Friday, November 8, 2019

Freedom of speech is not a "value in society"

My social-theory thought for today:

OK, wait, no... Free speech is NOT a "central value in our society". It is not a "value".

Rather, free speech is a foundational structural rule that prevents runaway totalitarianism from occurring in the societal dominance hierarchy, by guaranteeing this venue for the individual to fight back against excessive suppression of individual rights and interests -- and, by extension, collective rights and interests, via free association.

So tired of hearing that free speech is a value or right that can be balanced against other values or rights. No, it cannot. Individual free speech itself (separate from any concomitant crimes such as violent intimidation, persistent harassment, illegitimate use of power, etc.), for the purpose of individual influence by expression, must be absolute to serve its purpose.

And read my 2016 article entitled: << Towards a Rational Legal Philosophy of Individual Rights >>.

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