis of specific instances, historical events, or contemporary debates related to free speech. Here are some topic ideas:

  • 1. Describe a landmark Supreme Court case related to freedom of speech, such as the "Tinker v. Des Moines Independent Community School District" case, and its significance in shaping free speech rights for students.
  • 2. Paint a vivid picture of a recent protest or demonstration where freedom of speech played a central role, discussing the motivations of the protesters, the public's response, and the outcomes of the event.

Example Introduction Paragraph for a Descriptive Freedom of Speech Essay: Freedom of speech is often tested and defined in the courtroom and in the streets. In this descriptive essay, we will delve into the landmark Supreme Court case "Tinker v. Des Moines Independent Community School District" and its profound impact on the free speech rights of students within the educational system.

Example Conclusion Paragraph for a Descriptive Freedom of Speech Essay: In conclusion, the descriptive exploration of the "Tinker" case illustrates the enduring struggle to balance students' free speech rights with the need for a productive educational environment. As we reflect on this historical event, we are reminded of the ongoing challenges in preserving and defining freedom of speech in schools.

Persuasive Essays

Persuasive essays on freedom of speech involve advocating for specific actions, policies, or changes related to the protection or limitations of free speech rights. Consider these persuasive topics:

  • 1. Persuade your audience of the importance of enacting legislation to combat "cancel culture" and protect individuals' right to express unpopular opinions without fear of social or professional consequences.
  • 2. Advocate for greater transparency and accountability in social media content moderation practices, highlighting the potential impact on free speech and the public's right to access diverse information.

Example Introduction Paragraph for a Persuasive Freedom of Speech Essay: The boundaries of free speech are continually tested in our rapidly changing society. In this persuasive essay, I will make a compelling case for the necessity of legislation to combat "cancel culture" and preserve individuals' right to express dissenting views without facing severe social or professional repercussions.

Example Conclusion Paragraph for a Persuasive Freedom of Speech Essay: In conclusion, the persuasive argument for legislation against "cancel culture" underscores the importance of safeguarding free speech in the face of societal pressures. As we advocate for change, we contribute to the preservation of a diverse and inclusive marketplace of ideas.

Narrative Essays

Narrative essays on freedom of speech allow you to share personal stories, experiences, or observations related to free speech, your encounters with debates or controversies, or the impact of free expression on your life. Explore these narrative essay topics:

  • 1. Narrate a personal experience where you exercised your right to free speech, detailing the circumstances, motivations, and reactions from others, and reflecting on the significance of your actions.
  • 2. Share a story of your involvement in a community or online discussion where freedom of speech played a central role, emphasizing the challenges and rewards of engaging in open dialogue.

Example Introduction Paragraph for a Narrative Freedom of Speech Essay: Freedom of speech is not just an abstract concept; it is a lived experience. In this narrative essay, I will take you through a personal journey where I exercised my right to free speech, recounting the circumstances, motivations, and the impact of my actions on those around me.

Example Conclusion Paragraph for a Narrative Freedom of Speech Essay: In conclusion, the narrative of my personal experience with free speech highlights the transformative power of open dialogue and individual expression. As we share our stories, we contribute to the rich tapestry of voices that define our commitment to this essential democratic principle.

The Significance of Freedom of Speech

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Freedom of speech is a fundamental human right that encompasses the liberty to express thoughts, opinions, beliefs, and ideas without fear of censorship, reprisal, or governmental interference.

1. The right to seek information and ideas; 2. The right to receive information and ideas; 3. The right to impart information and ideas.

The concept of freedom of speech has deep historical roots, originating from ancient civilizations and evolving through various historical contexts. The ancient Greeks, particularly in Athens, valued free expression and public debate, considering it essential for democratic governance. Similarly, the Roman Republic allowed citizens the freedom to express their opinions in political matters. The modern understanding of freedom of speech emerged during the Age of Enlightenment in the 17th and 18th centuries. Prominent thinkers like John Locke and Voltaire advocated for the right to express ideas without censorship or persecution. Their ideas influenced the development of democratic societies and the recognition of freedom of speech as a fundamental human right. The historical context of freedom of speech also includes pivotal moments, such as the American Revolution and the French Revolution. These revolutions challenged the existing oppressive regimes and led to the inclusion of free speech protections in their respective declarations of rights. Since then, the concept of freedom of speech has been enshrined in numerous international human rights documents, such as the Universal Declaration of Human Rights and the First Amendment to the United States Constitution.

The freedom of speech is a fundamental right protected by the First Amendment of the United States Constitution. It guarantees individuals the right to express their opinions, beliefs, and ideas without fear of government censorship or retaliation. The historical context of freedom of speech in the US can be traced back to the country's founding. The American Revolution and the subsequent establishment of the Constitution were driven by a desire for individual liberties, including the right to freely express oneself. Over the years, the interpretation and application of freedom of speech in the US have been shaped by landmark court cases. For instance, in the 1960s, the Supreme Court ruled in favor of protecting political and symbolic speech, even if it was controversial or dissenting. This period also saw the rise of the free speech movement, which advocated for greater rights on college campuses. However, the freedom of speech in the US is not absolute. Certain types of speech, such as obscenity, defamation, incitement to violence, and hate speech, are subject to limitations and can be legally restricted.

Thomas Jefferson: As one of the Founding Fathers of the United States, Jefferson was a staunch advocate for freedom of speech. He believed that a free exchange of ideas was vital for a democratic society and emphasized its protection in the First Amendment. Voltaire: A French philosopher and writer, Voltaire championed the principles of free expression and tolerance. His writings challenged oppressive regimes and promoted the idea that individuals should have the right to speak their minds without fear of persecution. Martin Luther King Jr.: Known for his leadership in the American civil rights movement, King passionately defended free speech as a means to advocate for social justice. His powerful speeches and peaceful protests were instrumental in promoting equality and challenging systemic racism. John Stuart Mill: An influential philosopher and political economist, Mill articulated the concept of the "marketplace of ideas" and argued for unrestricted freedom of speech. He believed that through open and robust debate, society could discover the truth and prevent the suppression of minority viewpoints.

Public opinion on the freedom of speech varies widely, reflecting the diversity of perspectives within societies around the world. While many individuals staunchly uphold the value and importance of free speech as a fundamental human right, others harbor concerns and reservations regarding its boundaries and potential consequences. Additionally, cultural and societal factors significantly shape public opinion on freedom of speech. Different countries and communities may have distinct historical experiences, cultural norms, and legal frameworks that influence their perspectives. The balance between individual freedoms and collective well-being may vary across societies, leading to differing opinions on where the boundaries of free speech should lie. Technological advancements and the rise of social media platforms have further complicated public opinion on freedom of speech. The digital age has enabled individuals to express their views on a global scale, amplifying the impact and reach of their words. However, it has also highlighted concerns about online harassment, the spread of misinformation, and the potential for manipulation and abuse of free speech rights. As a result, debates emerge around the role of platforms in regulating speech and ensuring the responsible use of online communication tools.

1. Protection of democratic principles 2. Advancement of knowledge and progress 3. Promotion of individual autonomy 4. Protection of minority rights 5. Defense against tyranny

1. Harmful and hateful speech 2. Protection of vulnerable groups 3. Misinformation and propaganda 4. Privacy and dignity 5. Societal stability and public safety

1. The recognition of speech protection can be traced back to the signing of the Magna Carta in 1215, marking an early milestone in safeguarding the freedom of expression. 2. In 399 BC, the renowned Greek philosopher Socrates faced persecution for his advocacy of unrestricted speech, showcasing the historical roots of the ongoing struggle for free speech rights. 3. A significant majority, approximately 70% of Americans, believe in the importance of granting individuals the right to free speech, even if their words are deemed highly offensive or controversial. 4. A pivotal moment for student rights came in 1969 with the Supreme Court case Tinker v. Des Moines, which affirmed that students maintain their right to free speech even within the confines of school hours.

The topic of freedom of speech is of immense importance for writing an essay due to its fundamental role in society. Freedom of speech is a cornerstone of democracy, enabling individuals to express their opinions, ideas, and beliefs openly without fear of censorship or retribution. It serves as a catalyst for societal progress, allowing for the exchange of diverse perspectives, critical thinking, and the challenging of established norms. Exploring the concept of freedom of speech in an essay provides an opportunity to delve into its historical significance and the ongoing struggles for its protection. It allows for an examination of the complex balance between free expression and the limitations necessary to prevent harm or hate speech. Additionally, discussing the importance of freedom of speech facilitates a deeper understanding of its role in fostering social justice, political discourse, and the protection of minority voices. Moreover, the topic invites exploration of contemporary issues such as online censorship, fake news, and the challenges posed by the digital age. By analyzing case studies, legal frameworks, and international perspectives, an essay on freedom of speech can shed light on the ongoing debates, dilemmas, and potential solutions to ensure its preservation in an ever-evolving society.

1. Sullivan, K. M. (2010). Two concepts of freedom of speech. Harvard Law Review, 124(1), 143-177. (https://www.jstor.org/stable/20788316) 2. Van Mill, D. (2002). Freedom of speech. (https://plato.stanford.edu/ENTRIES/freedom-speech/) 3. Bogen, D. (1983). The origins of freedom of speech and press. Md. L. Rev., 42, 429. (https://heinonline.org/HOL/LandingPage?handle=hein.journals/mllr42&div=20&id=&page=) 4. Yong, C. (2011). Does freedom of speech include hate speech?. Res Publica, 17, 385-403. (https://link.springer.com/article/10.1007/s11158-011-9158-y) 5. McHugh, M. R. (2004). Historiography and freedom of speech: the case of Cremutius Cordus. In Free Speech in Classical Antiquity (pp. 391-408). Brill. (https://brill.com/display/book/edcoll/9789047405689/B9789047405689-s018.xml) 6. Milo, D. (2008). Defamation and freedom of speech. (https://academic.oup.com/book/2591) 7. Helwig, C. C. (1998). Children's conceptions of fair government and freedom of speech. Child Development, 69(2), 518-531. (https://srcd.onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-8624.1998.tb06205.x) 8. Cheung, A. S. (2011). Exercising freedom of speech behind the great firewall: A study of judges’ and lawyers’ blogs in China. Harvard International Law Journal Online. (https://harvardilj.org/wp-content/uploads/sites/15/2011/04/HILJ-Online_52_Cheung1.pdf) 9. Nieuwenhuis, A. (2000). Freedom of speech: USA vs Germany and Europe. Netherlands Quarterly of Human Rights, 18(2), 195-214. (https://journals.sagepub.com/doi/pdf/10.1177/092405190001800203)

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  • Essay on Freedom of Speech in English Free PDF download

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Download Important English Essay on the Topic - Freedom of Speech Free PDF from Vedantu

One of the fundamental rights of the citizens of India is ‘Freedom of Speech’. This is allowed to the citizens by a lot of countries to empower the citizens to share their own thoughts and views. This freedom of speech essay is for students of class 5 and above. The language used in this essay is plain and simple for a better understanding of the students. This freedom of speech essay example will help the students write a paragraph on freedom of speech in their own words easily.

Long Essay on Freedom of Speech

The phrase “Freedom of Speech” has been misinterpreted by some individuals who either do not actually understand the meaning of the phrase completely or have a totally different agenda in mind altogether. Every democratic country gives its citizens this freedom. The same is guaranteed by the Constitution of India too. Irrespective of your gender, religion, caste, or creed, you are guaranteed that freedom as an Indian. The values of democracy in a country are defined by this guaranteed fundamental freedom. The freedom to practice any religion, the freedom to express opinions and disagreeing viewpoints without hurting the sentiments or causing violence is what India is essentially made up of.

Indians stand out for their secularism and for spreading democratic values across the world. Thus, to save and celebrate democracy, enforcing freedom of speech in India becomes a necessity. Freedom of speech is not only about the fundamental rights, it’s also a fundamental duty to be done by every citizen rightfully so as to save the essence of democracy.

In developed democracies like the US, UK, Germany or France, we see a “freedom of speech” that is different from what we see in authoritarian countries like China, Malaysia or Syria and failed democratic countries like Pakistan or Rwanda. These governance systems failed because they lacked freedom of speech. Freedom of press gives us a yardstick to gauge the freedom of speech in a country. A healthy, liberal and strong democracy is reflected by a strong media presence in a country, since they are supposed to be the voice of the common people. A democracy that has a stomach for criticisms and disagreements is taken in a positive way. 

Some governments get very hostile when faced with any form of criticism and so they try to oppress any voices that might stand against them. This becomes a dangerous model of governance for any country. For example, India has more than hundred and thirty crores of population now and we can be sure that every individual will not have the same thought process and same views and opinions about one thing. A true democracy is made by the difference of opinions and the respect people have for each other in the team that is responsible for making the policies.

Before making a choice, all aspects and angles of the topic should be taken into consideration. A good democracy will involve all the people - supporters and critics alike, before formulating a policy, but a bad one will sideline its critics, and force authoritarian and unilateral policies upon all of the citizens.

Sedition law, a British-era law, was a weapon that was used in India to stifle criticism and curb freedom of speech during the pre-independence era. Through section 124A of Indian Penal Code, the law states that if a person with his words, written or spoken, brings hatred, contempt or excites tension towards a government or an individual can be fined or jailed or fined and jailed both. This law was used by the Britishers to stifle the freedom fighters. Today it is being used by the political parties to silence criticism and as a result is harming the democratic values of the nation. 

Many laws in India also protect the people in rightfully exercising their freedom of expression but the implementation of these laws is proving to be a challenge. Freedom of speech cannot be absolute. In the name of freedom of speech, hatred, tensions, bigotry and violence too cannot be caused in the society. It will then become ironically wrong to allow freedom of speech in the first place. Freedom of speech and expression should not become the reason for chaos and anarchy in a nation. Freedom of speech was stifled when article 370 got revoked in Kashmir. Not that the government was trying to go against the democratic values, but they had to prevent the spread of fake news, terrorism or any type of communal tensions in those areas.

Short Essay on Freedom of Speech

Freedom of speech allows the people of our country to express themselves, and share their ideas, views and opinions openly. As a result, the public and the media can comment on any political activity and also express their dissent towards anything they think is not appropriate.

Various other countries too provide freedom of speech to their citizens but they have certain limitations. Different countries have different restrictions on their freedom of speech. Some countries also do not allow this fundamental right at all and the best example being North Korea. There, the media or the public are not allowed to speak against the government. It becomes a punishable offence to criticize the government or the ministers or the political parties.

Key Highlights of the Essay - Freedom of Speech

Every democratic country gives its citizens the Freedom of Speech so as to enable the citizens to freely express their individual views, ideas and concerns. The freedom to be able to practice any religion, to be able to express individual secularism and for spreading democratic values across the world. In order to be able to save and to celebrate democracy, enforcing freedom of speech in India Is essential. Freedom of speech  about fundamental rights is also a fundamental duty of citizens in order to save the essence of democracy.  In a country, a healthy, liberal and strong democracy is always  reflected and can be seen through a strong media presence, as the media are the voice of the common people.  When faced with any form of criticism, we see some governments get very hostile,  and they  try to oppress  and stop any kind of  voices that might go against them. This is not favorable for any country. 

A good democracy involves all the people - all their various  supporters and critics alike, before they begin formulating any policies. India had the Sedition law, a British-era law that is used to stifle criticism and curb freedom of speech during the pre-independence era. The section 124A of Indian Penal Code, this law of sedition stated that if a person with his words, written or spoken, brings hatred, contempt or excites tension towards a government or an individual, then he can be fined or jailed or both. Using  freedom of speech, people spread hatred, unnecessary tensions, bigotry and some amount of violence too in the society. Ironically  in such cases, it will be wrong to allow freedom of speech. The reasons for chaos and anarchy in a nation should not be due to  Freedom of speech and expression. This law was stifled when article 370 got revoked in Kashmir, in order to prevent the spread of fake news, terrorism or any type of communal tensions in those areas.

Freedom of speech gives people of our country, the freedom to express themselves, to be able to share their ideas, views and opinions openly, where the public and the media can express and comment on any political activities and can also be able to express their dissent towards anything they think is not appropriate. Different countries have different restrictions on their freedom of speech. And it is not proper to comment on that .In Fact, there are some countries which does not allow this fundamental right , for example, North Korea where neither the media nor the public have any right to speak against or even for the government and it is a punishable offense to openly criticize the government or the or anyone in particular.

While freedom of speech lets the society grow it could have certain negative outcomes. It should not be used to disrespect or instigate others. The media too should not misuse it. We, the people of this nation, should act responsibly towards utilizing its freedom of speech and expression. Lucky we are to be citizens of India. It’s a nation that respects all its citizens and gives them the rights needed for their development and growth.

A fundamental right of every citizen of India, the  ‘Freedom of Speech’ allows citizens to share their individual thoughts and views.

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FAQs on Essay on Freedom of Speech in English Free PDF download

1. Mention five lines for Freedom of Speech Essay?

i) A fundamental right that is guaranteed to citizens of a country to be able to express their opinions and points of view without any kind of censorship.

ii) A democracy’s health depends on the extent of freedom of expression of all its citizens.

iii) Freedom of speech is never absolute in nature.

iv) New Zealand, USA or UK rank  high in terms of freedom of speech by its citizens.

v) A fundamental right in the Indian constitution is the Freedom of Speech and Expression.

2. Explain Freedom of Speech?

A fundamental right of every citizen of India, Freedom Of Speech allows every citizen the freedom and the right to express all their views, concerns, ideas and issues relating to anything about their country. Freedom of Speech is never actual in nature  and has its limits too. It cannot be used for any kind of illegal purposes.The health of a democracy depends on the extent of freedom of expression of its citizens.

3. What happens when there is no Freedom of Speech?

A country will become a police and military state with no democratic and humanitarian values in it if there is no freedom of speech. Freedom of Speech is a fundamental right for all citizens, and a failure to not being able to express one’s ideas, beliefs, and thoughts will result in a non authoritarian and non democratic country.  Failure to have freedom of speech in a country would mean that the rulers or the governments of those countries have no respect for its citizens.

4. Where can we get study material related to essay writing ?

It is important to practice some of the important questions in order to do well. Vedantu.com offers these important questions along with answers that have been formulated in a well structured, well researched, and easy to understand manner. Various essay writing topics, letter writing samples, comprehension passages are all available at the online portals today. Practicing and studying with the help of these enable the students to measure their level of proficiency, and also allows them to understand the difficult questions with ease. 

You can avail all the well-researched and good quality chapters, sample papers, syllabus on various topics from the website of Vedantu and its mobile application available on the play store. 

5. Why should students choose Vedantu for an essay on the topic 'Freedom of Speech’?

Essay writing is important for students   as it helps them increase their brain and vocabulary power. Today it is important to be able to practice some important topics, samples and questions to be able to score well in the exams. Vedantu.com offers these important questions along with answers that have been formulated in a well structured, well researched, and easy to understand manner. The NCERT and other study material along with their explanations are very easily accessible from Vedantu.com and can be downloaded too. Practicing with the help of these questions along with the solutions enables the students to measure their level of proficiency, and also allows them to understand the difficult questions with ease. 

6. What is Freedom of Speech?

Freedom of speech is the ability to express our opinions without any fear.

7. Which country allows the highest level of Freedom of Speech to its citizens?

The USA is at the highest with a score of 5.73.

8. Is Freedom of Speech absolute?

No, freedom of speech cannot be absolute. It has limitations.

introduction for freedom of speech essay

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Freedom of Speech

By: History.com Editors

Updated: July 27, 2023 | Original: December 4, 2017

A demonstration against restrictions on the sale of alcohol in the united states of America.Illustration showing a demonstration against restrictions on the sale of alcohol in the united states of America 1875. (Photo by: Universal History Archive/Universal Images Group via Getty Images)

Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech are—and aren’t—protected under U.S. law.

The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word “parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek literature around the end of the fifth century B.C.

During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings.

First Amendment

In the United States, the First Amendment protects freedom of speech.

The First Amendment was adopted on December 15, 1791 as part of the Bill of Rights—the first ten amendments to the United States Constitution . The Bill of Rights provides constitutional protection for certain individual liberties, including freedoms of speech, assembly and worship.

The First Amendment doesn’t specify what exactly is meant by freedom of speech. Defining what types of speech should and shouldn’t be protected by law has fallen largely to the courts.

