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Freedom of speech

In the late 6th century BC, the city-state of Athens ignited a revolutionary concept that would echo through millennia: the right of citizens to speak freely in the public assembly. Before this era, dissent was often met with exile or death, but the Athenian democracy introduced a radical shift where the ability to criticize leaders and debate policy became a civic duty. This was not merely a legal right but a cultural expectation that the truth would emerge from the clashing of opposing views. The philosopher Socrates, though eventually executed for corrupting the youth and impiety, operated within a system that theoretically allowed him to speak his mind, even if the outcome was fatal. The Athenian experiment proved that a society could function on the premise that the collective wisdom of the people was superior to the decree of a single ruler, provided that the flow of information remained unimpeded. This early form of free speech laid the groundwork for the modern understanding that political stability depends on the ability of the populace to hold their leaders accountable through open dialogue.

The Printing Press and The Index

The invention of the movable type printing press in the 15th century shattered the monopoly of the Roman Catholic Church over written thought, triggering a global war of ideas that would define the next four centuries. In 1559, Pope Paul IV promulgated the Index Expurgatorius, a catalog of prohibited books that grew to 300 editions and targeted thinkers like Galileo Galilei, Voltaire, and John Locke. The Church sought to control the output of printers, requiring official licenses to trade and produce books, yet the technology proved too powerful to contain. In 1546, the French crown burned Etienne Dolet at the stake for his unlicensed publications, a grim reminder of the stakes involved. The Stationers' Company was chartered in 1557 to restrict printing rights to a select guild, and the Star Chamber was established to curb the 'greate enormities' of the press. Despite these efforts, printers fled to the Netherlands, and the flow of information became impossible to stop. The Index Expurgatorius, administered by the Roman Inquisition, became the most famous example of state and religious censorship, banning works that challenged established doctrines. The struggle between the press and the authorities created a new class of radical thinkers who viewed the right to publish as essential for the survival of truth.

Milton's Defense of Falsehood

John Milton, a blind poet and polemicist, published his masterpiece Areopagitica in 1644 as a direct response to the Parliament of England's reintroduction of government licensing of printers. Milton argued that the truth could only be discovered through the free encounter of ideas, even if those ideas were false. He believed that the English people had a divine mission to work out the truth of the Reformation, and that pre-censorship was a violation of this mission. Milton's defense of freedom of expression was grounded in a Protestant worldview that valued the individual's ability to seek salvation and truth. He argued that the suppression of ideas was an injustice to the basic human right of the speaker. The Licensing Order of 1643 was allowed to expire in 1695 following the Glorious Revolution, and the English press ceased to be regulated. The emergence of publications like the Tatler and the Spectator created a bourgeois public sphere that allowed for a free exchange of ideas. Milton's arguments laid the foundation for the modern concept of free speech, emphasizing the importance of tolerance for a wide range of views. His work remains a cornerstone of the philosophical defense of free expression, influencing generations of thinkers and activists.

Common questions

When did the city-state of Athens introduce the right of citizens to speak freely in the public assembly?

The city-state of Athens introduced the right of citizens to speak freely in the public assembly in the late 6th century BC. This era marked a shift where dissent was no longer met with exile or death but became a civic duty to criticize leaders and debate policy.

What was the Index Expurgatorius and when did Pope Paul IV promulgate it?

Pope Paul IV promulgated the Index Expurgatorius in 1559 as a catalog of prohibited books that grew to 300 editions. This document targeted thinkers like Galileo Galilei, Voltaire, and John Locke to control the output of printers and maintain the monopoly of the Roman Catholic Church over written thought.

When did John Milton publish his masterpiece Areopagitica and what was its purpose?

John Milton published his masterpiece Areopagitica in 1644 as a direct response to the Parliament of England's reintroduction of government licensing of printers. The work argued that truth could only be discovered through the free encounter of ideas and that pre-censorship violated the divine mission of the English people.

When did John Stuart Mill publish his treatise On Liberty and what principle did he articulate?

John Stuart Mill published his treatise On Liberty in 1859 to articulate the most enduring justification for free speech. He argued that the only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others.

When was the phrase I disapprove of what you say but I will defend to the death your right to say it actually coined?

