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Mill’s Doctrine of Free Speech
◦ Free speech is the practical consequence of our fallibility.
◦ Doctrines must be kept alive through challenge and defense.
◦ Free speech itself must be a live doctrine.
> “I have a right to free speech” is never the final defence of speech.
> It is always: “my speech, even if false, contributes to truth, the
fullness of truth, and valuable discussions”
Free action?
> Speech is much more unconstrained than actions.
◦ Mill’s Harm Principle:
> An individual’s freedom can be restricted only and exactly to the extent as it is required to prevent harm to others.
◦ Free speech is needed to figure out what is harmful.
> This is why speech itself cannot be so-restricted.
> But restricting action is not similarly self-undermining
◦ Does not conflict Greatest Happiness because the Harm Principle is itself ensuring that happiness can be attained under uncertainty.
Harmful speech
◦ What about speech that, while not directly harming, is advocating for harm.
> For anything that the Harm Principle forbids in action, Free Speech
permits its advocacy.
◦ Advocacy must be tolerated.
> Arguing against it will make us realize the truth in greater fullness —> keeps the moral truth alive, more clearly realized
Greatest Happiness
To find what creates Greatest Happiness, we need to let people try things.
> So restrictions on freedom should be minimal.
> The Harm Principle is just this minimal restriction.
Individual freedom is a good, specifically:
> Freedom of individuality is good for individuals.
> Freedom of individuality is good for society.
Individual Freedom
Humans are at their best when they can be free.
> Free to find their own happiness.
> There is no need to force any particular happiness on them.
> Nobody has a right to tell someone else what their happiness consists in.
Traditions
Useful in finding happiness, many people find value in it
◦ But in the end this is just evidence of what sort of conduct brings happiness and the individual can do with this evidence what they will
> It would be folly to ignore the wisdom the past, but it is also folly to consider oneself beholden to it.
◦ Traditions might also be come dead doctrine.
> And then they might need to be re-interpreted, re-fashioned to fit modern life.
◦ And any individual might be iconoclastic.
> Even if a tradition is good for most, it might not be good for all.
◦ Blind obedience would be inhuman, coercion anti-human.
Counterpoint - Calvinism
◦ Calvinists say: yes, that is the desirable condition!
> The protestant belief that human nature is radically corrupt and the only salvation is obedience to divine law.
Rebuttal
◦ Individuality is also a common good.
> Rather than a vice that is to be suppressed
◦ It is simply a denial of humanity, or humanity’s potential to excellence, to deny individuality.
> For every person, there is a best way to exist - might be unique to one person.
◦ Argues from uncertainty - maybe there is one best way that we all should conform to, but how could we know we have found this one best way? - Will not know that it is best if we don’t let people try different things.
Benefits of Individuality
◦ Just like for truth we need freedom in thought, we need freedom in conduct to find the best practices.
> Maybe only a few will discover new truth and new practice.
> But we need to let the many be to get the benefit of the few.
◦ Even if they don’t succeed, Mill worries again about good established practices becoming “rote” and useless - Blindly following tradition might lose what’s good about tradition
Counterpoint - conformity
◦ Some people do not care for freedom.
> They value conformity over their individual happiness.
> Want nothing more for their individual happiness than something to conform to.
> People who call themselves “normal” with pride.
Rebuttal
◦ It is still better for you if you let people be.
> You can conform to whatever you want to conform to.
> But if you demand the same of everyone else, you will lose on the societal benefits of geniuses and eccentrics.
◦ Those who value conformity cannot value originality - Originality is a threat to their conformity.
◦ To net the benefits of genius, one must tolerate all originality
◦ All good had to be invented or discovered by someone.
> Probably against the opposition of conformists.
◦ Against despotism, we can only put the originality of individuals.
Freedom for its own sake
◦ We must not let the desire for improvement lead us away from maintaining freedom.
> Maybe good things can be enforced.
◦ But freedom is valuable for its own sake, not just for the improvements that it can bring.