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Freedom of speech is the right to freely say what you please, as well as the related right to hear what others have stated. It is self-explanatory. Recently, it has been commonly understood as encompassing full freedom of expression, including the freedom to create and distribute movies, pictures, songs, dances, and all other forms of expressive communication.

Freedom of speech is often regarded as an integral concept in modern democracies, where it is understood to outlaw government censorship. Thus states may still punish (but not prohibit) certain damaging types of expressions, notably sedition, defamation, publishing secrets regarding matters of state security, etc.

But as Tocqueville pointed out, people may be hesitant to speak freely not because of fear of government retribution but because of social pressures. When an individual announces an unpopular opinion, he or she may face the disdain of their community or even be subjected to violent reactions. While this type of suppression of speech is even more difficult to prevent than government suppression, there are questions about whether it truly falls within the ambit of freedom of speech, which is typically regarded as a civil liberty, or freedom from government action.

1 Theories of free speech

1.1 Self-governance

One theory is that freedom of speech is crucial in any democracy, because open discussions of candidates are essential for voters to make informed elections decisions during elections. It is through speech that people can influence their government's choice of policies. Also, public officials are held accountable through criticisms that can pave the way for their replacement. The US Supreme Court has spoken of the ability to criticize government and government officials as "the central meaning of the First Amendment." New York Times v. Sullivan. But "guarantees for speech and press are not the preserve of political expression or comment upon public affairs, essential as those are to healthy government." Time, Inc. v. Hill

Some suggest that when citizens refrain from voicing their discontent because they fear retribution, the government can no longer be responsive to them, thus it is less accountable for its actions. Defenders of free speech often allege that this is the main reason why governments suppress free speech--to avoid accountability.

Alternatively, it may be argued that some restrictions on freedom of speech may be compatible with democracy or necessary to protect it. For example, such arguments are used to justify restrictions on support of Nazi ideas in post-war Germany.

1.2 Discovering truth

A classic argument for protecting freedom of speech as a fundamental right is that it is essential for the discovery of truth. Justice Oliver Wendell Holmes wrote that "the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out." Abrams v. United States Justice Holmes also invoked the powerful metaphor of the " marketplace of ideas."

This marketplace of ideas rationale for freedom of speech has been criticized by scholars on the grounds that it is wrong to assume all ideas will enter the marketplace of ideas, and even if they do, some ideas may drown out others merely because they enjoy dissemination through superior resources.

The marketplace is also criticized for its assumption that truth will necessarily triumph over falsehood. We can see throughout history that people may be swayed by emotion rather than reason, and even if truth ultimately prevails, enormous harm can occur in the interim. However, even if these weaknesses of the marketplace of ideas are acknowledged, supporters argue that the alternative of government determination of truth and censorship of falsehoods is worse.

For more discussion of the reasons behind ideas becoming accepted as truth see meme theory.

1.3 Advancing autonomy

Another rationale is that it is an essential aspect of personhood and autonomy. Professor Baker said that "to engage voluntarily in a speech act is to engage in self-definition or expression. A Vietnam war protester may explain that when she chants 'Stop This War Now' at a demonstration, she does so without any expectation that her speech will affect continuance of the war ... rather, she participates and chants in order to define herself publicly in opposition to the war. This war protester provides a dramatic illustration of the importance of this self-expressive use of speech, independent of any effective communication to others, for self-fulfillment or self-realization." This view suggests a rationale for the protection of acts of expression that are not obviously political or vital to self-government, such as abstract art, music, or dance.

Protecting speech because it aids the political process or furthers the search for truth emphasizes the instrumental values of expression. Justice Thurgood Marshall wrote that "the First Amendment serves not only the needs of the polity but also those of the human spirit -- a spirit that demands self-expression." ( Procunier v. Martinez , 416 U.S. 396, 1974).

Critics of this view argue that there is no inherent reason to find speech to be a fundamental right compared with countless other activities that might be regarded as a part of autonomy or that could advance self-fulfillment.





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