Written by ‘Classical Liberal’
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Introduction
The recent landmark ruling, in the case of a mother who called a transgender woman ‘he’ on Twitter, that freedom of speech does include the ‘right to offend’, could turn the tide on woke intolerance.
In December 2020, Lord Justice Bean and Mr Justice Warby, presiding over the case in the Court of Appeal, ruled that free speech encompasses offensive language. The ruling came in a successful appeal decided in favour of Kate Scottow, a feminist prosecuted for calling a transgender woman a man and a ‘pig in a wig’. Scottow had been found guilty under the 2003 Communications Act. The ruling, that ‘Freedom only to speak inoffensively is not worth having’ and ‘free speech encompasses the right to offend, and indeed to abuse one another’, sets a precedent for future cases involving freedom of speech.
This seems a good time to set out an argument for freedom of speech based upon the tenets of classical liberalism.
John Stuart Mill
The classical liberal argument for freedom of speech was probably best stated in John Stuart Mill’s On Liberty (1859), which addresses the nature and limits of the power that can be legitimately exercised by society over the individual.
Mill argues that freedom of speech is necessary for intellectual and social progress. He opines that we can never be certain that a silenced opinion does not contain an element of truth. He also contends that allowing people to express false opinions is good for two reasons. First, people are more likely to abandon incorrect beliefs if they are engaged in an open debate. Second, by encouraging people to examine their beliefs during debate, these beliefs are stopped from becoming mere dogma. Mill believed that it is not sufficient that one has an unexamined belief that happens to be true; one has to understand why it is true.
Mill argues that if an argument is really wrong or harmful, the people will judge it so, and then the argument will be excluded. He also argues that even arguments promoting murder or revolution against the government should not be suppressed. If revolution is really necessary, people should revolt; if murder is really proper, it should be permitted. However, these arguments should be expressed in a public speech or writing, not in a way that causes actual harm to others. This is the harm principle: ‘That the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.’
Mill also supported freedom of speech for political reasons. He was concerned that minority views would be suppressed and opined that debate over public policy is vital to representative government. Therefore, Mill was also strongly opposed to censorship:
I choose, by preference the cases which are least favourable to me – In which the argument opposing freedom of opinion, both on truth and that of utility, is considered the strongest. Let the opinions impugned be the belief of God and in a future state, or any of the commonly received doctrines of morality … But I must be permitted to observe that it is not the feeling sure of a doctrine (be it what it may) which I call an assumption of infallibility. It is the undertaking to decide that question for others, without allowing them to hear what can be said on the contrary side. And I denounce and reprobate this pretension not the less if it is put forth on the side of my most solemn convictions. However positive anyone’s persuasion may be, not only of the faculty but of the pernicious consequences, but (to adopt expressions which I altogether condemn) the immorality and impiety of opinion. Yet if, in pursuance of that private judgement, though backed by the public judgement of his country or contemporaries, he prevents the opinion from being heard in its defence, he assumes infallibility. And so far from the assumption being less objectionable or less dangerous because the opinion is called immoral or impious, this is the case of all others in which it is most fatal.
Argument for Freedom of Speech
Building upon Mill’s argument, it follows that we can have freedom of speech without oppression. But any form of censorship requires oppression. Of course, I am talking about ideas and arguments as free speech; not slander, malicious gossip, or plans to commit a crime.
Freedom of speech is a truce between all of the different groups with their competing perspectives. Everyone is entitled to their opinion and nobody is permitted to silence anybody else.
The biggest risk is that the most powerful group will silence all opposition as blasphemy. Freedom of speech favours the weak, novelty and alternative perspectives. Therefore, it can lead to progress.
Freedom of speech does carry the risk that people might try to spread lies or incite violence. But, even in these instances, we should allow freedom of speech, because of the element of subjectivity. One person’s hate speech is not necessarily another’s. This becomes obvious when we step outside of a single culture. For example, in one culture it might be considered an offence for a woman to dance in public without being accompanied by a male chaperone and punishment might include beating or even worse; whereas, in another culture the idea of beating a woman for dancing in public without a chaperone would be considered hate speech and an incitement to violence. Therefore, one might find oneself for or against freedom of speech or censorship depending upon which culture one is part of.
Violence itself is worse than hypothetically inciting violence. We need to draw the line at actual oppression and violence.
If we find someone’s free speech offensive, what should we do about it? We can make counter-arguments, have debates, and peacefully protest; all of which are possible without censorship, oppression, force, or violence.
But, what if we find their speech so offensive that we have to silence it? Once again, one person’s undeniably hateful speech is not another’s. And, of course, you cannot logically be a cultural relativist – who believes one culture has no right to judge the morality of another culture – and support censorship. Beliefs may lead to violence. But, it is the actions that need to be prevented, not the highly contestable, subjective beliefs themselves.
If debate does not defeat the offending party’s vile rhetoric, what do we do? This is where some people believe that we must resort to any means necessary to stop the hateful speech. However, one group who has used force to silence another group today, might easily suffer the same treatment themselves tomorrow.
You cannot use actual violence in the present in order to prevent someone from expressing a view which you think will incite violence in the future. You would be committing the very crime that you are opposing.
