Prudent Forbearance in the Public Sphere

Abstract

Much of the discussion surrounding freedom of speech relates to the importance of promoting speech. On this approach, the more speech the better, both for individuals and for democratic society. This line of thought, typically associated with the work of J. S. Mill, has obvious merit. Yet unrestrained speech also poses perils to individuals and society. In this paper, we argue for two theses: (1) Examination of On Liberty shows that Mill in fact supported the notion that forbearance in public speech is ethically justified (albeit not legally enforceable), and (2) Anyone supporting utilitarian principles should give serious consideration to the possibility that prudent forbearance in public speech is a civic virtue. In other words, a reasonable concern for free speech as an integral part of social well-functioning should lead us to temper our manners of expression in circumstances when this is appropriate, and when a policy of complete license in public expression would likely undermine both the well-functioning of the society of which we are a part and the free exchange of ideas that free speech principles were intended to foster in the first place.