In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship.

It protects all forms of communication, from speeches to art and other media.

Flag Burning

While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.

Flag burning is an example of symbolic speech that is protected under the First Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the Reagan administration.

The U.S. Supreme Court , in 1990, reversed a Texas court’s conviction that Johnson broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.

When Isn’t Speech Protected?

Not all speech is protected under the First Amendment.

Forms of speech that aren’t protected include:

  • Obscene material such as child pornography
  • Plagiarism of copyrighted material
  • Defamation (libel and slander)
  • True threats

Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either.

The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the United States entered into World War I . The law prohibited interference in military operations or recruitment.

Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating the “clear and present danger” standard, explaining when the government is allowed to limit free speech. In this case, they viewed draft resistant as dangerous to national security.

American labor leader and Socialist Party activist Eugene Debs also was arrested under the Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs argued that he was exercising his right to free speech and that the Espionage Act of 1917 was unconstitutional. In Debs v. United States the U.S. Supreme Court upheld the constitutionality of the Espionage Act.

Freedom of Expression

The Supreme Court has interpreted artistic freedom broadly as a form of free speech.

In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm. Shouting “fire!” in a crowded theater and causing a stampede would be an example of direct and imminent harm.

In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle called “content neutrality.” Content neutrality means the government can’t censor or restrict expression just because some segment of the population finds the content offensive.

Free Speech in Schools

In 1965, students at a public high school in Des Moines, Iowa , organized a silent protest against the Vietnam War by wearing black armbands to protest the fighting. The students were suspended from school. The principal argued that the armbands were a distraction and could possibly lead to danger for the students.

The Supreme Court didn’t bite—they ruled in favor of the students’ right to wear the armbands as a form of free speech in Tinker v. Des Moines Independent School District . The case set the standard for free speech in schools. However, First Amendment rights typically don’t apply in private schools.

What does free speech mean?; United States Courts . Tinker v. Des Moines; United States Courts . Freedom of expression in the arts and entertainment; ACLU .

introduction for freedom of speech essay

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Freedom Of Speech - Essay Examples And Topic Ideas For Free

Freedom of speech is a principle that supports the freedom of an individual or community to articulate their opinions without fear of retaliation, censorship, or legal sanction. Essays could explore the various interpretations of freedom of speech, its limitations, and its impact on democracy and societal harmony. A vast selection of complimentary essay illustrations pertaining to Freedom Of Speech you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Freedom of Speech and Censorship

The government needs to also look at the First amendment that gives Americans the freedom of speech. Although freedom of speech gave the Americans an opportunity to express themselves, it came with some disadvantages. Some individuals used this freedom to propagate hatred especially racism. Individuals who had something against the blacks would use the freedom of expression clause to protect themselves before making hateful remarks. They would propagate hate between the African Americans and the whites. Some leaders were known […]

Freedom of Speech should not be Limited

Literature has always been tricky. At times, people find certain books to be offensive or inappropriate. People will even go to great lengths to challenge or ban books just because of differing opinions. Limiting free speech has been a constant and continuous argument throughout history. One side argues that certain pieces of writing should be banned or censored due to words, content and themes that are either viewed as inappropriate, controversial or contain language that is no longer acceptable. Violence, […]

First Amendment Values

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How To Write an Essay About Freedom Of Speech

Understanding the concept of freedom of speech.

Before you start writing an essay about freedom of speech, it is important to understand what the concept entails. Freedom of speech, often considered a fundamental human right, is the ability to express one's opinions and ideas without fear of government retaliation or censorship. Begin your essay by defining freedom of speech and its importance in a democratic society. You might also want to explore its historical origins, how it has evolved over time, and how it is implemented in different countries. This foundational understanding sets the stage for a more in-depth exploration of the topic.

Developing a Thesis Statement

A compelling essay on freedom of speech should have a clear and concise thesis statement. This statement should present your unique perspective or argument about freedom of speech. For instance, you might argue that freedom of speech is essential for democracy, or that there should be limitations to freedom of speech to prevent hate speech and misinformation. Your thesis will guide the direction of your essay and provide a central argument for your readers to consider.

Gathering Supporting Evidence

To support your thesis, gather relevant evidence and examples. This might include legal cases, historical examples, current events, or academic research. For example, if you are discussing the limitations of freedom of speech, you might examine specific legal cases that demonstrate the consequences of unchecked speech. This evidence is crucial as it backs up your argument and provides a solid foundation for your essay.

Analyzing Different Perspectives

An essay about freedom of speech should also consider different perspectives and counterarguments. This could include examining arguments for and against limitations on speech, such as national security concerns, hate speech laws, or the right to protest. Discussing these different viewpoints shows a comprehensive understanding of the topic and can strengthen your argument by demonstrating that you have considered various angles.

Concluding Your Essay

Your conclusion should summarize the main points of your essay and restate your thesis in light of the evidence and discussion provided. It's an opportunity to emphasize the importance of freedom of speech and its impact on society. You might also want to highlight any areas where further research or discussion is needed, or the potential future challenges to freedom of speech.

Final Review and Editing

After writing your essay, review and edit it for clarity, coherence, and accuracy. Ensure that your arguments are well-structured and supported by evidence. Pay attention to grammar and syntax to ensure your writing is clear and professional. Seeking feedback from others can also provide new insights and help polish your essay. A well-written essay on freedom of speech not only reflects your understanding of the topic but also your ability to engage critically with complex societal issues.

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Student Opinion

Why Is Freedom of Speech an Important Right? When, if Ever, Can It Be Limited?

introduction for freedom of speech essay

By Michael Gonchar

  • Sept. 12, 2018

This extended Student Opinion question and a related lesson plan were created in partnership with the National Constitution Center in advance of Constitution Day on Sept. 17. For information about a cross-classroom “Constitutional Exchange,” see The Lauder Project .

One of the founding principles of the United States that Americans cherish is the right to freedom of speech. Enshrined in the First Amendment to the Constitution, freedom of speech grants all Americans the liberty to criticize the government and speak their minds without fear of being censored or persecuted.

Even though the concept of freedom of speech on its face seems quite simple, in reality there are complex lines that can be drawn around what kinds of speech are protected and in what setting.

The Supreme Court declared in the case Schenck v. United States in 1919 that individuals are not entitled to speech that presents a “clear and present danger” to society. For example, a person cannot falsely yell “fire” in a crowded theater because that speech doesn’t contribute to the range of ideas being discussed in society, yet the risk of someone getting injured is high. On the other hand, in Brandenburg v. Ohio in 1969, the court declared that even inflammatory speech, such as racist language by a leader of the Ku Klux Klan, should generally be protected unless it is likely to cause imminent violence.

While the text and principle of the First Amendment have stayed the same, the court’s interpretation has indeed changed over time . Judges, lawmakers and scholars continue to struggle with balancing strong speech protections with the necessity of maintaining a peaceful society.

What do you think? Why is the freedom of speech an important right? Why might it be important to protect even unpopular or hurtful speech? And yet, when might the government draw reasonable limits on speech, and why?

Before answering this question, read the full text of the amendment. What does it say about speech?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Next, read these excerpts from three recent articles about free speech cases that might affect your life:

In a September 2017 article, “ High Schools Threaten to Punish Students Who Kneel During Anthem ,” Christine Hauser writes:

The controversy over kneeling in protest of racial injustice moved beyond the world of professional sports this week, when a number of schools told students they were expected to stand during the national anthem. On Long Island, the Diocese of Rockville Centre, which runs a private Catholic school system, said students at its three high schools could face “serious disciplinary action” if they knelt during the anthem before sporting events.

In a June 2018 article, “ Colleges Grapple With Where — or Whether — to Draw the Line on Free Speech ,” Alina Tugend writes:

It has happened across the country, at small private colleges and large public universities: an invited guest is heckled or shouted down or disinvited because of opposing political views. And the incident is followed by a competing chorus of accusations about the rights of free speech versus the need to feel safe and welcome. It’s something those in higher education have grappled with for decades. But after the 2016 presidential election and the increasing polarization of the country, the issue has taken on a new resonance.

In another June 2018 article, “ Supreme Court Strikes Down Law Barring Political Apparel at Polling Places ,” Adam Liptak writes:

The Supreme Court on Thursday struck down a Minnesota law that prohibits voters from wearing T-shirts, hats and buttons expressing political views at polling places. In a cautious 7-to-2 decision, the court acknowledged the value of decorum and solemn deliberation as voters prepare to cast their ballots. But Chief Justice John G. Roberts Jr. wrote that Minnesota’s law was not “capable of reasoned application.”

Students, read at least one of the above articles in its entirety, then tell us:

— Why is the freedom of speech an important right? Why do you think it’s worth protecting?

— What is the value in protecting unpopular speech?

— The Supreme Court has determined that certain types of speech, such as fighting words, violent threats and misleading advertising, are of only “low” First Amendment value because they don’t contribute to a public discussion of ideas, and are therefore not protected. Even though the text of the First Amendment does not make any distinction between “low” and “high” value speech, do you think the court is correct in ruling that some categories of speech are not worth protecting? What types of speech would you consider to be “low” value? What types of speech are “high” value, in your opinion?

— What do you think about the free speech issues raised in the three articles above? For example:

• Should students be allowed to kneel during the national anthem? Why? • Should colleges be allowed to forbid controversial or “offensive” guests from speaking on campus? Why? • Should individuals be able to wear overtly political T-shirts or hats to the polling booth? Why?

— When might the government draw reasonable limits to the freedom of speech, and why?

— We now want to ask you an important constitutional question: When does the First Amendment allow the government to limit speech? We want to hear what you think. But to clarify, we’re not asking for your opinion about policy. In other words, we’re not asking whether a certain type of speech, like flag burning or hate speech, should be protected or prohibited. Instead, we’re asking you to interpret the Constitution: Does the First Amendment protect that speech?

Do your best to base your interpretation on the text of the amendment itself and your knowledge of how it can be understood. You may want to consult this essay in the National Constitution Center’s Interactive Constitution to learn more about how scholars and judges have interpreted the First Amendment, but rest assured, you don’t have to be a Supreme Court justice to have an opinion on this matter, and even the justices themselves often disagree.

— When you interpret the First Amendment, what do you think it has to say about the free speech issues raised in the three articles. For example:

• Does the First Amendment protect the right of students at government-run schools (public schools) to protest? What about students who attend private schools? • Does the First Amendment allow private colleges to prohibit certain controversial speakers? What about government-run colleges (public colleges)? • Finally, does the First Amendment protect voters’ right to wear whatever they want to the polling booth?

Are any of your answers different from your answers above, when you answered the three “should” questions?

— When scholars, judges and lawmakers try to balance strong speech protections with the goal of maintaining a peaceful society, what ideas or principles do you think are most important for them to keep in mind? Explain.

Students 13 and older are invited to comment. All comments are moderated by the Learning Network staff, but please keep in mind that once your comment is accepted, it will be made public.

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Freedom of Speech

This entry explores the topic of free speech. It starts with a general discussion of freedom in relation to speech and then moves on to examine one of the first, and best, defenses of free speech based on the harm principle. This provides a useful starting point for further digressions on the subject. The discussion moves on from the harm principle to assess the argument that speech can be limited because it causes offense rather than direct harm. I then examine arguments that suggest speech can be limited for reasons of democratic equality. I finish with an examination of paternalistic and moralistic reasons against protecting speech, and a reassessment of the harm principle.

1. Introduction: Boundaries of the Debate

2.1 john stuart mill's harm principle, 2.2 mill's harm principle and pornography, 2.3 mill's harm principle and hate speech, 3.1 joel feinberg's offense principle, 3.2 pornography and the offense principle, 3.3 hate speech and the offense principle, 4.1 democratic citizenship and pornography, 4.2 democratic citizenship and hate speech, 4.3 paternalistic justification for limiting speech, 5. back to the harm principle, 6. conclusion, bibliography, other internet resources, related entries.

The topic of free speech is one of the most contentious issues in liberal societies. If the liberty to express oneself is not highly valued, as has often been the case, there is no problem: freedom of expression is simply curtailed in favor of other values. Free speech becomes a volatile issue when it is highly valued because only then do the limitations placed upon it become controversial. The first thing to note in any sensible discussion of freedom of speech is that it will have to be limited. Every society places some limits on the exercise of speech because speech always takes place within a context of competing values. In this sense, Stanley Fish is correct when he says that there is no such thing as free speech. Free speech is simply a useful term to focus our attention on a particular form of human interaction and the phrase is not meant to suggest that speech should never be interfered with. As Fish puts it, “free speech in short, is not an independent value but a political prize” (1994,102). No society has yet existed where speech has not been limited to some extent. As John Stuart Mill argued in On Liberty , a struggle always takes place between the competing demands of liberty and authority, and we cannot have the latter without the former:

All that makes existence valuable to anyone depends on the enforcement of restraints upon the actions of other people. Some rules of conduct, therefore, must be imposed—by law in the first place, and by opinion on many things which are not fit subjects for the operation of law. (1978, 5)

The task, therefore, is not to argue for an unlimited domain of free speech; such a concept cannot be defended. Instead, we need to decide how much value we place on speech in relation to the value we place on other important ideals: “speech, in short, is never a value in and of itself but is always produced within the precincts of some assumed conception of the good” (Fish, 1994, 104). In this essay, we will examine some conceptions of the good that are deemed to be acceptable limitations on speech. We will start with the harm principle and then move on to other more encompassing arguments for limiting speech.

Before we do this, however, the reader might wish to disagree with the above claims and warn of the dangers of the “slippery slope.” Those who support the slippery slope argument warn that the consequence of limiting speech is the inevitable slide into censorship and tyranny. Such arguments assume that we can be on or off the slope. In fact, no such choice exists: we are necessarily on the slope whether we like it or not, and the task is always to decide how far up or down we choose to go, not whether we should step off the slope altogether. It is worth noting that the slippery slope argument can be used to make the opposite point; one could argue with equal force that we should never allow any removal of government intervention because once we do we are on the slippery slope to anarchy, the state of nature, and a life that Hobbes described in Leviathan as “solitary, poore, nasty, brutish, and short” (1968, 186).

Another thing to note before we engage with the harm principle is that we are in fact free to speak as we like. Hence, freedom of speech differs from some other forms of freedom of action. If the government wants to prevent citizens engaging in certain actions, riding motor bikes for example, it can limit their freedom to do so by making sure that such vehicles are no longer available. For example, current bikes could be destroyed and a ban can be placed on future imports. Freedom of speech is a different case. A government cannot make it impossible to say certain things. The only thing it can do is punish people after they have said, written or published their thoughts. This means that we are free to speak or write in a way that we are not free to ride outlawed motorbikes. This is an important point; if we insist that legal prohibitions remove freedom then we have to hold the incoherent position that a person was unfree at the very moment she performed an action. The government would have to remove our vocal chords for us to be unfree in the same way as the motorcyclist is unfree.

A more persuasive analysis of freedom of speech suggests that the threat of a sanction makes it more difficult and potentially more costly to exercise our freedom. Such sanctions take two major forms. The first, and most serious, is legal punishment by the state, which usually consists of a financial penalty, but can stretch occasionally to imprisonment. The second threat of sanction comes from social disapprobation. People will often refrain from making public statements because they fear the ridicule and moral outrage of others. For example, one could expect a fair amount of these things if one made racist comments during a public lecture at a university. Usually it is the first type of sanction that catches our attention but, as we will see, John Stuart Mill provides a strong warning about the chilling effect of the latter form of social control.

We seem to have reached a paradoxical position. I started by claiming that there can be no such thing as a pure form of free speech: now I seem to be arguing that we are, in fact, free to say anything we like. The paradox is resolved by thinking of free speech in the following terms. I am, indeed, free to say what I like, but the state and other individuals can sometimes make that freedom more or less costly to exercise. This leads to the conclusion that we can attempt to regulate speech, but we cannot prevent it if a person is undeterred by the threat of sanction. The issue, therefore, boils down to assessing how cumbersome we wish to make it for people to say certain things. The best way to resolve the problem is to ignore the question of whether or not it is legitimate to attach penalties to some forms of speech. I have already suggested that all societies do (correctly) place some limits on free speech. If the reader doubts this, it might be worth reconsidering what life would be like with no prohibitions on libelous statements, child pornography, advertising content, and releasing state secrets. The list could go on. The real problem we face is deciding where to place the limits, and the next sections of the essay look at some possible solutions to this puzzle.

2. The Harm Principle and Free Speech

Given that Mill presented one of the first, and still perhaps the most famous liberal defense of free speech, I will focus on his claims in this essay and use them as a springboard for a more general discussion of free expression. In the footnote at the beginning of Chapter II of On Liberty , Mill makes a very bold statement:

If the arguments of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered. (1978, 15)

This is a very strong defense of free speech; Mill tells us that any doctrine should be allowed the light of day no matter how immoral it may seem to everyone else. And Mill does mean everyone:

If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind. (1978, 16)

Such liberty should exist with every subject matter so that we have “absolute freedom of opinion and sentiment on all subjects, practical or speculative, scientific, moral or theological” (1978, 11). Mill claims that the fullest liberty of expression is required to push our arguments to their logical limits, rather than the limits of social embarrassment. Such liberty of expression is necessary, he suggests, for the dignity of persons.

This is as strong an argument for freedom of speech as we are likely to find. But as I already noted above, Mill also suggests that we need some rules of conduct to regulate the actions of members of a political community. The limitation he places on free expression is “one very simple principle,” now usually referred to as the Harm Principle, which states that

the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. (1978, 9)

There is a great deal of debate about what Mill had in mind when he referred to harm; for the purposes of this essay he will be taken to mean that an action has to directly and in the first instance invade the rights of a person (Mill himself uses the term rights, despite basing the arguments in the book on the principle of utility). The limits on free speech will be very narrow because it is difficult to support the claim that most speech causes harm to the rights of others. This is the position staked out by Mill in the first two chapters of On Liberty and it is a good starting point for a discussion of free speech because it is hard to imagine a more liberal position. Liberals find it very difficult to defend free speech once it can be demonstrated that its practice does actually invade the rights of others.

If we accept the argument based on the harm principle we need to ask “what types of speech, if any, cause harm?” Once we can answer this question, we have found the appropriate limits to free expression. The example Mill uses is in reference to corn dealers; he suggests that it is acceptable to claim that corn dealers starve the poor if such a view is expressed through the medium of the printed page. It is not acceptable to express the same view to an angry mob, ready to explode, that has gathered outside the house of the corn dealer. The difference between the two is that the latter is an expression “such as to constitute…a positive instigation to some mischievous act,” (1978, 53), namely, to place the rights, and possibly the life, of the corn dealer in danger. As Daniel Jacobson (2000) notes, it is important to remember that Mill will not sanction limits to free speech simply because someone is harmed by the statements of others. For example, the corn dealer may suffer severe financial hardship if he is accused of starving the poor. Mill distinguishes between legitimate and illegitimate harm, and it is only when speech causes a direct and clear violation of rights that it can be limited. The fact that Mill does not count accusations of starving the poor as causing legitimate harm to the rights of corn dealers suggests he wished to apply the harm principle sparingly. Other examples where the harm principle may apply include libel laws, blackmail, advertising blatant untruths about commercial products, advertising dangerous products to children (e.g. cigarettes), and securing truth in contracts. In most of these cases, it is possible to make an argument that harm has been committed and that rights have been violated.

There are other instances when the harm principle has been invoked but where it is more difficult to demonstrate that rights have been violated. Perhaps the most obvious example of this is the debate over pornography. As Feinberg notes in Offense to Others: the Moral Limits of the Criminal Law most attacks on pornography up to the 1970's were from social conservatives who found such material to be immoral and obscene; (Feinberg notes that there is no necessary link between pornography and obscenity; pornography is material that is intended to cause sexual arousal, whereas something is obscene when it causes repugnance, revulsion and shock. Pornography can be, but is not necessarily, obscene). In recent times the cause against pornography has been joined by some feminists who have maintained that pornography degrades, endangers, and harms the lives of women. This argument, to have force, must distinguish between pornography as a general class of material (aimed at sexual arousal) and pornography that causes harm by depicting acts that violently abuse women. If it can be demonstrated that this latter material significantly increases the risk that men will commit acts of physical violence against women, the harm principle can legitimately be invoked.