However offensive one finds another’s free speech to be, one can fight it with free speech. And, if what we are opposing is genuinely offensive, what are its chances of winning in a fair, open and rational debate? If we cannot win that debate, then we can try harder to do so: do some more research, improve our arguments, etc. Or, maybe one side or the other will be persuaded. Thereby, bad ideas can be filtered out.
Freedom of speech exists to prevent oppression, from whatever side, and censorship can only exist through oppression and the probable threat of punishment tantamount to violence. The success of censorship can lead to vast corruption and the large-scale violent oppression of people.
Conclusion
Censorship by force is on the rise, including in unexpected places such as university campuses and the arts. Although this is ostensibly being done in the name of the greater good, the practice itself is anything but good. Using force to silence thought, speech, or artistic expression is historically the avenue of those who cannot counter-argue or debate – of fascists like Hitler, of Marxists like Stalin. When woke ‘social justice’ activists shout down those who disagree with them, rather than engaging in open debate, they show themselves for what they truly are – not campaigners for ‘social justice’, but totalitarian disciples of Hitler and Stalin.
Can we allow other people to express ideas which we are opposed to? The answer has to be ‘yes’, otherwise, those same people have the same right to deny our own right to express ourselves. Do we want to live in a world where contrary ideas exist, or one in which force is used to extinguish all but one overarching perspective – in a liberal democracy, or a totalitarian dictatorship?
So just how long until we get , 1984 style,” Thought Police”,…Not the wannabe amateurs that are presently just playing at it but proper , real uniformed sadists
Bean and Warby and their fellow Judge are to be congratulated on their unusual common sense as well as the rest of it..
But for the rest of us the following says it all.. Simple straightforward, and says it all. and Kids can remember.
” Sticks and stones may break my bones . But WORDS will never hurt me. “
So let me get this right.according to John Stewart Mill
If a certain party says or writes that agnostics, atheists and apostates must be slain.
Then that is free speech, but if he then enforces his belief practically ( I.e. Sets to and carries on slaying) then he is oppressing and that is verboten.
Or is this my misreading of Classical Liberal
Oh and what is the Law’s opinion of John Stewart Mill? It all sounds a bit too pat to me
A Victorian like JS Mill wouldn’t even be able to conceive of an England where 5+million Muslims live with no need to integrate or assimilate and 2000+ mosques. I can barely conceive of it myself but here I am living in such an England. All I would say is that sunlight is the best disinfectant and the hateful parts of their creed (largely in the Medinan suras) should be heard and aired so they can be called out. That is free speech not shutting down people as racists, bigots and fascists who express any concerns about the Koran. Course they are rather more likely to be butchered by a “lone wolf with mental health issues’ than someone calling out the more objectionable parts of the Bible.
If you think that is too pay. I am notargueing.
Sorry !……. PAT.
Err. ” sorry “…sniggers !
On 3rd November last year at midnight, as the progress of the vote counts in the US presidential election was reported from the closely contested states, President Trump was on course to win a second term. Then counting stopped in those states for four hours, and when counting resumed, his Chinese-backed opponent Joe Biden was miraculously in front.
Live on prime time television at about 5 o’clock that morning President Trump claimed that fraud was the explanation. But after he had been speaking for twenty seven seconds on “a fraud against the American people” the main television networks, CNN and the rest, cut him off in mid speech. That was an offence against freedom of speech.
Ralph……..let me make my position clear. This is what I believe:-
The USA (and for that Matter a New Independant UK) are in ‘clear and present DANGER from two main enemies.
FIRSTLY: Barack Obama…..( Under the guise of The Democratic Party, which he OWNS!)
SECONDLY: China….(Exporters of Covid)
Those who would wish to inform themselves need only spend around three or four quid and get themselves a copy of
‘THE ART OF WAR’…….. Sun Tzu
Happy (?) reading……………
I SINCERELY HOPE THIS IS NOT TOO LATE FOR CONTRIBUTORS TO READ.
misterpaul5a. As usual I’ve looked back next day so’ve read you and Ralph.
I didn’t realise until recently how corrupt Obama is/was. And I know little about China’s history and politics.
However, just watching recent events, plus reading Ralph’s comment about the vote counting, I agree that Western Democracies are in clear danger from those two main enemies.
Yes, I think we are in great danger of allowing a very intolerant society to emerge. We seem to be unable to hold views on Race, Colour, Racism, Gender, or many other reasonable topics of debate, unless they conform to a very narrow ‘mindthink’ of a vocal minority in our midst.
A moderate, Centre Right Government, with the will to pass such Laws that re-inforce our long held freedoms, much in line with the writings of J.S. Mill is much needed. Many of our Top politicians & Judges seem to be very Left leaning, or is it jsut that they prefer to take the ‘easy way out’ by not upsetting this minority of people.
Ken
The only place of true free speech in the UK is in the House of Commons. (Parliamentary privilege). For how long I wonder?
Harryagain……..Ahem! Excuse me Harry……….are you talking about the House of Commons, or The House of The Elite?
There are actually TWO working class Members……….and to BALANCE(?) those?