The phrase I disapprove of what you say but I will defend to the death your right to say it was actually coined by biographer Evelyn Beatrice Hall in 1906. Although often attributed to Voltaire, the statement captures the essence of the Voltairean paradox regarding the defense of free speech for views one despises.

When was the Communications Decency Act of 1996 partially overturned and what case was involved?

The Communications Decency Act of 1996 was partially overturned in the landmark case Reno v. ACLU in 1997. This legal battle marked the first major attempt by the United States Congress to regulate pornographic material on the Internet.

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The Millian Harm Principle

John Stuart Mill, a 19th-century philosopher, articulated the most enduring justification for free speech in his 1859 treatise On Liberty. Mill argued 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. He believed that truth drives out falsity, and that the free expression of ideas, true or false, should not be feared. Mill argued that much of what we once considered true is false, and that views should not be prohibited for their apparent falsity. He also argued that an opinion only carries intrinsic value to the owner of that opinion, and that silencing the expression of that opinion is an injustice to a basic human right. Mill's harm principle suggests that the only instance in which speech can be justifiably suppressed is to prevent harm from a clear and direct threat. He argued that free discussion is necessary to prevent the 'deep slumber of a decided opinion' and that discussion would drive the march of truth. Mill's ideas have become the standard for balancing free speech with other societal interests, influencing legal and philosophical debates to this day.

The Voltairean Paradox

The phrase 'I disapprove of what you say, but I will defend to the death your right to say it' is often attributed to Voltaire, though it was actually coined by his biographer Evelyn Beatrice Hall in 1906. This statement captures the essence of the Voltairean paradox: the belief that free speech must be defended even for views one despises. Noam Chomsky later echoed this sentiment, stating that if you believe in freedom of speech, you believe in freedom of speech for views you don't like. Dictators such as Stalin and Hitler were in favor of freedom of speech for views they liked only. The paradox of tolerance, as described by philosopher Karl Popper, suggests that unlimited tolerance must lead to the disappearance of tolerance. The paradox is that if we tolerate the intolerant, we may lose the very freedom that allows us to be tolerant. This tension between the right to free speech and the need to protect society from harmful ideas remains a central issue in modern debates. The paradox of tolerance challenges us to find a balance between the right to free speech and the need to protect society from harmful ideas.

The Digital Revolution and Censorship

The advent of the internet in the late 20th century revolutionized the landscape of free speech, creating new opportunities for expression while introducing unprecedented challenges. The Communications Decency Act of 1996 was the first major attempt by the United States Congress to regulate pornographic material on the Internet, but it was partially overturned in the landmark case Reno v. ACLU in 1997. The internet has been a revolution for censorship as much as for free speech, with international, national, and regional standards recognizing that freedom of speech applies to any medium, including the Internet. The Great Firewall of China blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the internet gateways. The system also selectively engages in DNS poisoning when particular sites are requested. The global internet freedom consortium claims to remove blocks to the 'free flow of information' for what they term 'closed societies'. The commodification of information has taken place through intellectual property law, contract law, as well as broadcasting and telecommunications law. The internet has made information plentiful, but the attention of listeners scarce, and the danger is not 'suppressive states' that target 'speakers directly', but that 'cheap speech' may be used to attack, harass, and silence as much as it is used to illuminate or debate.

The Global Struggle for Dissent

In the 21st century, the struggle for free speech has taken on new dimensions, with governments and organizations using various methods to suppress dissent. In Saudi Arabia, journalists are forbidden to write with disrespect or disapproval of the royal family, religion, or the government. Journalist Jamal Khashoggi was killed in 2018 for his writing, and another Saudi writer, Raif Badawi, was arrested in 2012 and lashed. The Russian government has introduced prison sentences of up to 15 years for spreading 'fake news' about Russia's military operation in Ukraine, and more than 4,000 Russians were prosecuted under 'fake news' laws as of December 2022. The Russian Constitution expressly prohibits censorship in Article 29 of Chapter 2, Rights and Liberties of Man and Citizen. The global internet freedom consortium claims to remove blocks to the 'free flow of information' for what they term 'closed societies'. The struggle for free speech continues to be a central issue in modern debates, with governments and organizations using various methods to suppress dissent. The global struggle for free speech is a testament to the enduring importance of the right to free expression, even in the face of overwhelming opposition.