When pornography involves young children, most people will accept that it should be prohibited because of the harm that is being done to persons under the age of consent. It has proved much more difficult to make the same claim for consenting adults. It is hard to show that the actual people who appear in the books, magazines, films, videos and on the internet are being physically harmed, and it is even more difficult to demonstrate that harm results for women as a whole. Very few people would deny that violence against women is abhorrent and an all too common feature of our society, but how much of this is caused by violent pornography? One would have to show that a person who would not otherwise rape or batter females was caused to do so through exposure to material depicting violence to women.

Andrea Dworkin (1981) has attempted to show that harm is caused to women by pornography, but it has proven very difficult to draw a conclusive causal relationship. If pornographers were exhorting their readers to commit violence and rape, the case for prohibition would be much stronger, but they tend not to do this, just as films that depict murder do not actively incite the audience to mimic what they see on the screen. Remember that Mill's formulation of the harm principle suggests only speech that directly harms the rights of others in an illegitimate manner should be banned; finding such material offensive, obscene or outrageous is not sufficient grounds for prohibition. Overall, it seems very difficult to mount a compelling case for banning pornography (except in the case of minors) based on the concept of harm as formulated by Mill.

Another difficult case is hate speech. Most European liberal democracies have limitations on hate speech, but it is debatable whether these can be justified by the harm principle as formulated by Mill. One would have to show that such speech violated rights, directly and in the first instance. A famous example of hate speech is the Nazi march through Skokie, Illinois. In fact, the intention was not to engage in political speech at all, but simply to march through a predominantly Jewish community dressed in storm trooper uniforms and wearing swastikas (although the Illinois Supreme Court interpreted the wearing of swastikas as “symbolic political speech”). It is clear that most people, especially those who lived in Skokie, were outraged and offended by the march, but were they harmed? There was no plan to cause physical injury and the marchers did not intend to damage property.

The main argument against allowing the march, based on the harm principle, was that it would cause harm by inciting opponents of the march to riot. The problem with this claim is that it is the harm that could potentially be done to the people speaking that becomes the focal point and not the harm done to those who are the subject of the hate. To ban speech for this reason, i.e., for the good of the speaker, tends to undermine the basic right to free speech in the first place. If we turn to the local community who were on the wrong end of hate speech we might want to claim that they could be psychologically harmed, but this is more difficult to demonstrate than harm to a person's legal rights. It seems, therefore, that Mill's argument does not allow for state intervention in this case. If we base our defense of speech on the harm principle we are going to have very few sanctions imposed on the spoken and written word. It is only when we can show direct harm to rights, which will almost always mean when an attack is made against a specific individual or a small group of persons, that it is legitimate to impose a sanction. One response is to suggest that the harm principle can be defined in a less stringent manner than Mill's formulation. This is a complicated issue that I cannot delve into here. Suffice it to say that if we can, then more options might become available for prohibiting hate speech and violent pornography.

There are two basic responses to the harm principle as a means of limiting speech. One is that it is too narrow; the other is that it is too broad. This latter view is not often expressed because, as already noted, most people think that free speech should be limited if it does cause illegitimate harm. George Kateb (1996), however, has made an interesting argument that runs as follows. If we want to limit speech because of harm then we will have to ban a lot of political speech. Most of it is useless, a lot of it is offensive, and some of it causes harm because it is deceitful, and because it is aimed at discrediting specific groups. It also undermines democratic citizenship and stirs up nationalism and jingoism, which results in harm to citizens of other countries. Even worse than political discourse, according to Kateb, is religious speech; he claims that a lot of religious speech is hateful, useless, dishonest, and ferments war, bigotry and fundamentalism. It also creates bad self-image and feelings of guilt that can haunt persons throughout their lives. Pornography and hate speech, he claims, cause nowhere near as much harm as political and religious speech. His conclusion is that we do not want to ban these forms of speech and the harm principle, therefore, casts its net too far. Kateb's solution is to abandon the principle in favor of almost unlimited speech.

This is a powerful argument, but there seem to be at least two problems with the analysis. The first is that the harm principle would actually allow religious and political speech for the same reasons that it allows pornography and hate speech, namely that it is not possible to demonstrate that such speech does cause direct harm to rights. I doubt that Mill would support using his arguments about harm to ban political and religious speech. The second problem for Kateb is that if we accept he is right that such speech does cause harm in the sense of violating rights, the correct response is surely to start limiting political and religious speech. If Kateb's argument is sound he has shown that harm is more extensive than we might have thought; he has not demonstrated that the harm principle is invalid.

3. The Offense Principle and Free Speech

The other response to the harm principle is that it does not reach far enough. One of the most impressive arguments for this position comes from Joel Feinberg, who suggests that the harm principle cannot shoulder all of the work necessary for a principle of free speech. In some instances, Feinberg suggests, we also need an offense principle that can act as a guide to public censure. The basic idea is that the harm principle sets the bar too high and that we can legitimately prohibit some forms of expression because they are very offensive. Offending someone is less serious than harming someone, so the penalties imposed should be less severe than those for causing harm. As Feinberg notes, however, this has not always been the case and he cites a number of instances in the U.S. where penalties for sodomy and consensual incest have ranged from twenty years imprisonment to the death penalty. These are victimless crimes and hence the punishment has to have a basis in the supposed offensiveness of the behavior rather than the harm that is caused.

Such a principle is difficult to apply because many people take offense as the result of an overly sensitive disposition, or worse, because of bigotry and unjustified prejudice. At other times some people can be deeply offended by statements that others find mildly amusing. The furore over the Danish cartoons brings this starkly to the fore. Despite the difficulty of applying a standard of this kind, something like the offense principle operates widely in liberal democracies where citizens are penalized for a variety of activities, including speech, that would escape prosecution under the harm principle. Wandering around the local shopping mall naked, or engaging in sexual acts in public places are two obvious examples. Given the specific nature of this essay, I will not delve into the issue of offensive behavior in all its manifestations, and I will limit the discussion to offensive forms of speech. Feinberg suggests that a variety of factors need to be taken into account when deciding whether speech can be limited by the offense principle. These include the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offense, and the general interest of the community at large.

How does the offense principle help us deal with the issue of pornography? Given the above criteria, Feinberg argues that books should never be banned because the offensive material is easy to avoid. If one has freely decided to read the book for pleasure, the offense principle obviously does not apply, and if one does not want to read it, it is easily avoidable. And if one is unaware of the content and should become offended in the course of reading the text, the solution is simple-one simply closes the book. A similar argument would be applied to pornographic films. The French film Bais-Moi was in essence banned in Australia in 2002 because of its offensive material (it was denied a rating which meant that it could not be shown in cinemas). It would seem, however, that the offense principle outlined by Feinberg would not permit such prohibition because it is very easy to avoid being offended by the film. It should also be legal to advertise the film, but some limits could be placed on the content of the advertisement so that sexually explicit material is not placed on billboards in public places (because these are not easily avoidable). At first glance it might seem strange to have a more stringent speech code for advertisements than for the thing being advertised; the harm principle would not provide the grounds for such a distinction, but it is a logical conclusion of the offense principle.

What of pornography that is extremely offensive because of its violent or degrading content? In this case the offense is more profound: simply knowing that such films exist is enough to deeply offend many people. The difficulty here is that bare knowledge, i.e., being offended by merely knowing that something exists or is taking place, is not as serious as being offended by something that one does not like and that one cannot escape. If we allow that films should be banned because some people are offended, even when they do not have to view them, logical consistency demands that we allow the possibility of prohibiting many forms of expression. Many people find strong attacks on religion, or t.v. shows by religious fundamentalists deeply offensive. Hence, Feinberg argues that even though some forms of pornography are profoundly offensive to a lot of people, they should still be permitted.

Hate speech causes profound and personal offense. The discomfort that is caused to those who are the object of such attacks cannot easily be shrugged off. As in the case of violent pornography, the offense that is caused by the march through Skokie cannot be avoided simply by staying off the streets because the offense is taken over the bare knowledge that the march is taking place. As we have seen, however, bare knowledge does not seem sufficient grounds for prohibition. If we examine some of the other factors regarding offensive speech mentioned above, Feinberg suggests that the march through Skokie does not do very well: the social value of the speech seems to be marginal, the number of people offended will be large, and it is difficult to see how it is in the interests of the community. These reasons also hold for violent pornography.

A key difference, however, is in the intensity of the offense; it is particularly acute with hate speech because it is aimed at a relatively small and specific audience. The motivations of the speakers in the Skokie example seemed to be to incite fear and hatred and to directly insult the members of the community with Nazi symbols. Nor, according to Feinberg, was there any political content to the speech. The distinction between violent pornography and this specific example of hate speech is that a particular group of people were targeted and the message of hate was paraded in such a way that it could not be easily avoided.It is for these reasons that Feinberg suggests hate speech can be limited.

He also claims that when fighting words are used to provoke people who are prevented by law from using a fighting response, the offense is profound enough to allow for prohibition. If pornographers engaged in the same behavior, parading through neighborhoods where they were likely to meet great resistance and cause profound offense, they too should be prevented from doing so. It is clear, therefore, that the crucial component of the offense principle is the avoidability of the offensive material. For the argument to be consistent, it must follow that many forms of hate speech should still be allowed if the offense is easily avoidable. Nazis can still meet in private places, or even in public ones that are easily bypassed. Advertisements for such meetings can be edited (because they are less easy to avoid) but should not be banned.

4. Democracy and Free Speech

Very few liberals take the Millian view that only speech causing direct harm should be prohibited; most support some form of the offense principle. Some are willing to extend the realm of state interference further and argue that hate speech should be banned even if it does not cause harm or unavoidable offense. The reason it should be banned is that it is inconsistent with the underlying values of liberal democracy to brand some citizens as inferior to others on the grounds of race or sexual orientation. The same applies to pornography; it should be prevented because it is incompatible with democratic citizenship to portray women as sexual objects, who are often violently mistreated. Rae Langton, for example, starts from the liberal premise of equal concern and respect and concludes that it is justifiable to remove certain speech protections for pornographers. She avoids basing her argument on harm: “If, for example, there were conclusive evidence linking pornography to violence, one could simply justify a prohibitive strategy on the basis of the harm principle. However, the prohibitive arguments advanced in this article do not require empirical premises as strong as this…they rely instead on the notion of equality” (1990, 313).

Working within the framework of arguments supplied by Ronald Dworkin, who is opposed to prohibitive measures, she tries to demonstrate that egalitarian liberals such as Dworkin, should, in fact, support the prohibition of pornography. She suggests that we have “reason to be concerned about pornography, not because it is morally suspect, but because we care about equality and the rights of women” (1990, 311). This is an approach also taken by Catherine McKinnon (1987). She distinguishes, much like Feinberg, between pornography and erotica. Erotica might be explicit and create sexual arousal, neither of which is grounds for complaint. Pornography would not come under attack if it did the same thing as erotica; the complaint is that it portrays women in a manner that undermines their equal status as citizens: “We define pornography as the graphic sexually explicit subordination of women through pictures or words that also includes women dehumanized as sexual objects, things, or commodities; enjoying pain or humiliation or rape; being tied up, cut up, mutilated, bruised, or physically hurt; in postures of sexual submission or servility or display; reduced to body parts, penetrated by objects or animals, or presented in scenarios of degradation, injury, torture; shown as filthy or inferior; bleeding, bruised or hurt in a context which makes these conditions sexual” (1987, 176).

Langton agrees and concludes that “women as a group have rights against the consumers of pornography, and thereby have rights that are trumps against the policy of permitting pornography…the permissive policy is in conflict with the principle of equal concern and respect, and that women accordingly have rights against it” (1990, 346). Because she is not basing her argument on the harm principle, she does not have to show that women are harmed by pornography. For the argument to be persuasive, however, one has to accept that permitting pornography does mean that women are not treated with equal concern and respect.

To argue the case above, one has to dilute one's support for freedom of expression in favor of other principles, such as equal respect for all citizens. This is a sensible approach according to Stanley Fish. He suggests that the task we face is not to arrive at hard and fast principles that govern all speech. Instead, we have to find a workable compromise that gives due weight to a variety of values. Supporters of this view will tend to remind us that when we are discussing free speech, we are not dealing with speech in isolation; what we are doing is comparing free speech with some other good. For instance, we have to decide whether it is better to place a higher value on speech than on the value of privacy, security, equality, or the prevention of harm.

I suggested early in this essay that to begin from a principle of unregulated speech is to start from a place that itself needs to be vigorously defended rather than simply assumed. Stanley Fish is of a similar temperament and suggests that we need to find a balance in which “we must consider in every case what is at stake and what are the risks and gains of alternative courses of action” (1994, 111). Is speech promoting or undermining our basic values? “If you don't ask this question, or some version of it, but just say that speech is speech and that's it, you are mystifying—presenting as an arbitrary and untheorized fiat—a policy that will seem whimsical or worse to those whose interests it harms or dismisses” (1994, 123).

In other words, there have to be reasons behind the argument to allow speech; we cannot simply say that the First Amendment says it is so, therefore it must be so. The task is not to come up with a principle that always favors expression, but rather, to decide what is good speech and what is bad speech. A good policy “will not assume that the only relevant sphere of action is the head and larynx of the individual speaker” (Fish, 1994, 126). Is it more in keeping with the values of a democratic society, in which every person is deemed equal, to allow or prohibit speech that singles out specific individuals and groups as less than equal? The answer, according to Fish, cannot be settled by simply appealing to a pre-ordained ideal of absolute free speech, because this is a principle that is itself in need of defense. Fish's answer is that, “it depends. I am not saying that First Amendment principles are inherently bad (they are inherently nothing), only that they are not always the appropriate reference point for situations involving the production of speech” (1994, 113). But, all things considered, “I am persuaded that at the present moment, right now, the risk of not attending to hate speech is greater than the risk that by regulating it we will deprive ourselves of valuable voices and insights or slide down the slippery slope towards tyranny. This is a judgement for which I can offer reasons but no guarantees” (1994, 115).

Hence, the boundaries of free speech cannot be set in stone by philosophical principles. It is the world of politics that decides what we can and cannot say, guided but not hidebound by the world of abstract philosophy. Fish suggests that free speech is about political victories and defeats. The very guidelines for marking off protected from unprotected speech are the result of this battle rather than truths in their own right: “No such thing as free (nonideologically constrained) speech; no such thing as a public forum purged of ideological pressures of exclusion” (Fish, 1994, 116). Speech always takes place in an environment of convictions, assumptions, and perceptions i.e., within the confines of a structured world. The thing to do, according to Fish, is get out there and argue for one's position.

We should ask three questions according to Fish: “[g]iven that it is speech, what does it do, do we want it to be done, and is more to be gained or lost by moving to curtail it?” (1994, 127). He suggests that the answers we arrive at will vary according to the context. Free speech will be more limited in the military, where the underlying value is hierarchy and authority, than it will be at a university where one of the main values is the expression of ideas. Even on campus, there will be different levels of appropriate speech. Spouting off at the fountain in the center of campus should be less regulated than what a professor can say during a lecture. It might well be acceptable for me to spend an hour of my time explaining to passers-by why Manchester United is such a great football team but it would be completely inappropriate (and open to censure) to do the same thing when I am supposed to be giving a lecture on Thomas Hobbes. A campus is not simply a “free speech forum but a workplace where people have contractual obligations, assigned duties, pedagogical and administrative responsibilities” (1994,129). Almost all places in which we interact are governed by underlying values and hence speech will have to fit in with these principles: “[r]egulation of free speech is a defining feature of everyday life” (Fish, 1994,129). Thinking of speech in this way removes a lot of the mystique. Whether we should ban hate speech is just another problem along the lines of whether we should allow university professors to talk about football in lectures.

Although Stanley Fish takes some of the mystique away from the value of speech, he still thinks of limitations largely in terms of other regarding consequences. There are arguments, however, that suggest speech can be limited to prevent harm being done to the speaker. The argument here is that the agent might not have a full grasp of the consequences of the action involved (whether it be speech or some other form of behavior) and hence can be prevented from engaging in the act. Arguments used in the Skokie case would fit into this category. Most liberals are wary of such arguments because we are now entering the realm of paternalistic intervention where it is assumed that the state knows better than the individual what is in his or her best interests.

Mill, for example, is an opponent of paternalism generally, but he does believe there are certain instances when intervention is warranted. He suggests that if a public official is certain that a bridge will collapse, he can prevent a person crossing. If, however, there is only a danger that it will collapse the person can be warned but not coerced. The decision here seems to depend on the likelihood of personal injury; the more certain injury becomes, the more legitimate the intervention. Prohibiting freedom of speech on these grounds is very questionable in all but extreme cases (it was not persuasive in the Skokie case) because it is very rare that speech would produce such a clear danger to the individual.

Hence we have exhausted the options that are open to the liberal regarding limitations on free speech and one cannot be classed as a liberal if one is willing to stray further into the arena of state intervention than already discussed. Liberals tend to be united in opposing paternalistic and moralistic justifications for limiting free expression. They have a strong presumption in favor of individual liberty because, it is argued, this is the only way that the autonomy of the individual can be respected. To prohibit speech for reasons other than those already mentioned means that one has to argue that it is permissible to limit speech because of its unsavory content, or as Feinberg puts it, one has to be willing to say that

[i]t can be morally legitimate for the state, by means of the criminal law, to prohibit certain types of action that cause neither harm nor offense to any one, on the grounds that such actions constitute or cause evils of other kinds. ( Harmless Wrongdoing , p. 3)

Acts can be “evil” if they are dangerous to a traditional way of life, because they are immoral, or because they hinder the perfectibility of the human race. Many arguments against pornography take the form that such material is wrong because of the moral harm it does to the consumer. Liberals oppose such views because they are not overly interested in trying to mold the moral character of citizens.

We began this examination of free speech with the harm principle; let us end with it and assess whether it helps us determine the proper limits of free expression. The principle suggests that we need to distinguish between legal sanction and social disapprobation as means of limiting speech. As already noted, the latter does not ban speech but it makes it more uncomfortable to utter unpopular statements. J.S. Mill does not seem to support the imposition of legal penalties unless they are sanctioned by the harm principle. As one would expect, Mill also seems to be worried by the use of social pressure as a means of limiting speech. Chapter III of On Liberty is an incredible assault on social censorship, expressed through the tyranny of the majority, because it produces stunted, pinched, hidebound and withered individuals: “everyone lives as under the eye of a hostile and dreaded censorship…[i]t does not occur to them to have any inclination except what is customary” (1978, 58). He continues:

the general tendency of things throughout the world is to render mediocrity the ascendant power among mankind…at present individuals are lost in the crowd…the only power deserving the name is that of masses…[i]t does seem, however, that when the opinions of masses of merely average men are everywhere become or becoming the dominant power, the counterpoise and corrective to that tendency would be the more and more pronounced individuality of those who stand on the higher eminences of thought. (1978, 63-4)

With these comments, and many of a similar ilk, Mill demonstrates his distaste of the apathetic, fickle, tedious, frightened and dangerous majority.

It is quite a surprise, therefore, to find that he also seems to embrace a fairly encompassing offense principle when the sanction does involve social disapprobation:

Again, there are many acts which, being directly injurious only to the agents themselves, ought not to be legally interdicted, but which, if done publicly, are a violation of good manners and, coming thus within the category of offenses against others, may rightly be prohibited. (1978, 97 [author's emphasis]

Similarly, he states that “The liberty of the individual must be thus far limited; he must not make himself a nuisance” (1978, 53). In the latter parts of On Liberty Mill also suggests that distasteful persons can be held in contempt, that we can avoid such persons (as long as we do not parade it), that we can warn others against the persons, and that we can persuade, cajole and remonstrate with those we deem offensive. These actions are legitimate as the free expression of those who happen to be offended as long as they are done as a spontaneous response to the person's faults and not as a form of punishment.

But those who exhibit cruelty, malice, envy, insincerity, resentment and crass egoism are open to the greater sanction of disapprobation as a form of punishment, because these faults are wicked and are other-regarding. It may be true that these faults have an impact on others, but it is difficult to see how acting according to malice,envy or resentment necessarily violates the rights of others. The only way that Mill can make such claims is by expanding his argument to include an offense principle and hence give up on the harm principle as the only legitimate grounds for interference with behavior. Overall, Mill[special-character:#146s arguments about ostracism and disapprobation seem to provide little protection for the individual who may have spoken in a non-harmful manner but who has nevertheless offended the sensibilities of the masses.