At least TWENTY-FIVE Lawyers/Barristers………Free Soeech? Come off it Harry.
Well speech in the HoC is free insofar that plod won’t come round and kick the door in afterwards to check your thinking, even if what you say is defamatory.
So far. If what is happening to Trump at the moment is anything to go by, I think we can expect this to change unless the country regains it’s sanity. Think it can’t happen here? Think that a desire to have an oppostion to hold the government to account won’t be demonised? I used to think it was unthinkable but I believe that is the way we are headed.
In full agreeance with the author’s views.
Despite widespread public support for Mills principles, it is highly unlikely that career politicians (most of Westminster) will take urgent action to address the festering erosion of freedom of speech, thought and expression. They certainly would not put their careers on the line to uphold those principles and currently they do not fear any growing threat to their careers for not addressing the issue.
Upholding the principles of Mills is going to be difficult in an age where big government’s agenda is routinely shaped by the influential social, cultural and economic agendas of academia, NGOs, foundations, charities and huge corporations. Until an effective centre right party seeking power comes to the fore then governments may continue to kick this can down the road.
Jake. We know what you are saying – that’s us on here – we are likely to understand that Freedom of speech is essential to Democracy.
Just look at what you have said. An effective CENTRE RIGHT party. O.M.G. Shock Horror. He’s advocating the Nazi Party!
U.K.I.P. was Right Wing if you remember. Sometimes it feels like we just can’t win.
I agree with you of course. An effective centre right party is what we need.
Pauline, The Nazi Party of Germany of the 1930’s/1940’s was not really a right wing political party at all. The clue is in the name, namely ‘National Socialists’………..And they had some really socialist policies as well.
Yes Colin. I hadn’t overlooked that – about the word ‘socialist’. Also don’t forget USSR actually stands for United Soviet SOCIALIST republics. But we call them Communists and there is/was a communist party.
Weird, isn’t it. Has Communism anything in common with ‘communes’? I think they proliferated in Israel in it’s early years!
I also got thinking about the growth of our LABOUR party. They seemed to avoid the word Socialist but it didn’t stop Churchill, for example, fearing them as communists!
Have you ever wondered whether in fact basic Anarchist Theory might be right? What is the fundamental reason for any ‘government’ at all? I’d say it is something along the lines of ‘defending’ ‘us’ from outside threats and from dictatorship of any kind.
Pauline. Also we do have a proper democratically run right of centre political party already. This is the Heritage Party. Check out their manifesto on heritageparty.org
Colin in reply to me asking a while back you said that there was a constitution and rule book which would be a basic requirement of a democratically run party. Even emailing David (I assume Kurten himself) I have failed to discover such documents. Where are they?
Anybody can come up with a manifesto, you have to be able to judge if they are capable or willing to put it into practice. Recent experience over many decades, generations even, show that manifestos are just bait.
Yes Colin I agree and if I get the chance I probably will vote for the Heritage Party.
They may be better concentrating on London though.
Just have to wait and see what happens between now and then, if we are going to have any elections at all.
John Mill’s book
http://www.gutenberg.org/ebooks/34901
Good. I’m glad free speech includes the right to offend – the opening paragraph.
The last two paragraphs are also very important. Both Hitler and Stalin imposed censorship and other curbs on free speech.
It quite simply IS what dictators do. WE DO NOT WANT TO LIVE IN A TOTALITARIAN DICTATORSHIP. Do we? I think we ARE. I think we are living in a Covid Dictatorship.
Incidentally, not long ago a guy was really abusive towards me about smoking. Actually I thought at one point he might become violent towards me. That WAS very offensive to me.
But NO I do not want to curb HIS free speech. His main problem was that I was exercising MY right to free speech.
Pauline I haven’t had chance to read this yet, but I have read your comment with which I agree, but felt there was an even more insidious attack on the “freedom of thought”
Assaults on speech freedom can be monitored, I don’t say you can do anything about them, but at least you can monitor them by the silence of those you would expect to have commented in certain circumstances.
Unfortunately assaults on thought are rarely detectable , that’s even if you can detect the situations where they might occur, either already covered by legislation or merely assumed by popular acclaim.
Unfortunately I am unable to call much to mind in this category, but perhaps it was something that got included in the police legislation following the Lawrence case.
Roger, you write that “Unfortunately assaults on thought are rarely detectable”….. But how are any assaults on thought possible, when a person’s thoughts are inescapably private to themselves? Thought is by its nature private and inaccessible to others, unless revealed in words. Only then can thought enter the public realm.
Oh I don’t know Ralph. Perhaps vaccinations will be devised that alter our DNA. Wouln’t that be an assault on our thoughts?
I’m only half joking.
Would that be before or after the “happiness” jab,?
Could produce some quite interesting results
Anyway isn’t that what “the truth drug does already”
Ralph in detecting and trying a crime isn’t ” circumstantial evidence” allowed for conviction.
I would have thought if there were definite known patterns of interest that a person overtly followed, whose propaganda and actions must have influenced the accused thought processes to a certain “end” then that might be sufficient to convict.
Isn’t this in effect the device that is already in position for the police laws a la Lawrence