Regimes of Free Speech and Trust
Free speech regimes are fundamentally based on trust. There is a reliance on a healthy distrust of the state's power, rather than assuming the state can control beliefs through censorship. Historically, censorship reinforced the infantilization of subjects, suggesting they needed protection against speech.
Defense of Free Speech
- The defense of free speech is not purely instrumental, relying instead on the idea that no one should have authority over what individuals think or say.
- Free speech depends on trusting individuals not to be easily incited or manipulated.
- Speakers must discern between the right to speak and the value of the speech.
- Free speech requires society to express when certain speech is worthless or harmful, even if not legally restricted.
Accountability and Censorship
Speech should be nestled within practices of accountability, not censorship. Censorship acts as a vote of no-confidence in autonomous agency, presenting individuals as non-sovereign.
Critique of Free Speech
- Certain harmful forms of speech require legal prohibition, such as incitement or hate speech.
- Prohibiting hate speech is essential for democratic inclusion, ensuring all groups feel they belong in society.
- The challenge lies in addressing deep societal inequalities, not merely restricting speech legally.
Social Trust and Free Speech
The impact of hateful speech is contingent on background conditions of trust. In societies where minorities trust that hate speech is not the norm, its effect is less consequential.
Addressing Distrust
- High thresholds for state intervention in speech are advisable for liberal states.
- Society should utilize judgment rather than censorship to hold speech accountable.
- The assumption is that avoiding state involvement in speech issues addresses distrust in the long run.
Political Economy of Censorship
Censorship can incite political mobilization, with communities testing identities by what they can prohibit. Protecting even awful speech reassures that all rights will be safeguarded, preventing speech from becoming a tool for political mobilization.
The Crisis of Free Speech
The crisis of free speech is rooted in social mistrust, not solvable through legal means alone. Every act of legal censorship undermines trust in citizens.