Hence we see that one of the great defenders of the harm principle seems to shy away from it at certain crucial points and it is unlikely that a defense of free speech can rest on the principle alone. It does, however, remain an elementary part of the liberal defense of individual freedom.

Liberals tend to defend freedom generally, and free speech in particular, for a variety of reasons beyond the harm principle; speech fosters authenticity, genius, creativity, individuality and human flourishing. Mill tells us specifically that if we ban speech the silenced opinion may be true, or contain a portion of the truth, and that unchallenged opinions become mere prejudices and dead dogmas that are inherited rather than adopted. These are empirical claims that require evidence. Is it likely that we enhance the cause of truth by allowing hate speech or violent and degrading forms of pornography? It is worth pondering the relationship between speech and truth. If we had a graph where one axis was truth and the other was free speech, would we get one extra unit of truth for every extra unit of free speech? How can such a thing even be measured? It is certainly questionable whether arguments degenerate into prejudice if they are not constantly challenged. Devil's advocates are often tedious rather than useful interlocutors. None of this is meant to suggest that free speech is not vitally important; this is, in fact, precisely the reason we need to find good arguments in its favor. But sometimes supporters of free speech, like its detractors, have a tendency to make assertions without providing compelling evidence to back them up.

In a liberal society, we have found that the harm principle provides reasons for limiting free speech when doing so prevents direct harm to rights. This means that very few speech acts should be prohibited. The offense principle has a wider reach than the harm principle, but it still recommends very limited intervention in the realm of free speech. All forms of speech that are found to be offensive but easily avoidable should go unpunished. This means that all forms of pornography and most forms of hate speech will escape punishment. If this argument is acceptable, it seems only logical that we should extend it to other forms of behavior. Public nudity, for example, causes offense to some people, but most of us find it at most a bit embarrassing, and it is avoided by a simple turn of the head. The same goes with nudity, sex, and coarse language on television. Neither the harm or the offense principles as outlined by Mill support criminalizing bigamy or drug use, nor the enforcement of seat belts, crash helmets and the like.

Some argue that speech can be limited for the sake of other liberal values, particularly the concern for democratic equality; the claim is not that speech should always lose out when it clashes with other fundamental principles that underpin modern liberal democracies, but that it should not be automatically privileged. To extend prohibitions on speech and other actions beyond this point requires an argument for a form of legal paternalism that suggests the state should decide what is acceptable for the safety and moral instruction of citizens, even if it means limiting actions that do not cause harm or unavoidable offense to others. It is up to the reader to decide if one of these positions is persuasive. It has certainly been the practice of most societies, even liberal-democratic ones, to impose some paternalistic restrictions on behavior and to limit speech because it causes offense. As we have seen, even Mill seems to back away somewhat from the harm principle. Hence the freedom of expression supported by the harm principle as outlined in Chapter One of On Liberty and by Feinberg's offense principle is still a possibility rather than a reality. It is also up to the reader to decide if it is an appealing possibility.

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  • Fiss, O.M. 1996. Liberalism Divided: Freedom of Speech and the Many Uses of State Power . Boulder: Westview Press.
  • Flathman, R., 1987, The Philosophy and Politics of Freedom . Chicago: University of Chicago Press.
  • Garry, P.M. 1994. Scrambling for Protection: The New media and the First Amendment . Pittsburgh: University of Pittsburgh Press.
  • Gates, H.L. 1995. Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, and Civil Liberties . New York: New York University Press.
  • Graber, M.A. 1992. Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism . Berkeley: University of California Press.
  • Gray, J., 1996, Mill on Liberty: A Defence . London: Routledge.
  • Greenawalt, K. 1996. Fighting Words . Princeton: Princeton University Press.
  • Hashim Kamali, Mohammad. 1997. Freedom of Expression in Islam . Islamic Texts Society.
  • Hobbes, Thomas, 1968, Leviathan , ed. C.B. Macpherson. London: Penguin Books.
  • Jacobson, D., 2000, “Mill on Liberty, Speech, and the Free Society,” in Philosophy and Public Affairs , 29 no.3.
  • Kateb, G., 1989, “The Freedom of Worthless and Harmful Speech” in Liberalism without Illusions: Essays on Liberal Theory and the Political Vision of Judith N. Shklar . ed. Bernard Yack. Chicago: University of Chicago Press.
  • Kramer, M., 2002, “Why Freedoms Do Not Exist by Degrees,” in Political Studies , Vol 50.
  • Langton, R., 1990. “Whose Right? Ronald Dworkin, Women, and Pornographers,” in Philosophy and Public Affairs , 19, no.4.
  • –––, 1993, “Speech Acts and Unspeakable Acts,” in Philosophy and Public Affairs , Vol.22, No.4.
  • Lewis, A. 1995. Make No Law . Random House.
  • Lyons, D., 1994, Rights, Welfare, and Mill's Moral Theory . New York: Oxford University Press.
  • MacKinnon, C., 1987, Feminism Unmodified . Cambridge: Harvard University Press.
  • Magee, J. 2002. Freedom of Expression . Greenwood Press.
  • Mcleod, K. 2007. Freedom of Expression: Resistance and Repression in the Age of Intellectual Property .Minneapolis: University of Minnesota Press.
  • Mill, J.S., 1978, On Liberty . Indianapolis:Hackett Publishing Press.
  • Nelson, S.P. 1994. Beyond the First Amendment: The Politics of Free Speech and Pluralism . Baltimore: Johns Hopkins University Press.
  • Netanel, N.W. 2008. Copyright's Paradox: Property in Expression/Freedom of Expression . Oxford: Oxford University Press.
  • O'Rourke, K.C. 2001. John Stuart Mill and Freedom of Expression: The Genesis of a Theory . Routledge.
  • Pinaire, B. 2008. The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections . Stanford: Stanford University Press.
  • Post, S.G. 2003. Human Nature and the Freedom of Public Religious Expression . University of Notre Dame Press.
  • Rauch, J. 1995. Kindly Inquisitors: The New Attacks on Free Thought . Chicago: University of Chicago Press.
  • Raz, J., 1986, The Morality of Freedom . Clarendon: Oxford University Press.
  • Rees, J.C., 1991, “A Re-reading of Mill on Liberty” in J.S. Mill-On Liberty in Focus , eds. John Gray and G.W. Smith. London: Routledge.
  • Riley, J., 1998, Mill on Liberty . New York: Routledge.
  • Scanlon, T., 1972, “A Theory of Freedom of Expression,” Philosophy and Public Affairs , 1, no.2.
  • Schauer, F. Free Speech: A Philosophical Enquiry . Cambridge: Cambridge University Press.
  • Shiffrin, S. 1990. The First Amendment: Democracy and Romance . Cambridge MA: Harvard University Press.
  • Soley, L. 2002. Censorship INC.: The Corporate Threat to Free Speech in the United States . Monthly Review Press.
  • Stone, G. 2004. Perilous Times: Free Speech in Wartime from The Sedition Act of 1798 to The War on Terrorism .
  • Strum, P. 1999. When the Nazis came to Skokie: Freedom for Speech We Hate . Kansas University Press.
  • Sunstein, C., 1994, Democracy and the Problem of Free Speech . New York: Free Press.
  • –––, 1995. Democracy and the Problem of Free Speech . Free Press.
  • –––, 2003. Why Societies Need Dissent . Cambridge MA: Harvard University Press.
  • Ten, C.L., 1991, “Mill's Defence of Liberty,” in J.S. Mill—On Liberty in Focus , eds. John Gray and G.W. Smith. London: Routledge.
  • Walker, S. 1994. Hate Speech: The History of an American Controversy . University of Nebraska Press.
  • Waluchow, W.J. 1994. Free Expression: Essays in Law and Philosophy . Oxford: Oxford University Press.
  • West, C. 2003. “The Free Speech Argument Against Pornography”, Canadian Journal of Philosophy 33(3).
  • West, Caroline, “Pornography and Censorship”, The Stanford Encyclopedia of Philosophy (Fall 2005 Edition) , Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/fall2005/entries/pornography-censorship/>.

[As of January 2008, typing “free speech” on Google will net millions of entries. Hence it is best to simply jump in and see what one can find. It is worth noting that almost all of them are devoted to the promotion of speech in the face of censorship. This reflects a strong bias on the internet in favor of the “slippery slope” view of free speech. There are not many entries where an argument is made for placing limitations on free expression. Wikipedia has a quite a few entries dealing with censorship, free speech, pornography, and crime statistics. Here are a few other cites to get you going.]

  • American Civil Liberties Union
  • Free Speech Movement archives (related to Berkeley in the 1960's)
  • Freedom Forum , (a forum dedicated to free speech and a free press)
  • Free Expression , Center for Democracy and Technology, (a website related to the issue of free speech and the internet)
  • Electronic Frontiers Australia (an Australian website on censorship and free speech)
  • The Kellor Center for the Study of the First Amendment

democracy | equality | Mill, John Stuart | paternalism | pornography: and censorship

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The Oxford Handbook of Freedom of Speech

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The Oxford Handbook of Freedom of Speech

Introduction

  • Published: January 2021
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Freedom of speech is a central commitment of political liberalism, a principle of positive constitutional law in virtually all modern constitutions and a principle of international human rights law. 1 Close Although among the most widely agreed upon and celebrated legal and constitutional principles of modern times, it is also the source of enduring and intense disagreement. We cannot fail to notice, moreover, that this Handbook is to be published at a time of some controversy about the power of freedom of speech in the face of new threats to democracy 2 Close and the challenges of the digital economy. 3 Close At worst, freedom of speech might even be part of the problem—a principle weaponized against the ideals from which it sprang. 4 Close

In this tumultuous context, this Handbook provides a comprehensive exploration of freedom of speech both as a political idea and as a legal principle. It is arranged in three parts: The chapters in Part I focus on freedom of speech as a political idea and upon the ideas and rationales that underlie it; the chapters in Part II focus on distinctive features of freedom of speech as a legal principle. In Part III the Handbook, the chapters focus on a range of controversies that have arisen in constitutional systems throughout the world and which illustrate and elaborate upon the general themes of Parts I and II .

A. Fundamental Questions and Perspectives

Part I begins with the most fundamental questions about the nature of freedom of speech: its history and rationales. Although a form of freedom of speech was evident in ancient times, 5 Close it is Enlightenment thinking that is usually credited with the decisive influence on modern conceptions. 6 Close Its influence is especially well documented by scholars of the First Amendment to the Constitution of the United States. In Chapter 2 , Vincent Blasi, in a subtle exploration of the classic arguments for freedom of speech, traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica , a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. 7 Close

Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to Catholic religious texts. The most famous and influential exposition of a liberal theory of freedom of speech is found in the work of John Stuart Mill. 8 Close Mill’s argument for freedom of speech, commonly understood as based on freedom of speech as a facilitator of the search for truth and knowledge, 9 Close is central to Chapters 1 and 3 . In Chapter 1 , Christopher Macleod reminds us of the precise nature of Mill’s claim. Three especially important points come to the fore. First, Mill’s argument turns on the fallibility of human knowledge and his belief in the consequent value in subjecting ideas to contradiction. Second, while in constitutional law the focus has been on interference with freedom of speech by the state, Mill was as much concerned with ‘moral reproach’ that arises from social intolerance and social pressure. Finally, by virtue of its focus on the pursuit of truth, the Millian argument is focused on discussion rather than expression more broadly and therefore has little obvious application to non-propositional expression found in instrumental music and abstract art. (A theme later taken up by others, 10 Close including Mark Tushnet who, in Chapter 23 , explores the problem of incorporating music and art into a theory of freedom of speech without also including a far wider range of human activities.)

The complexities of the truth justification for freedom of speech are further explored by William Marshall in Chapter 3 . Marshall identifies its many flaws: the implausibility of the claim that freedom of speech is a mechanism for producing truth; the problems of public irrationality and apathy in a ‘post-truth’ age; and, most fundamentally, the difficulties in identifying the normative appeal of truth itself, especially in circumstances in which it causes harm. Abandoning these traditional arguments for truth, Marshall appeals to truth as an ideal serving a narrative function ‘akin to the role played by myth in religion’. 11 Close

The argument from truth is one of three prominent lines of thought evident in an extensive philosophical literature on freedom of expression. Each of these lines of argument are explored in chapters in Part I . A second line of argument relies on the connection between freedom of speech and autonomy. Freedom of speech is said to protect (or to be integral to) individual autonomy by allowing individuals to form their own opinions about their beliefs and actions or by enabling ‘self-development’; or because respecting freedom of speech accords (or is constitutive of) dignity, equal concern and respect due to all individuals. In Chapter 4 , Catriona Mackenzie and Denise Meyerson explore the autonomy argument generally, and in Chapter 6 , Dieter Grimm explores the argument from dignity.

The third line of argument, perhaps the most widely influential in the constitutional law of freedom of speech, relies upon the connection between freedom of speech and democratic self-government. Ashutosh Bhagwat and James Weinstein explore the argument from democracy in Chapter 5 .

These three lines of argument—something of a ‘classic trio’ of justifications for freedom of speech—are the usual starting point of philosophical inquiry. But each gives rise to complex problems. Some are common to each rationale. In an echo of some arguments made against the truth rationale, arguments from autonomy are criticized for their failure to focus on the conditions necessary for the realization of autonomy. This line of thought has been especially prominent in feminist analysis of freedom of speech. In their chapter, Mackenzie and Meyerson explore a number of ways in which the problem has been addressed, from Susan Brison’s forthright critique of the autonomy justification for permitting hate speech 12 Close and for failing adequately to distinguish autonomous speech from non-speech forms of autonomy, 13 Close to Susan Williams’s idea of relational autonomy. 14 Close

Another kind of challenge for these arguments arises from the complexity of the ideas that underscore each rationale. This emerges clearly in Bhagwat and Weinstein’s chapter on the democracy justification. As they show, it is well recognized that freedom of speech performs an essential informing function, enabling the people to vote and participate in public discourse, and informs representatives of the views of the people. In addition, free speech also serves a legitimating function because law’s legitimacy requires that the people are free to take part in the public deliberations through which public opinion, and ultimately laws, are formed. Distinctively, Bhagwat and Weinstein take the legitimating function of freedom of speech to be crucial not just to the legal system as a whole but also to the legitimacy of individual laws and posit that laws banning hate speech may render other laws (such as anti-discrimination laws) illegitimate.

Equally, however, Bhagwat and Weinstein show that the nature of a right of freedom of speech will depend upon which conception of democracy, among the multiple and competing conceptions, dominates. For instance, where democracy is representative rather than direct, or where it prizes public deliberation over the aggregation of pre-existing interests, greater emphasis will be placed on public discourse. In such democracies, freedom of speech is likely to cover a broader range of public discussion beyond that required for the process of voting and law making. 15 Close

An important distinction, which illuminates matters taken up in later parts of the book, lies in the distinction between relatively thick (or substantive) understandings of democracies over relatively thin, proceduralist accounts. Of these two conceptions, the thicker idea of democracy provides a basis for more extensive limits on freedom of speech. Where democracy is taken to be instrumental to certain ends, freedom of speech can be limited where it makes little contribution to (or even frustrates) such ends. At this point, the long debate about the regulation of hate speech enters the picture again. Substantive conceptions of democracy (which usually entail that a democratic polity will ‘demonstrate tolerance, mutual respect, and an embrace of diversity’) provides a foundation for arguments that ‘the state not only need not tolerate, but to the contrary has a positive obligation to suppress hate speech’ 16 Close (a matter of which Weinstein and Bhagwat are evidently sceptical).

The idea that democracy is instrumental to a more fundamental value is evident in Dieter Grimm’s chapter ‘Freedom of Speech and Human Dignity’. Writing from within the German constitutional tradition, in which dignity is a foundational value receiving explicit constitutional protection, Grimm writes: 17 Close

We do not have freedom of speech for democracy’s sake, but we have democracy because it is the form of political rule best compatible with the dignity and autonomy of the individual.

The dignity-based conception of freedom of speech requires that the principle extends well beyond political speech. Speech is valuable because it allows humans to form social relationships and develop their personality—matters integral to human dignity. However, dignitarian arguments also justify limits on freedom of speech where that speech violates human dignity. Thus Grimm shows how dignity may furnish an argument for the regulation of hate speech where that speech: 18 Close

attempts to deny human beings individual personhood, to strip them from all rights (or from the right to have rights), to classify certain individuals as such or because of their group membership as life not being worth lived, to claim that by their behaviour they have forfeited any claim to respect.

Dignity’s role as both a justification for freedom of speech and for limiting it, points to a more general dynamic. Where freedom of speech is taken to be instrumental to a more fundamental value, it will usually be the case that the underlying value—equality, autonomy, dignity—will in some circumstances be deployed as an argument for freedom of speech and in others in support of a limitation. This ‘double-sidedness’ of freedom of speech is a particularly perplexing feature of free speech argumentation. 19 Close It means, as Alon Harel shows in his chapter on hate speech and as Gautam Bhatia shows in his chapter on religious speech, that many arguments about freedom of speech are not a defence of a liberal ideal against illiberalism. 20 Close Rather, many free speech arguments occur within liberalism and their resolution depends upon a quite precise rendering of the relationship between freedom of speech and its underlying values.

As the chapters so far mentioned demonstrate, there is a rich philosophical literature about freedom of speech. A final contribution in this vein from Wojciech Sadurski shows the power of philosophical argument to illuminate even most seemingly technical aspects of free speech. 21 Close The chapter explores the salience of the Rawlsian idea of public reason for freedom of speech. Sadurski argues that the idea helps explain the focus in free speech law in a number of countries on the distinction between content-based and content-neutral laws (and relatedly on viewpoint-based and viewpoint-neutral laws). Public reason analysis explains this focus, and reveals as potentially illegitimate laws based on reasons that are non-endorsable by reasonable persons to whom they apply.

Contributions from other disciplines to scholarship on freedom of speech have been more limited. In an important exception to this trend, Daniel Hemel, in Chapter 7 , explores the potential for economic analysis to illuminate freedom of speech. Information economics, he argues, has the potential to explain failures in the ‘marketplace of ideas’. Just as information asymmetry in the market for goods and services allows low-quality goods and services to drive high-quality goods and services out of the marketplace, there is reason to think that ‘bad speech’ will tend to drive out the ‘good’. For good information to compete in the market, readers and listeners must be able to tell the difference between good and bad information—an idea with particular resonance in the age of ‘fake news’, and with potential implications for the design of free speech laws. 22 Close

B. Freedom of Speech as a Legal Idea

Part II of the volume turns from general questions about the nature of and justifications for freedom of speech to an examination of pervasive issues that arise with particular clarity when freedom of speech is applied as a legal principle.

The focus of most of these chapters is on freedom of speech as a principle of constitutional law, which in turn provides the basis for an individual to challenge the law. However, there are many ways in which a free speech principle might operate in law: it may guide the interpretation of statutes and other instruments; in common law systems at least, it may influence the development of case law; and it is a principle of international law (as canvassed by Michael Hamilton in Chapter 11 ).

Conceived at a high level of generality, the framework for the determination of legal free speech claims is remarkably similar across a wide range of legal systems. As Stephen Gardbaum shows in his close but broadly comparative analysis in Chapter 12 , the nature and extent of a free speech right depends upon a number of legal components: (1) the legal source of the right (in common law, statute or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded; (2) the subject of the right (citizens, natural or legal persons); (3) the scope of the right; (4) the kind of obligation it imposes on others (a negative prohibition or a positive obligation); (5) who is bound to respect a right of freedom of expression and against whom the right may be asserted; and (6) whether and how a free speech right might be limited. 23 Close

The first two chapters in Part II take up two of these elements in detail. Tracing the distinction in free speech law between ‘coverage’ and ‘protection’ influentially illuminated in his work, Schauer, in Chapter 9 , addresses the question acts or behaviour a principle of freedom of speech applies. 24 Close

This question of coverage (or in Gardbaum’s terms ‘scope’) can be invisible in legal analysis especially if it is abundantly clear that the activity concerned is ‘speech’ within the accepted meaning of the word or if techniques of legal interpretation (text, history, and precedent, for instance) provide a ready answer. But, as Schauer shows, in many cases neither speech nor the common alternative ‘expression’ adequately capture the activity to which the principle applies. The only coherent way to approach the question of coverage is by reference to the underlying rationale or rationales for freedom of speech. In this light, the question of ‘coverage’ turns out to be highly revealing of some fundamental features of freedom of speech, namely that it is a complex ideal resting on multiple justifications.

