Abstract
ABSTRACT The First Amendment is an important value in American liberal polity. Under this value, racism, hate speech and offensive speech are protected speech. This article scrutinizes one of the clear representatives of the American liberal polity – Thomas Scanlon. The paper tracks the developments in his theory over the years. It is argued that Scanlon’s arguments downplay tangible harm that speech might inflict on its target victim audience. Scanlon’s distinction between participant interests, audience interests, and the interests of bystanders is put under close scrutiny. The article criticizes viewpoint neutrality and suggests a balancing approach, further arguing that democracy is required to develop protective mechanisms against harm-facilitating speech as well as profound offences. Both should be taken most seriously.
Highlights
This article takes issue with the popular liberal stance that the Free Speech Principle should protect even the most harmful and vile expression because such protection would promote individual self-government, enhance individual autonomy and promote critical thinking
The essay opens with an explanation of the liberal reasoning for freedom of speech and why it is especially forceful in the United States
I proceed by discussing the theory of one protagonists of one strand of American liberalism, 2 Thomas Scanlon’s Contractual theory
Summary
This article takes issue with the popular liberal stance that the Free Speech Principle should protect even the most harmful and vile expression because such protection would promote individual self-government, enhance individual autonomy and promote critical thinking. In "A Theory of Freedom of Expression", Scanlon offers his own interpretation of the Millian Free Speech Principle.
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