The Importance Of Free Speech Theory

For centuries, writes, philosophers and, more recently, jurists and law professors have expounded differing theories on why free expression is essential in an enlightened society. From the constitutive approach of the ancient Greeks and Immanuel Kant to the instrumental justifications of John Stuart Mill and Professor Alexander Meiklejohn, not to mention Spinoza, Alexis de Tocqueville, or feminist analysis, the canon of free speech theory is crowded indeed. Can anything new possible be said? Freedom of expression is both a cause and a consequence of social systems. It is a function of individualization caused by the division of labor in society. Sociology may not explain the virtues of free speech but is more conclusionary- society requires it to function. As the group becomes a collection of autonomous beings fulfilling a more specific role, communication is essential or the social organism can no longer function. The right to freedom of speech and expression is closely related to other rights, and may be limited when conflicting with other rights. The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information, or determine the opportunity and means in which freedom of expression is manifested within court proceedings. As a general principle freedom of expression may not limit the right to privacy, as well as the honor and reputation of others. However greater latitude is