The question of ‘protection’ (which corresponds to Gardbaum’s final component, whether and to what extent the free speech right may be limited) goes to the weight or strength of the protection from regulation conferred on that which is covered. In the context of constitutional law, it is reflected in legal doctrines formulated by courts. The protection question brings to the fore the much-noted ‘US exceptionalism’ with respect to freedom of speech in constitutional law. As is well known, First Amendment law is characterized by a conceptual or categorial approach that applies relatively specific, rule-like limitations, as compared with the more flexible approach of ‘structured proportionality’ that dominates the rest of the world.

The relative merits of these approaches are the subject of an enormous literature in which proportionality analysis is usually lauded for its flexibility and context-sensitivity, as well as the transparency it purportedly brings to judicial reasoning. Some of its more influential expositions—including the seminal work of Robert Alexy—make the even more ambitious claim that proportionality is necessary or inevitable 25 Close or that it frees courts of difficult and contested decisions. 26 Close In Chapter 10 , ‘Proportionality and Limitations on Freedom of Speech’, Grégoire Webber mounts a critique of these claims on behalf of proportionality, and a defence of approaches that treat freedom of speech as absolute, at least in the sense as not subject to exception within its scope.

In Chapter 13 , ‘Positive Free Speech: A Democratic Freedom’, Andrew Kenyon then takes up Gardbaum’s fourth component, the kind of obligations imposed, arguing that an effective free speech right must necessarily be conceived as including positive obligations on the state.

The final chapter in Part II , ‘Speaking Back’, turns to the question of remedies and responses. In it, Katharine Gelber interrogates the common claim that the remedy for falsehoods and other forms of ‘bad speech’ is ‘more speech, not enforced silence’. 27 Close Applied indiscriminately, the idea of ‘speaking back’ is ‘fanciful at best and harmful at worst’ but Gelber defends it in some contexts, especially if—echoing Kenyon’s chapter—freedom of speech is conceived of as requiring the state to empower ‘speaking back’. 28 Close

The notion of state-backed ‘speaking back’ is picked up, again, in Caroline West’s chapter on pornography. If certain pornography perpetuates or legitimates harmful sexist messages, West sees a role for state-backed ‘speaking back’; specifically, public education aimed at countering harmful sexist messaging. But, she cautions, there are also reasons to doubt its likely effectiveness. Harmful effects of pornography on its consumers may not be fully ‘mentally intermediated’, and so not amenable to rational revision in response to counter-speech. 29 Close

C. Contexts and Controversies

The chapters in Part III focus on particular contexts and controversies that have proved especially important and interesting for the application of free speech principles. The chapters are all rich with insights on the particular controversies they cover, and the themes explored in the first two parts. For example, question of ‘coverage’ is addressed in particular contexts by Frederick Schauer’s chapter on commercial advertising, 30 Close Mark Tushnet’s chapter on art, 31 Close Caroline West’s chapter on pornography, 32 Close and Alon Harel’s chapter on hate speech. 33 Close

Similarly, the democracy justification is revisited and elaborated upon in chapters by Joo-Cheong Tham and Keith Ewing on elections, 34 Close Andrew Kenyon on defamation of public officials, 35 Close Christoph Bezemek on public insult, 36 Close and Timothy Zick on parades, picketing, and demonstrations. 37 Close It is also addressed in Cynthia Estlund’s chapter on the workplace, which explores the implications for democratic government of employment-based limitations on freedom of speech. 38 Close

These chapters are complemented by a pair of chapters that consider the challenges and complications arising from the nature of mass communication in the traditional media 39 Close and the digital economy. 40 Close

The ‘double-sidedness’ of freedom of speech is revisited in a group of chapters which focuses on the particular harms that may be caused by speech. Geoffrey Stone revisits the question of speech causing unlawful conduct, 41 Close a general theme picked upon in the contemporary context of terrorism by Eliza Bechtold and Gavin Phillipson. 42 Close Alon Harel’s chapter on hate speech, 43 Close Gautam Bhatia’s chapter on religious speech, 44 Close Caroline West’s chapter on pornography, 45 Close and Ioanna Tourkochoriti’s chapter on privacy 46 Close focus on harms of a different kind which implicate other fundamental rights like dignity, equality, religious freedom, and privacy.

Among these chapters, First Amendment exceptionalism is evident again. As these chapters show, First Amendment law has had enormous influence on the development of free speech law globally, reflecting the comparatively long history of judicial review of the First Amendment, and the volume of case law and secondary literature it has produced. But as these chapters also show, many substantive aspects of First Amendment law are unique and, on questions as diverse as electoral funding, advocacy of illegality, 47 Close commercial advertising, 48 Close defamation and hate speech, 49 Close most democracies have taken a different path. 50 Close

The intellectual influence but substantive exceptionalism of First Amendment law is especially evident in chapters by Andrew Kenyon, Christoph Bezemek, and Joo-Cheong Tham and Keith Ewing. Each of these chapters takes an iconic First Amendment case and shows both how it illuminates freedom of speech and how it has been departed from elsewhere. Andrew Kenyon places New York Times v Sullivan 51 Close in the context of defamation law generally, noting how courts in other countries have been influenced by and yet departed from its approach. The exceptionalism of Sullivan , he argues, depends both on a relatively thin conception of the value of reputation and on a particular understanding of the idea of public debate. Christoph Bezemek takes the closely related question of ‘fighting words’ and the US Supreme Court’s decision in Chaplinsky v New Hampshire 52 Close as his centrepiece for a discussion of public insult. Chaplinsky is, of course, something of an ‘orphan’ in the First Amendment canon. 53 Close It is tempting to think that while its ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights (ECtHR) and in domestic jurisdictions. But Bezemek shows that the approach of the ECtHR is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Turning to the closely related question of insult to public officials (also discussed by Kenyon), Bezemek focuses again on structural differences in doctrine. Expanding his focus to include the Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights, he shows that each proceeds on a rather different conception of ‘public figure’.

Joo-Cheong Tham and Keith Ewing, in the most critical of these three chapters, take Citizens United v Federal Electoral Commission 54 Close as the centrepiece of their critique of First Amendment law. They identify the First Amendment’s core non-redistributive principle as based on a uniquely US mistrust of government regulation of speech and laissez-faire attitude to the distorting power of private wealth. The European social-democratic model, by contrast, is premised on equality as a foundation of a just electoral system and, because the state is viewed less negatively, permits more government intervention in pursuit of that equality.

Their critique introduces a second theme: the problems that that arise from the exercise of private power. Classically, freedom of speech is conceived of as a negative right that operates to restrain government power, leaving private relations untouched. But, as Cynthia Estlund shows, unrestrained power of employers to interfere with the speech rights of employees would make public discourse impossible. Similarly, an unrestrained power to regulate speech activity on private property would prevent the collective action necessary for civic engagement that is central to ‘cultural identification, acts of resistance, and … political contention in a democracy’. 55 Close In Estlund’s chapter on the workplace, and Zick’s chapter on parades, picketing, and demonstrations, the assessment of First Amendment law is somewhat hopeful. Estlund traces the way that US courts have, over the last century, carved out exceptions to the rights of employers to respect employees’ freedom of speech, and detects a strand of ‘neo-republican thought’ in First Amendment law, sensitive to the dominating power of employers. 56 Close Timothy Zick shows how the US Supreme Court, relying on the concept of the ‘public forum’, built an ‘expressive topography’, a doctrinal categorization of public places that limits powers of regulation in these spaces. 57 Close

Nonetheless, Estlund concludes that the protection of freedom of speech in the workplace remains normatively deficient. Indeed the ‘weaponization critique’ mentioned at the outset, and pervasive in the commentary on the protection of commercial advertising, is traceable, at least in that language, to Justice Kagan’s dissent in a labour law case, Janus v AFSCME, in which the majority held that requiring public sector employees to pay union dues was invalid on First Amendment ‘compelled speech’ grounds. 58 Close Turning to public forums, the exclusion of private property has always meant that some places (privately-owned airports, shopping centres, malls, and plazas) where citizens seek to gather for free speech purposes may be excluded from the public forum doctrine. But the problem is much exacerbated by the increasing privatization of public space.

Outside First Amendment law, attitudes towards private power are quite different and the problems posed by private actors restricting freedom of speech or distorting public discourse can be dealt with in a more straightforward fashion. Three features of free speech law are especially pertinent to this difference. First, as Ioanna Tourkochoriti explains in her chapter on privacy, other systems of law (in her chapter—Germany and France) allow for the ‘horizontal’ application of free speech rights against private individuals. 59 Close By comparison, the ‘verticalist’ position usually taken to be exemplified by the First Amendment, applies free speech rights only against the state, reflecting an assumption that threats to freedom of expression are characterized as arising principally or only from the state. The line between these two positions can be blurry and may be less important in practice if there is a sufficiently capacious ‘state action’ doctrine. 60 Close The distinction between horizontal and vertical applications of rights, however, is indicative of a markedly different understanding of the role of constitutional rights. Second, in most other legal systems, the mistrust of government that characterizes First Amendment law is moderated and the state is more likely to be regarded as a positive actor in pursuit of legitimate goals. 61 Close This moderation of mistrust of government gives governments greater scope to address harms caused by private actors, notably on matters like hate speech and electoral funding.

Finally, in some systems, the problem of private power is addressed through positive obligations imposed upon the state. In his chapter on media, 62 Close Dieter Grimm explains Germany’s broadcast jurisprudence as a means to address the problems of private power in public discourse. Under the German Basic Law, the German state is under a ‘double obligation’. It must not unduly interfere with the freedom of media, but it is also required to act to protect the media against attempts of private actors that may lead to distortion of public discourse or dysfunction within the media.

D. The Changing Context

Grimm’s chapter introduces our final theme: the changing nature and significance of the forums in which speech occurs. The most compelling development is the rise of the digital economy, which radically changes the dynamics of freedom of speech. The Internet is the subject of Gregory Magarian’s chapter, 63 Close although the many complications posed by the Internet as a speech forum are explored in other chapters, including those on pornography, hate speech, media freedom, and international law.

As Magarian shows, the Internet offers huge opportunities for realizing the social benefits of freedom of speech—making powerful contributions to political movements and promoting art, science, and commerce—but by the same token this new medium amplifies the possibilities for harm and poses a distinct set of challenges.

For example, the ease of communication and vast increase in the quantity of available information has led to the breakdown of the traditional media and the ‘gatekeeping’ function they performed. That, combined with anonymity and the highly manipulable nature of digital imagery, makes it very difficult to assess the credibility of information before us. Ordinary citizens can disguise themselves as credible news sources; political operatives and agents of foreign governments can be made to look like ordinary citizens; images and even video can be faked. The result is a torrent of low-quality information, much of it worthless or worse, deliberately spread to serve disruptive and nefarious interests, foreign and domestic. Such speech may proliferate more readily, rapidly, and to a wider audience, amplifying its potential harm.

These challenges run especially deep because the shape of a solution is very unclear. The devolved and transnational architecture of the Internet poses real barriers to regulation even pursuant to horizontal and positive conceptions of freedom of speech. The problem of the Internet will require creative regulatory solutions and to which constitutional rights of freedom of speech will need to adapt. 64 Close At the same time, creative and novel regulatory solutions to harmful online speech may also have unintended adverse consequences. As Bechtold and Phillipson observe in their chapter, there is a risk that regulations aimed at swiftly and cost-effectively stemming the proliferation of harmful material online can be excessively broad and speech-restrictive, shift the burden of regulation onto transnational corporations, and lack adequate safeguards, scrutiny, and attention to rights. 65 Close

This leads us to a closing reflection on the changing nature of the subject of this volume. It is barely more than a century since the US Supreme Court began seriously to expound free speech norms; only seventy years since the end of World War II inspired the global rise of human rights, and only thirty years since democratic constitutionalism—and with it constitutional rights of freedom of speech—became a truly global phenomenon. Yet in this time, the nature of public discourse has transformed radically. Today, vast swathes of ordinary human communication occur in previously unrecognizable ways.

Freedom of speech will be a treasured norm at least for as long as democracies persist, but beyond that simple fact, perhaps all that can be counted upon is that the fundamental and difficult questions which are the subject of this volume, and these chapters, will remain a source of contestation in law and politics.

E. With Thanks

Fittingly, given freedom of speech’s transnational reach, this volume was a transnational effort and was both enabled—and at times challenged—by communication across the Internet. As editors, we express our thanks to the authors for their commitment to this project; their willingness to revise chapters during the editing process and to keep to the necessary word limit. We are delighted to have brought such a talented group of scholars together in these pages.

Adrienne Stone wishes to thank colleagues at Melbourne Law School in the Centre for Comparative Constitutional Studies and the Laureate Program on Comparative Constitutional Law for their assistance. Aftab Hussain and Gabrielle Dalsasso in their respective roles as Centre Administrator and Project Manager for the Laureate Program ensured the smooth running of other aspects of academic life, freeing time to work on this volume. Four talented and hardworking research assistants—Joshua Quinn-Watson, Colette Mintz, Anne Carter, and Gary Hansell—performed important research and editorial tasks that greatly improved the Handbook. Their work and Adrienne Stone’s contribution was generously supported by the Australian Research Council through an Australian Laureate Fellowship.

We are finally very grateful to Oxford University Press and its editorial staff for initiating the project and for their expertise and patience through all stages of its production. We are proud and delighted to have made a contribution to the very fine Handbook series.

Freedom of speech is used here interchangeably with ‘freedom of expression’, though on the relationship between these concepts, see Frederick Schauer ‘What is Speech? The Question of Coverage’ Chapter 9 in this volume.

Mark Graber, Sanford Levinson, and Mark Tushnet, (eds), Constitutional Democracy in Crisis? (OUP, 2018).

Tim Wu, ‘Is the First Amendment Obsolete?’ (2018) 117 Mich L Rev 547, 568.

Janus v AFSCME, Council 31 , 138 S Ct 2448, 3501 (2018). See also Cynthia Estlund, ‘Freedom of Expression in the Workplace’, Chapter 22 in this volume.

DM Carter, ‘Citizen Attribute, Negative Right: A Conceptual Difference between Ancient and Modern Ideas of Freedom of Speech’ in Ineke Sluiter and Ralph Rosen (eds), Free Speech in Classical Antiquity (Brill 2004).

Elizabeth Powers (ed), Freedom of Speech: The History of an Idea (Bucknell UP 2011).

John Milton, Areopagitica: A Speech for the Liberty of Unlicensed Printing, to the Parliament of England (JC Suffolk ed, University Tutorial P 1968).

John Stuart Mill, On Liberty (David Spitz ed, WW Norton 1975).

An alternative understanding of Mill sees On Liberty as less about the search for truth and more about the development of certain virtues of intellectual character. See Vincent Blasi, ‘Shouting “Fire!” in a Theater and Vilifying Corn Dealers’ (2011) 39 Cap U L Rev 535.

See also Frederick Schauer, ‘What is “Speech”? The Question of Coverage’, Chapter 9 in this volume.

William P Marshall, ‘The Truth Justification for Freedom of Speech’, Chapter 3 in this volume, p. 57.

See Catriona Mackenzie and Denise Meyerson, ‘Autonomy and Free Speech’, Chapter 4 in this volume, p. 78.

Susan Brison, ‘The Autonomy Defense of Free Speech’ (1998) 108 Ethics 312.

See Catriona Mackenzie and Denise Meyerson, ‘Autonomy and Free Speech’, Chapter 4 in this volume, p. 74. See also Catriona Mackenzie and Natalie Stoljar (eds), Relational Autonomy: Feminist Perspectives on Autonomy, Agency and the Social Self (OUP 2000).

Ashutosh Bhagwat and James Weinstein, ‘Freedom of Expression and Democracy’, Chapter 5 in this volume.

Ibid p. 102.

Dieter Grimm, ‘Freedom of Speech and Human Dignity’, Chapter 6 in this volume, p. 110.

Ibid p. 114.

Adrienne Stone, ‘Viewpoint Discrimination, Hate Speech Laws, and the Double-Sided Nature of Freedom of Speech’ (2017) 32 Const Comment 687.

Alon Harel, ‘Hate Speech’, Chapter 25 in this volume; Gautam Bhatia ‘Religious Speech’, Chapter 27 in this volume.

Wojciech Sadurski, ‘Freedom of Speech and Public Reason’, Chapter 8 in this volume.

Daniel Hemel, ‘Economic Perspectives on Free Speech’, Chapter 7 in this volume.

Stephen Gardbaum, ‘The Structure of a Free Speech Right’, Chapter 12 in this volume.

Frederick Schauer, ‘What is “Speech”? The Question of Coverage’, Chapter 9 in this volume.

Robert Alexy, A Theory of Constitutional Rights (Julian Rivers tr, OUP 2002) 66–9.

David Beatty, The Ultimate Rule of Law (OUP 2004).

Whitney v California , 274 US 357 (1927) 377.

Katharine Gelber, ‘Speaking Back’, Chapter 14 in this volume, p. 262.

Caroline West, ‘Pornography’, Chapter 26 in this volume, p. 497.

Frederick Schauer, ‘Free Speech and Commercial Advertising’, Chapter 24 in this volume.

Mark Tushnet, ‘Music and Art’, Chapter 23 in this volume.

Caroline West, ‘Pornography’, Chapter 26 in this volume.

Alon Harel, ‘Hate Speech’, Chapter 25 in this volume.

Joo-Cheong Tham and Keith Ewing, ‘Free Speech and Elections’, Chapter 17 in this volume.

Andrew T Kenyon, ‘Defamation Law, Sullivan , and the Shape of Free Speech’, Chapter 15 in this volume.

Christoph Bezemek, ‘Insult of Public Officials, Chapter 21 in this volume.

Timothy Zick ‘Parades, Picketing, and Demonstrations’, Chapter 20 in this volume.

Cynthia Estlund ‘Freedom of Expression in the Workplace’, Chapter 22 in this volume.

Dieter Grimm, ‘Freedom of Media’, Chapter 29 in this volume.

Gregory P Magarian, ‘The Internet and Social Media’, Chapter 19 in this volume.

Geoffrey R Stone, ‘When is Speech That Causes Unlawful Conduct Protected byFreedom of Speech? The Case of the First Amendment’, Chapter 18 in this volume.

Eliza Bechtold and Gavin Phillipson, ‘Glorifying Censorship? Anti-Terror Law, Speech, and Online Regulation’, Chapter 28 in this volume.

Gautam Bhatia, ‘Religious Speech’, Chapter 27 in this volume.

Ioanna Tourkochoriti, ‘Privacy and Speech’, Chapter 16 in this volume.

Eliza Bechtold and Gavin Phillipson, ‘Glorifying Censorship? Anti-Terror Law, Speech and Online Regulation’, Chapter 28 in this volume.

Frederick Schauer, ‘The Exceptional First Amendment’ in Michael Ignatieff (ed), American Exceptionalism and Human Rights (Princeton UP 2005) 29.

New York Times v Sullivan , 376 US 254 (1964).

Chaplinsky v New Hampshire , 315 US 568, 570 (1942).

The Supreme Court has never since upheld a conviction on the basis of the ‘fighting words’ exception that Chaplinsky apparently establishes. See Erwin Chemerinsky, The First Amendment (Wolters Kluwer 2018) 159.

Citizens United v Federal Electoral Commission , 558 US 310 (2010).

Timothy Zick ‘Parades, Picketing, and Demonstrations’, Chapter 20 in this volume, p. 369.

Cynthia Estlund ‘Freedom of Expression in the Workplace’, Chapter 22 in this volume, p. 413.

Timothy Zick ‘Parades, Picketing and Demonstrations’, Chapter 20 in this volume, p. 376.

Janus v AFSCME, Council 31 , 138 S Ct 2448, 2501 (2018) (Kagan J, dissenting).

But see also Constitution of South Africa: 4 February 1997 (‘South African Constitution’), s 8(2); Constitution of Colombia: 4 July 1991 (‘Colombian Constitution’), art 86; Constitution of Ireland: 29 December 1937 (as amended to 4 October 2013) (‘Irish Constitution’), s 40(3), and Meskell v CIE [1973] IR 121.

There is also a third position—‘indirect horizontal action’—which allows for the invocation of constitutional rights in private actions under the general law, see Stephen Gardbaum, ‘The Structure of a Free Speech Right’, Chapter 12 in this volume, p. 224.

As in Canada, see Adrienne Stone, ‘Canadian Constitutional Law of Freedom of Expression’, in Richard Albert and David R Cameron (eds), Canada in the World: Comparative Perspectives on the Canadian Constitution (CUP 2017).

See Jack Balkin, ‘Free Speech Is a Triangle’ (2012) 118 Colum L Rev 2011; see also Tim Wu, ‘Is the First Amendment Obsolete?’ (2018) 117 Mich L Rev 547. 568.

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267 Freedom Essay Topics & Examples

Need freedom topics for an essay or research paper? Don’t know how to start writing your essay? The concept of freedom is very exciting and worth studying!

📃 Freedom Essay: How to Start Writing

📝 how to write a freedom essay: useful tips, 🏆 freedom essay examples & topic ideas, 🥇 most interesting freedom topics to write about, 🎓 simple topics about freedom, 📌 writing prompts on freedom, 🔎 good research topics about freedom, ❓ research questions about freedom.

The field of study includes personal freedom, freedom of the press, speech, expression, and much more. In this article, we’ve collected a list of great writing ideas and topics about freedom, as well as freedom essay examples and writing tips.

Freedom essays are common essay assignments that discuss acute topics of today’s global society. However, many students find it difficult to choose the right topic for their essay on freedom or do not know how to write the paper.

We have developed some useful tips for writing an excellent paper. But first, you need to choose a good essay topic. Below are some examples of freedom essay topics.

Freedom Essay Topics

  • American (Indian, Taiwanese, Scottish) independence
  • Freedom and homelessness essay
  • The true value of freedom in modern society
  • How slavery affects personal freedom
  • The problem of human rights and freedoms
  • American citizens’ rights and freedoms
  • The benefits and disadvantages of unlimited freedom
  • The changing definition of freedom

Once you have selected the issue you want to discuss (feel free to get inspiration from the ones we have suggested!), you can start working on your essay. Here are 10 useful tips for writing an outstanding paper:

  • Remember that freedom essay titles should state the question you want to discuss clearly. Do not choose a vague and non-descriptive title for your paper.
  • Work on the outline of your paper before writing it. Think of what sections you should include and what arguments you want to present. Remember that the essay should be well organized to keep the reader interested. For a short essay, you can include an introduction, three body paragraphs, and a conclusion.
  • Do preliminary research. Ask your professor about the sources you can use (for example, course books, peer-reviewed articles, and governmental websites). Avoid using Wikipedia and other similar sources, as they often have unverified information.
  • A freedom essay introduction is a significant part of your paper. It outlines the questions you want to discuss in the essay and helps the reader understand your work’s purpose. Remember to state the thesis of your essay at the end of this section.
  • A paper on freedom allows you to be personal. It should not focus on the definition of this concept. Make your essay unique by including your perspective on the issue, discussing your experience, and finding examples from your life.
  • At the same time, help your reader to understand what freedom is from the perspective of your essay. Include a clear explanation or a definition with examples.
  • Check out freedom essay examples online to develop a structure for your paper, analyze the relevance of the topics you want to discuss and find possible freedom essay ideas. Avoid copying the works you will find online.
  • Support your claims with evidence. For instance, you can cite the Bill of Rights or the United States Constitution. Make sure that the sources you use are reliable.
  • To make your essay outstanding, make sure that you use correct grammar. Grammatical mistakes may make your paper look unprofessional or unreliable. Restructure a sentence if you think that it does not sound right. Check your paper several times before sending it to your professor.
  • A short concluding paragraph is a must. Include the summary of all arguments presented in the paper and rephrase the main findings.

Do not forget to find a free sample in our collection and get the best ideas for your essay!

  • Freedom of Expression Essay For one to be in a position to gauge the eventuality of a gain or a loss, then there should be absolute freedom of expression on all matters irrespective of the nature of the sentiments […]
  • Freedom of Speech in Social Media Essay Gelber tries to say that the history of the freedom of speech in Australia consists of the periods of the increasing public debates on the issue of human rights and their protection.
  • Philosophy and Relationship between Freedom and Responsibility Essay As a human being, it is hard to make a decision because of the uncertainty of the outcome, but it is definitely essential for human being to understand clearly the concept and connection between freedom […]
  • Freedom Writers: Promoting Good Moral Values The movie portrays a strong and civilized view of the world; it encourages development and use of positive moral values by people in making the world a better place.
  • Human Will & Freedom and Moral Responsibility Their understanding of the definition of human will is based on the debate as to whether the will free or determined.
  • Rio (2011) and the Issue of Freedom As a matter of fact, this is the only scene where Blu, Jewel, Linda, Tulio, and the smugglers are present at the same time without being aware of each other’s presence.
  • Freedom and equality According to Liliuokalani of Hawaii, the conquest contravened the basic rights and freedoms of the natives and their constitution by undermining the power of their local leaders.
  • Freedom and Determinism On the other hand, determinism theory explains that there is an order that leads to occurrences of events in the world and in the universe.
  • Human Freedom in Relation to Society Human freedom has to do with the freedom of one’s will, which is the freedom of man to choose and act by following his path through life freely by exercising his ‘freedom’).
  • Rousseau and Kant on their respective accounts of freedom and right The difference in the approaches assumed by Kant and Rousseau regarding the norms of liberty and moral autonomy determine the perspective of their theories of justice.
  • The Efforts and Activities of the Paparazzi are Protected by the Freedom of the Press Clause of the Constitution The First Amendment of the American constitution protects the paparazzi individually as American citizens through the protection of their freedom of speech and expression and professionally through the freedom of the press clause.
  • “Long Walk to Freedom” by Nelson Mandela In the fast developing world, advances and progress move countries and nations forward but at the same time, some things are left behind and become a burden for the people and evolution to better life […]
  • Jean-Paul Sartre’s Views on Freedom For example, to Sartre, a prisoner of war is free, existentially, but this freedom does not exist in the physical realm.
  • Four Freedoms by President Roosevelt Throughout the discussion we shall elaborate the four freedoms in a broader way for better understating; we shall also describe the several measures that were put in place in order to ensure the four freedoms […]
  • “Gladiator” by Ridley Scott: Freedom and Affection This desire to be free becomes the main motive of the film, as the plot follows Maximus, now enslaved, who tries to avenge his family and the emperor and regain his liberty.
  • Freedom in Henrik Ibsen’s “A Doll’s House” Literature Analysis In Henrik Ibsen’s A Doll’s House, the main character, Nora is not an intellectual, and spends no time scouring books or libraries or trying to make sense of her situation.
  • Fighting for the Right to Choose: Students Should Have the Freedom to Pick the Courses They Want Consequently, students should be allowed to pick the subjects which they are going to study together with the main one. Thus, students should be allowed to choose the subjects they need in accordance with their […]
  • 70’s Fashion as a Freedom of Choice However, with the end of the Vietnam War, the public and the media lost interest in the hippie style in the middle of the decade, and began to lean toward the mod subculture. The 70’s […]
  • Freedom and the Role of Civilization The achievements demonstrated by Marx and Freud play a significant role in the field of sociology and philosophy indeed; Marx believed in the power of labor and recognized the individual as an integral part of […]
  • Personal Freedom in A Doll’s House, A Room of One’s Own, and Diary of a Madman In Chapter Three of Virginia Woolf’s A Room of One’s Own, the protagonist attempts to make sense of the nonsensical elements of female history, namely, how it could be that “in Athena’s city, where women […]
  • Personal Understanding of Freedom Freedom is essential for individual growth and development, and it helps individuals to make informed decisions that are in alignment with their values and beliefs.
  • Is the Good Life Found in Freedom? Example of Malala Yousafzai The story of Malala has shown that freedom is crucial for personal happiness and the ability to live a good life.
  • Chapters 4-6 of ”From Slavery to Freedom” by Franklin & Higginbotham At the same time, the portion of American-born slaves was on the increase and contributed to the multiracial nature of the population.
  • Protecting Freedom of Expression on the Campus An annotated version of “Protecting Freedom of Expression on the Campus” by Derek Bok in The Boston Globe.*and these stars are where I have a question or opinion on a statement* For several years, universities […]
  • Art and Freedom. History and Relationship The implication of this term is that genus art is composed of two species, the fine arts, and the useful arts. This, according to Cavell, is the beauty of art.
  • Power and Freedom in America Although it is already a given that freedom just like the concept love is not easy to define and the quest to define it can be exhaustive but at the end of the day what […]
  • Mandela’s Leadership: Long Walk to Freedom The current paper analyses the effectiveness of leadership with reference to Nelson Mandela, the late former president of South Africa, as depicted in the movie, Mandela: Long Walk to Freedom.
  • Social Values: Freedom and Justice It is evident that freedom and justice are mutually exclusive, as “the theory of justice signifies its implications in regards to freedom as a key ingredient to happiness”.
  • Satre human freedom Sartre continues to explain that freedom is the central factor in human beings and it is permanently connected to the “for-itself” or consciousness. In the end, Sartre’s definition of freedom is that it is the […]
  • Freedom of Expression in the Classroom The NEA Code of Ethics establishes a link between this Freedom and a teacher’s responsibilities by requiring instructors to encourage “independent activity in the pursuit of learning,” provide “access to diverse points of view,” and […]
  • Freedom, Equality & Solidarity by Lucy Parsons In the lecture and article ‘The Principles of Anarchism’ she outlines her vision of Anarchy as the answer to the labor question and how powerful governments and companies worked for hand in hand to stifle […]
  • Human Freedom: Liberalism vs Anarchism It is impoverished because liberals have failed to show the connection between their policies and the values of the community. More fundamentally, however, a policy formulated in such a way that it is disconnected from […]
  • Voices of Freedom The history of the country is made up of debates, disagreements and struggles for freedom that have seen the Civil War, and the Cold War which have changed the idea of freedom in the US.
  • “Freedom Riders”: A Documentary Revealing Personal Stories That Reflect Individual Ideology The ideal of egalitarianism was one of the attractive features of the left wing for many inquiring minds in the early decades of the 20th century.
  • Women in Early America: Struggle, Survival, and Freedom in a New World The writer shows that women had the same capacities as those of men but were not allowed to contribute their ideas in developing the country.
  • Freedom in Antebellum America: Civil War and Abolishment of Slavery The American Civil War, which led to the abolishment of slavery, was one of the most important events in the history of the United States.
  • The meaning of freedom today In order to come up with an agreeable and logical definition of freedom as it is in the contemporary society, people have critically analyzed the input of these philosophers and their definition of freedom in […]
  • Concept of Individual Freedom Rousseau and Mill were political philosophers with interest in understanding what entailed individual freedom. This paper compares Rousseau’s idea of individual freedom with Mill’s idea.
  • Predetermination and Freedom of Choice We assume that every happens because of a specific reason and that the effects of that event can be traced back to the cause.
  • Freedom and Social Justice Through Technology These two remarkable minds have made significant contributions to the debates on technology and how it relates to liberty and social justice.
  • Balancing Freedom of Speech and Responsibility in Online Commenting The article made me perceive the position of absolute freedom of speech in the Internet media from a dual perspective. This desire for quick attention is the creation of information noise, distracting from the user […]
  • The Effect of Emotional Freedom Techniques on Nurses’ Stress The objectives for each of the three criteria are clearly stated, with the author explaining the aims to the reader well throughout the content in the article’s title, abstract, and introduction.
  • The Freedom Summer Project and Black Studies The purpose of this essay is to discuss to which degree the story of the Freedom Summer project illustrates the concepts of politics outlined in Karenga’s book Introduction to black studies.
  • Democracy: The Influence of Freedom Democracy is the basis of the political systems of the modern civilized world. Accordingly, the democracy of Athens was direct that is, without the choice of representatives, in contrast to how it is generated nowadays.
  • Freedom of Speech as a Basic Human Right Restricting or penalizing freedom of expression is thus a negative issue because it confines the population of truth, as well as rationality, questioning, and the ability of people to think independently and express their thoughts.
  • Kantian Ethics and Causal Law for Freedom The theory’s main features are autonomy of the will, categorical imperative, rational beings and thinking capacity, and human dignity. The theory emphasizes not on the actions and the doers but the consequences of their effects […]
  • Principles in M. L. King’s Quest for African American Freedom The concept of a nonviolent approach to the struggles for African American freedom was a key strategy in King’s quest for the liberation of his communities from racial and social oppressions.
  • Technology Revolutionizing Ethical Aspects of Academic Freedom As part of the solution, the trends in technology are proposed as a potential solution that can provide the necessary support to improve the freedom of expression as one of the ethical issues that affect […]
  • The Journey Freedom Tour 2022 Performance Analysis Arnel Pineda at age 55 keeps rocking and hitting the high notes and bringing the entire band very successfully all through their live concert tour.
  • Freedom of Speech and Propaganda in School Setting One of the practical solutions to the problem is the development and implementation of a comprehensive policy for balanced free speech in the classroom.
  • Twitter and Violations of Freedom of Speech and Censorship The sort of organization that examines restrictions and the opportunities and challenges it encounters in doing so is the center of a widely acknowledged way of thinking about whether it is acceptable to restrict speech.
  • Freedom of the Press and National Security Similarly, it concerns the freedom of the press of the media, which are protected in the United States of America by the First Amendment.
  • The Views on the Freedom from Fear in the Historical Perspective In this text, fear is considered in the classical sense, corresponding to the interpretation of psychology, that is, as a manifestation of acute anxiety for the inviolability of one’s life.
  • Freedom of Speech in Social Networks The recent case of blocking the accounts of former US President Donald Trump on Twitter and Facebook is explained by the violation of the rules and conditions of social platforms.
  • Emotion and Freedom in 20th-Century Feminist Literature The author notes that the second layer of the story can be found in the antagonism between the “narrator, author, and the unreliable protagonist”.
  • Analysis of UK’s Freedom of Information Act 2000 To preserve potentially disruptive data that must not be released to the public, the FOIA integrates several provisions that allow the officials to decline the request for information without suffering possible consequences.
  • Fight for Freedom, Love Has No Labels, and Ad Council: Key Statement The most important part of the message, to me, is the fact that the freedoms mentioned in the PSA are not available to every American citizen, despite America being the land of freedom.
  • Teachers’ Freedom of Speech in Learning Institutions The judiciary system has not clearly defined the limits of the First Amendment in learning institutions, and it’s a public concern, especially from the teachers.
  • Is There Press Freedom in Modern China? There is a large body of literature in the field of freedom of the press investigations, media freedom in China, and press freedom and human rights studies.
  • Freedom of the Press in the Context of UAE It gives the people the ability to understand the insight of the government and other crucial activities happening within the country.
  • Freedom of the Press in the United Arab Emirates (UAE) According to oztunc & Pierre, the UAE is ranked 119 in the global press freedom data, classifying the country as one of the most suppressive regarding the liberty of expression.
  • Mill’s Thesis on the Individual Freedom The sphere of personal freedom is an area of human life that relates to the individual directly. The principle of state intervention is that individuals, separately or collectively, may have the right to interfere in […]
  • Privacy and Freedom of Speech of Companies and Consumers At the same time, in Europe, personal data may be collected following the law and only with the consent of the individuals.
  • Review of “Mandela: Long Walk to Freedom” From the youth, Mandela started to handle the unfairness of isolation and racial relations in South Africa. In Mandela: Long Walk to Freedom, Chadwick’s masterful screen memoir of Nelson Mandela passes on the anguish as […]
  • Expansion of Freedom and Slavery in British America The settlement in the city of New Plymouth was founded by the second, and it laid the foundation for the colonies of New England.
  • Power, Property, and Freedom: Bitcoin Discourse In the modern world, all people have the right to freedom and property, but not all have the power to decide who may have this freedom and property.
  • Religious Freedom Policy Evaluation Ahmed et al.claim that the creation of the ecosystem can facilitate the change as the members of the community share their experiences and learn how to respond to various situations.
  • The Concepts of Freedom and the Great Depression Furthermore, blacks were elected to construct the constitution, and black delegates fought for the rights of freedpeople and all Americans. African-Americans gained the freedom to vote, work, and be elected to government offices during Black […]
  • Freedom of Choices for Women in Marriage in “The Story of an Hour” The story describes the sentiments and feelings of Louisa Mallard when she learns the news about her husband. The readers can see the sudden reaction of the person to the demise of her significant other.
  • Freedom of Speech in Shouting Fire: Stories From the Edge of Free Speech Even though the First Amendment explicitly prohibits any laws regarding the freedom of speech, Congress continues to make exceptions from it.
  • Personal Freedom: The Importance in Modern Society To show my family and friends how important they are to me, I try contacting them more often in the way they prefer.
  • Economic Freedom and Its Recent Statements Economic freedom is an important indicator and benchmark for the level of income of companies or individual citizens of a country.
  • The Freedom Concept in Plato’s “Republic” This situation shows that the concept of democracy and the freedom that correlates with it refers to a flawed narrative that liberty is the same as equality.
  • Freedom of Speech as the Most Appreciated Liberty In the present-day world, the progress of society largely depends on the possibility for people to exercise their fundamental rights. From this perspective, freedom of speech is the key to everyone’s well-being, and, in my […]
  • The Wealth of Networks: How Social Production Transforms Markets and Freedom In the introductory part of the book, the author discusses his main theses concerning the link between the development of networks and shifts in the economy and society.
  • Freedom of Association for Radical Organizations This assertion is the primary and fundamental argument in the debate on this topic – radical groups should not use freedom of association to harm other people potentially.
  • Freedom of Expression on the Internet Randall describes the challenges regarding the freedom of speech raised by the Internet, such as anonymity and poor adaptation of mass communication to the cyber environment.
  • Black Sexual Freedom and Manhood in “For Colored Girls” Movie Despite the representation of Black sexual freedoms in men and women and Black manhood as a current social achievement, For Colored Girls shows the realities of inequality and injustice, proving womanism’s importance in America.
  • Frederick Douglass’s My Bondage and My Freedom Review He criticizes that in spite of the perceived knowledge he was getting as a slave, this very light in the form of knowledge “had penetrated the moral dungeon”.
  • The Essence of Freedom of Contract The legal roots of the notion of freedom of contract are manifested in the ideals of liberalism and theoretical capitalism, where the former values individual freedom and the latter values marker efficiency and effectiveness.
  • Why Defamation Laws Must Prioritize Freedom of Speech The body of the essay will involve providing information on the nature of defamation laws in the USA and the UK, the implementation of such laws in the two countries, and the reason why the […]
  • Pettit’s Conception of Freedom as Anti-Power According to Savery and Haugaard, the main idea that Pettit highlights in this theory is the notion that the contrary to freedom is never interference as many people claim, but it is slavery and the […]
  • Domination in the Discussion of Freedom For this reason, the principle of anti-power should be considered as the position that will provide a better understanding of the needs of the target population and the desirable foreign policy to be chosen.
  • Freedom or Security: Homeland Issues In many ways, the author sheds light on the overreactions or inadequate responses of the US government, which led to such catastrophes as 9/11 or the war in Iraq.
  • War on Terror: Propaganda and Freedom of the Press in the US There was the launching of the “Center for Media and Democracy”, CMD, in the year 1993 in order to create what was the only public interest at that period. There was expansive use of propaganda […]
  • The Freedom of Expression and the Freedom of Press It is evident that the evolution of standards that the court has adopted to evaluate the freedom of expression leaves a lot to be desired. The court has attempted to define the role of the […]
  • Information and Communication Technology & Economic Freedom in Islamic Middle Eastern Countries This is a unique article as it gives importance to the role ecommerce plays in the life of the educationists and students and urges that the administrators are given training to handle their students in […]
  • The Path to Freedom of Black People During the Antebellum Period In conclusion, the life of free blacks in 19th century America was riddled with hindrances that were meant to keep them at the bottom of society.
  • Civil Rights Movement: Fights for Freedom The Civil Rights Movement introduced the concept of black and white unification in the face of inequality. Music-related to justice and equality became the soundtrack of the social and cultural revolution taking place during the […]
  • Voices of Freedom: Lincoln, M. L. King, Kirkaldy He was named after his grandfather Abraham Lincoln, the one man that was popular for owning wide tracks of land and a great farmer of the time.
  • Freedom: Malcolm X’s vs. Anna Quindlen’s Views However, in reality, we only have the freedom to think whatever we like, and only as long as we know that this freedom is restricted to thought only.
  • Net Neutrality: Freedom of Internet Access In the principle of Net neutrality, every entity is entitled access and interaction with other internet users at the same cost of access.
  • The Golden Age of Youth and Freedom However, it is interesting to compare it to the story which took place at the dawn of the cultural and sexual revolution in Chinese society.
  • Academic Freedom: A Refuge of Intellectual Individualism Also known as intellectual, scientific or individual freedom, academic freedom is defined as the freedom of professionals and students to question and to propose new thoughts and unpopular suggestions to the government without jeopardizing their […]
  • The Literature From Slavery to Freedom Its main theme is slavery but it also exhibits other themes like the fight by Afro-Americans for freedom, the search for the identity of black Americans and the appreciation of the uniqueness of African American […]
  • John Stuart Mill on Freedom in Today’s Perspective The basic concept behind this rose because it was frustrating in many cases in the context of the penal system and legislation and it was viewed that anything less than a capital punishment would not […]
  • Conformity Versus Freedom at University To the author, this is objectionable on the grounds that such a regimen infringes on the freedom of young adults and that there is much to learn outside the classroom that is invaluable later in […]
  • US Citizens and Freedom As an example of freedom and obtaining freedom in the US, the best possible subject would be the Civil Rights Movement of the 1960s, particularly during 1963-64, as this would serve as the conceptual and […]
  • Value of Copyright Protection in Relation to Freedom of Speech The phrase, freedom of expression is often used to mean the acts of seeking, getting, and transfer of information and ideas in addition to verbal speech regardless of the model used. It is therefore important […]
  • Social Factors in the US History: Respect for Human Rights, Racial Equality, and Religious Freedom The very first years of the existence of the country were marked by the initiatives of people to provide as much freedom in all aspects of social life as possible.
  • Freedom of Speech and the Internet On the one hand, the freedom of expression on the internet allowed the general public to be informed about the true nature of the certain events, regardless of geographical locations and restrictions.
  • Freedom Definition Revision: Components of Freedom That which creates, sustains, and maintains life in harmony with the natural cycles of this planet, doing no harm to the ecology or people of the Earth- is right.
  • Freedom of Information Act in the US History According to the legislation of the United States, official authorities are obliged to disclose information, which is under control of the US government, if it is requested by the public.
  • Media Freedom in the Olympic Era The Chinese government is heavily involved in the affairs of the media of that country. In the past, it was the responsibility of government to fund media houses however; today that funding is crapped off.
  • Managing the Internet-Balancing Freedom and Regulations The explosive growth in the usage of Internet forms the basis of new digital age. Aim of the paper is to explore the general role of internet and its relationship with the society.
  • Ways Liberals Define Freedom Liberals are identified by the way they value the freedom of individuals, freedom of markets, and democratic freedoms. The term freedom is characterized by Liberals as they use it within the context of the relationship […]
  • Balance of Media Censorship and Press Freedom Government censorship means the prevention of the circulation of information already produced by the official government There are justifications for the suppression of communication such as fear that it will harm individuals in the society […]
  • Boredom and Freedom: Different Views and Links Boredom is a condition characterized by low levels of arousal as well as wandering attention and is normally a result of the regular performance of monotonous routines.
  • The Idea of American Freedom Such implications were made by the anti-slavery group on each occasion that the issue of slavery was drawn in the Congress, and reverberated wherever the institution of slavery was subjected to attack within the South.
  • Liberal Definition of Freedom Its origins lie in the rejection of the authoritarian structures of the feudalistic order in Europe and the coercive tendencies and effects of that order through the imposition of moral absolutes.
  • Newt Gingrich Against Freedom of Speech According to the constitution, the First Amendment is part of the United States Bill of rights that was put in place due to the advocation of the anti-federalists who wanted the powers of the federal […]
  • Freedom is One of the Most Valuable Things to Man Political philosophers have many theories in response to this and it is necessary to analyze some of the main arguments and concepts to get a clearer idea of how to be more precise about the […]
  • The Enlightment: The Science of Freedom In America, enlightment resulted to the formation of the American Revolution in the form of resistance of Britain imperialism. In the United States of America, enlightment took a more significant form as demonstrated by the […]
  • Determinism and Freedom in the movie ‘Donnie Darko’ The term determinism states, the all the processes in the world are determined beforehand, and only chosen may see or determine the future.
  • Spinoza’ Thoughts on Human Freedom The human being was once considered of as the Great Amphibian, or the one who can exclusively live in the two worlds, a creature of the physical world and also an inhabitant of the spiritual, […]
  • Political Freedom According to Machiavelli and Locke In this chapter, he explains that “It may be answered that one should wish to be both, but, because it is difficult to unite them in one person, is much safer to be feared than […]
  • Freedom From Domination: German Scientists’ View He made the greatest ever attempt to unify the country, as Western Europe was divided into lots of feudal courts, and the unification of Germany led to the creation of single national mentality and appearing […]
  • The Freedom of Speech: Communication Law in US By focusing on the on goings in Guatemala, the NYT may have, no doubt earned the ire of the Bush administration, but it is also necessary that the American people are made aware of the […]
  • Freedom of Speech and Expression in Music Musicians are responsible and accountable for fans and their actions because in the modern world music and lyrics become a tool of propaganda that has a great impact on the circulation of ideas and social […]
  • American Vision and Values of Political Freedom The significance of the individual and the sanctity of life were all central to the conceptions of Plato, Aristotle, or Cicero.
  • Democracy and Freedom in Pakistan Pakistan lies in a region that has been a subject of worldwide attention and political tensions since 9/11. US influence in politics, foreign and internal policies of Pakistan has always been prominent.
  • Spanish-American War: The Price of Freedom He was also the only person in the history of the United States to have attained the rank of Admiral of the Navy, the most senior rank in the United States Navy.
  • Male Dominance as Impeding Female Sexual Freedom Therefore, there is a need to further influence society to respect and protect female sexuality through the production of educative materials on women’s free will.
  • Interrelation and Interdependence of Freedom, Responsibility, and Accountability Too much responsibility and too little freedom make a person unhappy. There must be a balance between freedom and responsibility for human happiness.
  • African American History: The Struggle for Freedom The history of the Jacksons Rainbow coalition shows the rise of the support of the African American politicians in the Democratic party.
  • Franklin D. Roosevelt’s Definition of Freedom The case of Nicola Sacco can be seen as the starting point of the introduction of Roosevelt’s definition of freedom as liberty for all American citizens.
  • Freedom of Speech and International Relations The freedom of speech or the freedom of expression is a civil right legally protected by many constitutions, including that of the United States, in the First Amendment.
  • Canada in Freedom House Organization’s Rating The Freedom in the World Reports are most notable because of their contribution to the knowledge about the state of civil and political liberties in different countries, ranking them from 1 to 7.
  • Philosophy of Freedom in “Ethics” by Spinoza Thus, the mind that is capable of understanding love to God is free because it has the power to control lust.
  • Slavery Abolition and Newfound Freedom in the US One of the biggest achievements of Reconstruction was the acquisition of the right to vote by Black People. Still, Black Americans were no longer forced to tolerate inhumane living conditions, the lack of self-autonomy, and […]
  • Japanese-American Internment: Illusion of Freedom The purpose of this paper is to analyze the internment of Japanese-Americans in Idaho as well as events that happened prior in order to understand how such a violation of civil rights came to pass […]
  • The Existence of Freedom This paper assumes that it is the cognizance of the presence of choices for our actions that validates the existence of free will since, even if some extenuating circumstances and influences can impact what choice […]
  • Philosophy, Ethics, Religion, Freedom in Current Events The court solely deals with acts of gross human rights abuses and the signatory countries have a statute that allows the accused leaders to be arrested in the member countries.
  • Mill’s Power over Body vs. Foucault’s Freedom John Stuart Mill’s view of sovereignty over the mind and the body focuses on the tendency of human beings to exercise liberalism to fulfill their self-interest.
  • Rousseau’s vs. Confucius’ Freedom Concept Similarly, the sovereignty of a distinctive group expresses the wholeness of its free will, but not a part of the group.
  • The Importance of Freedom of Speech In a bid to nurture the freedom of speech, the United States provides safety to the ethical considerations of free conversations.
  • Slavery and Freedom: The American Paradox Jefferson believed that the landless laborers posed a threat to the nation because they were not independent. He believed that if Englishmen ruled over the world, they would be able to extend the effects of […]
  • Freedom in the Workplace of American Society In the workplace, it is vital to implement freedom-oriented policies that would address the needs of each employee for the successful performance of the company which significantly depends on the operation of every participant of […]
  • 19th-Century Marxism with Emphasis on Freedom As the paper reveals through various concepts and theories by Marx, it was the responsibility of the socialists and scientists to transform the society through promoting ideologies of class-consciousness and social action as a way […]
  • Political Necessity to Safeguard Freedom He determined that the existence of the declared principles on which the fundamental structure of equality is based, as well as the institutions that monitor their observance, is the critical prerequisite for social justice and […]
  • Aveo’s Acquisition of Freedom Aged Care Portfolio The mode of acquisition points to the possibility that Freedom used the White Knight defense mechanism when it approached the Aveo group.
  • Aveo Group’s Acquisition of Freedom Aged Care Pty Ltd The annual report of AVEO Group indicated that the company acquired Freedom Aged Care based on its net book value. It implies that the Aveo Group is likely to achieve its strategic objectives through the […]
  • Freedom Hospital Geriatric Patient Analysis The importance of statistics in clinical research can be explained by a multitude of factors; in clinical management, it is used for monitoring the patients’ conditions, the quality of health care provided, and other indicators.
  • Hegel and Marx on Civil Society and Human Freedom First of all, the paper will divide the concepts of freedom and civil society in some of the notions that contribute to their definitions.
  • Individual Freedom: Exclusionary Rule The exclusionary rule was first introduced by the US Supreme Court in 1914 in the case of Weeks v.the United States and was meant for the application in the federal courts only, but later it […]
  • History of American Conceptions and Practices of Freedom The government institutions and political regimes have been accused of allowing amarginalisation’ to excel in the acquisition and roles assigned to the citizens of the US on the basis of social identities.
  • Canada’s Freedom of Speech and Its Ineffectiveness In the developed societies of the modern world, it is one of the major premises that freedom of expression is the pivotal character of liberal democracy.
  • Freedom and Liberty in American Historical Documents The 1920s and the 1930s saw particularly ardent debates on these issues since it was the time of the First World War and the development of the American sense of identity at the same time.
  • Anglo-American Relations, Freedom and Nationalism Thus, in his reflection on the nature of the interrelations between two powerful empires, which arose at the end of the 19th century, the writer argues that the striving of the British Empire and the […]
  • American Student Rights and Freedom of Speech As the speech was rather vulgar for the educational setting, the court decided that the rights of adults in public places cannot be identic to those the students have in school.
  • Freedom of Speech in Modern Media At the same time, the bigoted approach to the principles of freedom of speech in the context of the real world, such as killing or silencing journalists, makes the process of promoting the same values […]
  • Singapore’s Economic Freedom and People’s Welfare Business freedom is the ability to start, operating and closing a business having in mind the necessary regulations put by the government.
  • “Advancing Freedom in Iraq” by Steven Groves The aim of the article is to describe the current situation in Iraq and to persuade the reader in the positive role of the U.S.authorities in the promoting of the democracy in the country.
  • Freedom: Definition, Meaning and Threats The existence of freedom in the world has been one of the most controversial topics in the world. As a result, he suggests indirectly that freedom is found in the ability to think rationally.
  • Expression on the Internet: Vidding, Copyright and Freedom It can be defined as the practice of creating new videos by combining the elements of already-existing clips. This is one of the reasons why this practice may fall under the category of fair use.
  • Doha Debate and Turkey’s Media Freedom He argued that the Turkish model was a work in progress that could be emulated by the Arab countries not only because of the freedom that the government gave to the press, but also the […]
  • The Pursuit of Freedom in the 19th Century Britain The ambition to improve one’s life was easily inflated by the upper grade that focused on dominating the system at the expense of the suffering majority.
  • The Story of American Freedom The unique nature of the United States traces its history to the formation of political institutions between 1776 and 1789, the American Revolution between 1776 and 1783 and the declaration of independence in 1776. Additionally, […]
  • Military Logistics in Operation “Iraqi Freedom” It was also very easy for the planners to identify the right amount of fuel needed for distribution in the farms, unlike other classes of supply which had a lot of challenges. The soldiers lacked […]
  • The Freedom of Information Act The Freedom of Information Act is popularly understood to be the representation of “the people’s right to know” the various activities of the government.
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✍️ Freedom Essay Topics for College

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  • How Effectively the Constitution Protects Freedom?
  • Why Should Myanmar Have Similar Freedom of Speech Protections to the United States?
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  • Why Freedom and Equality Is an Artificial Creation Created?
  • How the Attitudes and Freedom of Expression Changed for African Americans Over the Years?
  • What Are the Limits of Freedom of Speech?
  • How Far Should the Right to Freedom of Speech Extend?
  • Is There a Possible Relationship Between Human Rights and Freedom of Expression and Opinion?
  • How Technology Expanded Freedom in the Society?
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  • How the Civil War Sculpted How Americans Viewed Their Nation and Freedom?
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  • Was Operation Iraqi Freedom a Legitimate and Just War?
  • Could Increasing Political Freedom Be the Key To Reducing Threats?
  • How Does Financial Freedom Help in Life?
  • What Are Human Rights and Freedoms in Modern Society?
  • How the Canadian Charter of Rights and Freedom Affects the Canadian Politics?
  • Why Should Schools Allow Religious Freedom?
  • Does Internet Censorship Threaten Free Speech?
  • How Did the American Civil War Lead To the Defeat of Slavery and Attainment of Freedom by African Americans?
  • Why Are Men Willing To Give Up Their Freedom?
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  • Should Artists Have Total Freedom of Expression?
  • How Does Democracy, Economic Freedom, and Taxation Affect the Residents of the European Union?
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  • How To Achieving Early Retirement With Financial Freedom?
  • Chicago (A-D)
  • Chicago (N-B)

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Freedom of Speech Essay

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Topic: What freedom of speech means to me

Freedom of speech is one of the most fundamental rights we have in this great nation today. Our founding fathers came from a tyrannical rule and kept that in mind while framing the constitution we follow today. It was freedom of speech that allowed some of the greatest voices in history to get us to our free and prosperous country.

It is people like Bob Moses, Martin Luther King Jr., Lola Hendricks, Will Roscoe, Gloria Steinem and many other American activists that exercised this right to free speech to demand change in our now free and prosperous country. These names and many more have left their mark on this country, and for the better, I should add. You might not see it but everyday you, me, your friends, my friends, and people you don’t even know around the country are graciously enjoying this right. This leads me to my next subject on this matter. How do we have this right?

Many people exercise this right but not many people put much thought into how we are able to enjoy it in our homes, schools, and other environments in America. The answer to this is other people. We have a very large military that has stood strong for our rights for generations prior and many generations to come. These people, whether you recognize it or not, risk their lives, give everything up, leave their friends and families for long periods of time with the knowledge in their mind they might not come back, to fight for us. Not only for people they know but for everyone.

People don’t know even exist, but they do it anyway because they’re some of the bravest people on this planet. Freedom of speech to me is freedom itself. Without this right, I dare say we shouldn’t be considered free at all. It is the ability to make a change, the ability to love and to hate, to express anger or happiness. Freedom of speech is freedom itself.

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introduction for freedom of speech essay

Freedom of Speech Essay: Example and Tips

introduction for freedom of speech essay

  • 1 Freedom of Speech Essay
  • 2 Examples of topics for freedom of speech essay
  • 3 Examples of famous violations of freedom of speech
  • 4 Example of introduction of freedom of speech essay
  • 5 Example of the main part of freedom of speech essay
  • 6 Example of conclusion of freedom of speech essay

Freedom of Speech Essay

Most often, problems with writing essays arise in students who do not know even the basic principles of the time management. Our first and main advice to all students is to correctly calculate the time. Allocate to the writing of the essay enough time and then, even when faced with difficulties, you will have the opportunity to solve them easily and without stress.

Freedom of speech is a topic difficult enough for writing an essay. There will not be enough of your own thoughts and ideas, and you will have to turn to accessible literature on this topic. We advise you to read at least several articles on this topic and get acquainted with the legislation of your and other countries.

It will not be superfluous to use specific examples in the essay that will best illustrate your point of view. Statistical data is also appropriate. When working with statistics, remember that the data should be checked and taken from reliable sources. Besides, it should be new.

Examples of topics for freedom of speech essay

  • Freedom of speech in the United States
  • Freedom of speech and “fake news”
  • State of freedom of speech in different countries of the world
  • Reasons for the fall in the level of freedom speech in the world in recent years

Examples of famous violations of freedom of speech

The freedom of speech, freedom of opinion in the history of many peoples had a tragic fate. You can use these famous examples of via lotions of freedom of speech to illustrate your point of view in the essay.

  • French philosopher Voltaire ridiculed Duke Rogan. The Duke ordered his nephews to beat Voltaire, which was accomplished. Voltaire called the duke for a duel. But he refused, since Voltaire was not a nobleman.
  • On April 16, 1852, Russian writer I. S. Turgenev was imprisoned for an article about Gogol.
  • The author of Robinson Crusoe D. Defoe was sentenced to imprisonment for a satirical article. He spent the day tied to the shameful pillar on the square. Defoe was then forty-two years old.
  • The famous Italian philosopher, Giordano Bruno, was burned at the stake for “heretic philosophy.”
  • J. Russo for the book “Emil” was sentenced to imprisonment. Ran to England.
  • Beaumarchais after the presentation of his play “The Wedding of Figaro” was arrested and imprisoned.

Example of introduction of freedom of speech essay

Freedom of speech is one of the guarantees that our rights will not be violated, that the next dictator does not usurp to power, that we can and will fight corruption not only in words, that nobody will be imprisoned just for that. Freedom of speech is a guarantee that such a law that will run counter to already existing laws will not be adopted.

Take Israel, for example. There is no ideal freedom of speech, there is still much to be desired. However, a few years ago, they discovered a bribe from the acting prime minister. The journalists took hold of this incident, talked about it in all media. Eventually Ehud Olmert sat in jail.

The only ones who are trying to destroy the freedom of speech are those who violate the law. And it always goes from top to bottom: from the top of the political pyramid to the bottom, when the journalists are frightened for their lives.

In a democratic society, politicians and journalists live in a very interesting symbiosis. Politicians through the newspapers see the mood of society, find out what the real problems are. Journalists, on the other hand, receive a lot of really interesting information, which makes them more popular and stronger.

Example of the main part of freedom of speech essay

Freedom of speech, expression and dissemination of information in the world has fallen to the lowest level in the last ten years, and journalism has become an increasingly dangerous profession. This follows from the report of the British human rights organization and the international research project Varieties of Democracy (V-Dem).

Human rights defenders analyzed the situation in 172 countries of the world from 2006 to 2016 on the basis of 32 social and political indicators, including censorship on the Internet, persecution of journalists, equality of social classes, level of corruption, etc.

In particular, over the past 10 years, censorship has increased on the Internet, and much of the content there “is regulated by several Internet companies whose standards do not differ in transparency.” And the governments of different countries go to unprecedented measures to suppress the votes of disagreeing and protest actions, in particular, non-profit organizations include in the lists of “foreign agents” with all the consequences and limitations for their work.

“We live in a time when governments around the world deviate from their human rights obligations. Freedom of speech is often the first victim: censorship in the name of national security, new laws to protect us from insults, and unprecedented monitoring of our private communication,” says the report.

The most significant deterioration in freedom of speech and expression of opinion is in Turkey, which the organization calls “the largest prison for journalists in the world.” There are 152 Turkish journalists in prisons. Over 170 media (newspapers, sites, TV channels, news agencies) were closed after last year’s coup attempt, 2,500 journalists were dismissed.

Among the most disadvantaged countries are Brazil, Burundi, Egypt, Venezuela, Poland and Bangladesh. In total, 79 journalists were killed last year, 259 journalists were sent to jail.

In addition, among the countries where “the suppression of political opponents by physical methods has intensified,” human rights defenders call Turkey, Burundi, Thailand and Russia. And in these countries more and more civil society is being suppressed.

But there are positive changes too, and among those countries where they occurred, Tunisia, Kyrgyzstan, Romania, Nepal and Sri Lanka are named.

Example of conclusion of freedom of speech essay

The freedom of speech in modern society is very necessary, because it is the most important thing that a person can have, if the material goods are thrown away. It is important that everyone can freely think and express their thoughts, so that he can express his opinion even if he does not like the majority, but it also has a place to be. And the main thing is that a person has equal rights with the rest, even though his point of view may be different. Therefore, people are at risk to achieve freedom of speech.

History knows a lot of examples when people gave their lives when fighting for their freedom of speech. And there is no need to explain why this sacrifice is worth it.

Freedom Essay for Students and Children

500+ words essay on freedom.

Freedom is something that everybody has heard of but if you ask for its meaning then everyone will give you different meaning. This is so because everyone has a different opinion about freedom. For some freedom means the freedom of going anywhere they like, for some it means to speak up form themselves, and for some, it is liberty of doing anything they like.

Freedom Essay

Meaning of Freedom

The real meaning of freedom according to books is. Freedom refers to a state of independence where you can do what you like without any restriction by anyone. Moreover, freedom can be called a state of mind where you have the right and freedom of doing what you can think off. Also, you can feel freedom from within.

The Indian Freedom

Indian is a country which was earlier ruled by Britisher and to get rid of these rulers India fight back and earn their freedom. But during this long fight, many people lost their lives and because of the sacrifice of those people and every citizen of the country, India is a free country and the world largest democracy in the world.

Moreover, after independence India become one of those countries who give his citizen some freedom right without and restrictions.

The Indian Freedom Right

India drafted a constitution during the days of struggle with the Britishers and after independence it became applicable. In this constitution, the Indian citizen was given several fundaments right which is applicable to all citizen equally. More importantly, these right are the freedom that the constitution has given to every citizen.

These right are right to equality, right to freedom, right against exploitation, right to freedom of religion¸ culture and educational right, right to constitutional remedies, right to education. All these right give every freedom that they can’t get in any other country.

Value of Freedom

The real value of anything can only be understood by those who have earned it or who have sacrificed their lives for it. Freedom also means liberalization from oppression. It also means the freedom from racism, from harm, from the opposition, from discrimination and many more things.

Get the huge list of more than 500 Essay Topics and Ideas

Freedom does not mean that you violate others right, it does not mean that you disregard other rights. Moreover, freedom means enchanting the beauty of nature and the environment around us.

The Freedom of Speech

Freedom of speech is the most common and prominent right that every citizen enjoy. Also, it is important because it is essential for the all-over development of the country.

Moreover, it gives way to open debates that helps in the discussion of thought and ideas that are essential for the growth of society.

Besides, this is the only right that links with all the other rights closely. More importantly, it is essential to express one’s view of his/her view about society and other things.

To conclude, we can say that Freedom is not what we think it is. It is a psychological concept everyone has different views on. Similarly, it has a different value for different people. But freedom links with happiness in a broadway.

FAQs on Freedom

Q.1 What is the true meaning of freedom? A.1 Freedom truly means giving equal opportunity to everyone for liberty and pursuit of happiness.

Q.2 What is freedom of expression means? A.2 Freedom of expression means the freedom to express one’s own ideas and opinions through the medium of writing, speech, and other forms of communication without causing any harm to someone’s reputation.

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Essay on Freedom of Speech for Children and Students

introduction for freedom of speech essay

Table of Contents

Essay on Freedom of Speech: Freedom of speech is one of the fundamental rights of the citizens of India. Many countries around the world allow freedom of speech to its citizens to empower them to share their thoughts and views.

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The government of India and many other countries provide freedom of speech to their citizens. This is especially so in the countries with democratic government. Here are essays of varying lengths on the topic Freedom of Speech to help you with the same in your exam. You can select any Freedom of Speech essay as per your need:

Long and Short Essay on Freedom of Speech in English

We have provided below short and long essay on freedom of speech in English. These essay have been written in simple English to let you easily remember the main points and present them whenever required.

These freedom of speech essay will brief you about the right to freedom of speech under the Constitution and what is its significance.

You can use these freedom of speech essays in your school’s/college’s essay writing, speech or debate competitions. You can also use these essays while having normal discussions with your family and friends.

Freedom of Speech Essay 1 (200 words)

Freedom of Speech is one of the fundamental rights provided to the citizens of India. It allows the citizens of our country to express their ideas and share their opinions freely. It allows the general public as well as the media to comment on any of the political activities and even show discontentment against the ones they find inappropriate.

Just like India many other countries also provide the Freedom of Speech and Expression to its citizens but with some limitations. The restrictions put on the Freedom of Speech vary from country to country. There are also many countries that do not allow this basic human right. The general public and the media in such countries are refrained from commenting on the activities carried out by the government. Criticism of government, political parties or ministers is a punishable offense in such countries.

While Freedom of Speech is essential for the overall growth of the society it may have certain negative repercussions too. People must not use it to disrespect or instigate others. The media must also act responsibly and not misuse the Freedom of Speech.

I am lucky to have born in India – a country that respects its citizens and provides them with all the rights that are needed for their growth and development.

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Freedom of Speech Essay 2 (300 words)

Introduction.

Freedom of speech is one of the basic rights given to the citizens of most of the countries across the globe. It enables the people residing in those countries to speak their mind without the fear of being punished by the law.

Origin of Freedom of Speech

The concept of freedom of speech originated long back. England’s Bill of Rights 1689 adopted freedom of speech as a constitutional right and it is still in effect. The French revolution in 1789 adopted the Declaration of Rights of Man and of the Citizen. This further affirmed the Freedom of Speech as an undeniable right. The Declaration of Freedom of Speech and Expression in Article 11 states:

“The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law”.

The Universal Declaration of Human Rights that was adopted in the year 1948 also states that everyone should have the freedom to express their ideas and opinions. Freedom of Speech and Expression has now formed a part of the international and regional human rights law.

Freedom of Speech – The Basis of Democracy

A democratic government gives various rights to its people including the right to elect the government of their country. Freedom of speech and expression is known to form the basis of a democratic nation. Merely electing the government is no use if the citizens do not have the right to voice their opinion in case they feel that the elected government is not performing as per the standards set by it initially. This is why right to freedom of speech is an essential right in the democratic nations. It forms the basis of democracy.

Freedom of speech empowers the people to share their ideas and bring about positive changes in the society.

Freedom of Speech Essay 3 (400 words)

Freedom of Speech is considered to be a basic right that every person must be entitled to. It is among the seven fundamental rights given to the citizens of India by the Indian constitution. It forms a part of the Right to Freedom that includes the freedom of speech and expression, right to life and liberty, freedom of movement, freedom of residence, right to practice any profession, freedom to form unions, associations or cooperatives, protection in regard to conviction in offences and protection against arrest in some cases.

Why is Freedom of Speech Essential?

Freedom of speech is essential for the all round growth and development of a person as well as a nation as a whole. Imposing restriction on what one speaks or hears can hamper the development of a person. It can even create discomfort and dissatisfaction that leads to stress. A nation filled with people full of discontent can never grow in the right direction.

Freedom of Speech gives way to open discussions that helps in exchange of ideas which is essential for the growth of the society. It is also essential to express one’s opinion about the political system of the country. When the government knows that it monitored and can be challenged or criticized for the steps it is taking, it acts more responsibly.

Freedom of Speech – Closely Related to Other Rights

Freedom of Speech is closely related to the other rights. It is mainly required to protect the other rights given to the citizens.Freedom of Speech is only when people have the right to express and speak freely they can raise their voice against anything that goes wrong. It enables them to take an active part in democracy rather than just being involved in the election process. Similarly, they can guard other rights such as the Right to Equality, Right to Freedom of Religion, Right against Exploitation and Right to Privacy only when they have the Freedom to Speech and Expression.

It is also closely related to the Right to Fair Trial. Freedom of Speech and Expression enables a person to put across his point freely during a trial which is extremely essential.

Freedom of speech gives the power to raise voice against any kind of injustice happening around. The governments of the countries that offer Right to Information and Opinion and Freedom of Speech and Expression must also welcome the opinions and ideas of their citizens and be receptive to change.

Freedom of Speech Essay 4 (500 words)

Freedom of Speech and Expression is one of the basic rights guaranteed to the citizens of India. It comes under the Right to Freedom which is among the seven fundamental rights included in the Indian constitution. The other rights include Right to Equality, Right to Freedom of Religion, Cultural and Educational Rights, Right to Privacy, Right against Exploitation and Right to Constitutional Remedies.

Freedom of Speech in India

The constitution of India provides Freedom of Speech to every citizen however with some restrictions. This means that the people can freely express their views about others as well as the government, political system, policies and bureaucracy. However, speech can restricted on moral grounds, security and provocation. Under the Right to Freedom in the Indian constitution, the citizens of the country have the following rights:

  • Freedom to speak and express ideas and opinions freely
  • to assemble peacefully without any arms and ammunitions
  • Freedom to form groups, unions and associations
  • to move freely in any part of the country
  • Freedom to settle in any part of the country
  • to practice any profession
  • Freedom to indulge in any kind of business or trade provided it is not unlawful.

India known as a democratic country in true sense. The people here have the right to information and can give their opinion on anything even the activities of the government. Freedom of Speech empowers the media to share all that is going on in the country as well as around the world. This makes the people more aware and also keeps them updated with the latest happenings from around the world.

Downside of Freedom of Speech

While the Freedom of Speech allows an individual to share his thoughts and ideas and contribute towards the betterment of his society and fellow citizens, there many disadvantages attached to it too. Many people misuse this freedom. They do not just express their views but also impose them on others. They instigate people and form groups to conduct unlawful activities. Media is also free to express its ideas and opinions. At times, the information shared by them creates panic amongst the general public. Certain news such as that related to the activities of different communal groups has even given rise to communal riots in the past. This disrupts the peace and harmony of the society.

Internet has augmented the Freedom of Speech and Expression. The advent of social media platforms has furthered it all the more. People these days are eager to give their views on anything and everything whether they have knowledge about the same or not. They write hateful comments without caring if they are hurting someone’s feelings or intruding in someone’s personal space. This can certainly termed as the misuse of this freedom and must stopped.

Every country must provide the Freedom of Speech and Expression to its citizens. However, it must defined clearly so that it only helps in bringing about positive changes in the individuals as well as the society and does not disrupt its normal functioning.

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Freedom of Speech Essay 5 (600 words)

Freedom of Speech given to citizens of most countries to enable them to share their ideas and provide their opinion on different matters. It considered to be essential for the growth of an individual as well as the society. While most countries provide this freedom to its citizens, many refrain from it.

Many Countries Offer Freedom of Speech

Not only India many countries around the world offer Freedom of Speech and Expression to their citizens. The United Nations Universal Declaration of Human Rights incorporated in the year 1948 states:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.

South Africa, Sudan, Pakistan, Tunisia, Hong Kong, Iran, Israel, Malaysia, Japan, Philippines, South Korea, Saudi Arabia, United Arab Emirates, Thailand, New Zealand, Europe, Denmark, Finland and Republic of China are among some of the countries that offer Freedom of Speech and Expression to their citizens.

Now, while these countries have given the Right to Freedom of Speech and Expression to their citizens however the degree to which this right rendered to the general public and media differs from country to country.

Countries that Do Not Have Freedom of Speech

There are countries that do not give the right to Freedom of Speech to their citizens to maintain absolute control. Here is a look at some of these countries:

  • North Korea :

The country does not provide Freedom of Speech and Expression to its citizens as well as the media. Thus, the government does not only hold the freedom to express ones ideas and opinions but also holds information from its citizens.

The government of Syria known for its tyranny. People here deprived of their basic human right that is the right to Freedom of Speech and Expression.

Yet another country that doesn’t provide Freedom of Speech to its citizens. The citizens of Cuba not allowed to pass any negative comment on the activities of the government or any political party. The government here has even put restriction on internet usage so that people do not get a chance to express anything via the same.

This is another country that does not offer Freedom of Speech and Expression. People cannot voice their opinions or criticize the work of the government. Criticism of the government or any political minister is a criminal offense here.

The citizens of Iran are not aware what it is like to express their opinion and share their ideas freely in the public. Nobody can express any kind of discontentment against the public laws or Islamic standards.

The government of Burma is of the opinion that the Freedom of Speech and Expression is unnecessary. The citizens asked not to express their ideas or opinions particularly if they are against any leader or political party. The media in this country run by the government.

Most people in this country do not even know as to what Freedom of Speech and Expression really is. The government of Libya known for oppressing its citizens. In the age of internet, people around the world are free to express their views on any matter but not in this country. Many people in the country have arrested for criticizing the government on the internet.

Freedom of Speech and Expression is a basic human right that must given to the citizens of each country. However it is sad to see the way the governments of certain countries do not provide even this essential human right to its citizens and oppresses them to fulfil their own selfish motives.

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Advancing social justice, promoting decent work ILO is a specialized agency of the United Nations

ILO 1998 Declaration

The ILO Declaration on Fundamental Principles and Rights at Work , adopted in 1998 and amended in 2022, is an expression of commitment by governments, employers' and workers' organizations to uphold basic human values - values that are vital to our social and economic lives. It affirms the obligations and commitments that are inherent in membership of the ILO, namely:

  • freedom of association and the effective recognition of the right to collective bargaining;
  • the elimination of all forms of forced or compulsory labour;
  • the effective abolition of child labour;
  • the elimination of discrimination in respect of employment and occupation; and
  • a safe and healthy working environment.

Read the full text of the Declaration

Follow-up to the Declaration

The commitment is supported by a Follow-up procedure. The aim of the follow-up is to encourage the efforts made by the Members of the Organization to promote the fundamental principles and rights enshrined in the Constitution of the ILO and the Declaration of Philadelphia and reaffirmed in the 1998 Declaration.

This follow-up has two aspects based on existing procedures:

  • The Annual follow-up concerning non-ratified fundamental Conventions will entail merely some adaptation of the present modalities of application of article 19, paragraph 5(e), of the Constitution.
  • The Global Report on fundamental principles and rights at work that will serve to inform the recurrent discussion at the Conference on the needs of the Members, the ILO action undertaken, and the results achieved in the promotion of the fundamental principles and rights at work.

There is a third way to give effect to the Declaration, the Technical Cooperation Projects which are designed to address identifiable needs in relation to the Declaration and to strengthen local capacities thereby translating principles into practice.

Annual Review under the follow-up to the Declaration

Member States that have not ratified one or more of the fundamental ILO instruments directly relating to the principles and rights stated in the Declaration, including the Protocol of 2014 to the Forced Labour Convention, 1930 , are asked each year to report on the status of the relevant rights and principles within their borders. The reporting process provides governments and social partners with an opportunity to state what measures have been taken towards achieving respect for the Declaration, as well as to note impediments to ratification of the relevant instruments and areas where assistance may be required.

On the basis of the governments’ annual reports and observations by employers’ and workers’ organizations, the International Labour Office prepares and updates country baselines , which serve as a starting point to evaluate the extent to which the fundamental principles and rights at work are given effect in practice. The baselines also aim at facilitating the governments’ future reporting obligations.

  • See all country baselines under the 1998 Declaration Annual Review

Five Fundamental Principles and Rights at Work

topic Collective bargaining

Freedom of association and the right of collective bargaining

A veiled woman

Elimination of forced or compulsory labour

CL education

Abolition of child labour

At the import and export shipping yard in Singapore

Elimination of discrimination at work

Miners in East Kalimantan, Indonesia

A safe and healthy working environment

Integrated Strategy on Fundamental Principles and Rights at Work 2017-2023

The teeth of the ILO - The impact of the 1998 ILO Declaration on Fundamentals Principles and Rights at Work

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    Example Introduction Paragraph for a Compare and Contrast Freedom of Speech Essay: Freedom of speech varies across different countries and contexts, raising questions about the boundaries of this fundamental right. In this compare and contrast essay, we will explore the approaches to freedom of speech in the United States and the European Union ...

  2. 123 Freedom of Speech Topics & Essay Examples

    Develop a well-organized freedom of speech essay outline. Think of the main points you want to discuss and decide how you can present them in the paper. For example, you can include one introductory paragraph, three body paragraphs, and one concluding paragraphs. Define your freedom of speech essay thesis clearly.

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    Download Important English Essay on the Topic - Freedom of Speech Free PDF from Vedantu. One of the fundamental rights of the citizens of India is 'Freedom of Speech'. This is allowed to the citizens by a lot of countries to empower the citizens to share their own thoughts and views. This freedom of speech essay is for students of class 5 ...

  4. Freedom of Speech

    Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free ...

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    For many liberals, the legal right to free speech is justified by appealing to an underlying moral right to free speech, understood as a natural right held by all persons. (Some use the term human right equivalently—e.g., Alexander 2005—though the appropriate usage of that term is contested.)

  6. Freedom Of Speech

    38 essay samples found. Freedom of speech is a principle that supports the freedom of an individual or community to articulate their opinions without fear of retaliation, censorship, or legal sanction. Essays could explore the various interpretations of freedom of speech, its limitations, and its impact on democracy and societal harmony.

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    Then, have students read and annotate an essay explaining the ways in which the Supreme Court has interpreted the freedom of speech. This essay, "Freedom of Speech and of the Press," by the ...

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  10. Freedom of Speech

    This is a file in the archives of the Stanford Encyclopedia of Philosophy. Freedom of Speech. First published Fri Nov 29, 2002; substantive revision Thu Apr 17, 2008. This entry explores the topic of free speech. It starts with a general discussion of freedom in relation to speech and then moves on to examine one of the first, and best ...

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    The complexities of the truth justification for freedom of speech are further explored by William Marshall in Chapter 3.Marshall identifies its many flaws: the implausibility of the claim that freedom of speech is a mechanism for producing truth; the problems of public irrationality and apathy in a 'post-truth' age; and, most fundamentally, the difficulties in identifying the normative ...

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    Freedom of speech has been used throughout history and present times to express opinions about problems in America. Martin Luther King Jr. is a prime example of a man voicing his beliefs about what he thought was right. He used free speech to try and unite an entire nation. King was an admirable example of the use of freedom of speech.

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  21. Gonzalez v. Trevino: Free Speech, Retaliation, First Amendment

    Footnotes Jump to essay-1 U.S. Const. amend. I (Congress shall make no law . . . abridging the freedom of speech. . . .The Supreme Court has held that some restrictions on speech are permissible. See Amdt1.7.5.1 Overview of Categorical Approach to Restricting Speech; see also Amdt1.7.3.1 Overview of Content-Based and Content-Neutral Regulation of Speech. Jump to essay-2 See Miami Herald Pub ...

  22. Essay on Freedom of Speech for Children and Students

    Freedom of Speech Essay 2 (300 words) Introduction. Freedom of speech is one of the basic rights given to the citizens of most of the countries across the globe. It enables the people residing in those countries to speak their mind without the fear of being punished by the law. Origin of Freedom of Speech.

  23. National Rifle Association of America (NRA) v. Vullo: Did a New York

    Footnotes Jump to essay-1 Board of Regents of Univ. of Wis. System v. Southworth, 529 U. S. 217, 229 (2000). Jump to essay-2 Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 833 (1995). Jump to essay-3 Ashcroft v. Am. Civ. Liberties Union, 535 U.S. 564, 573 (2002).For additional background on the government speech doctrine, see Government Speech and Government as Speaker ...

  24. ILO Declaration on Fundamental Principles and Rights at Work

    The ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998 and amended in 2022, is an expression of commitment by governments, employers' and workers' organizations to uphold basic human values - values that are vital to our social and economic lives.It affirms the obligations and commitments that are inherent in membership of the ILO, namely: