Exceptions to free speech. Free speech as an exercise of liberty: when are we justified in restricting it? According to Mill’s Harm Principle? “The only.

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Presentation transcript:

Exceptions to free speech

Free speech as an exercise of liberty: when are we justified in restricting it? According to Mill’s Harm Principle? “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.” To protect ourselves from ourselves (viz., legal paternalism)? Government can exercise power to prevent harm (1) to others and (2) to oneself To impose society’s moral code and protect the fabric of society (viz., legal moralism)? It is appropriate to use the legal system to enforce morality

Legal restrictions on free speech First Amendment: “Congress shall make no law... Abridging freedom of speech...” EXCEPT Government has a compelling or overriding interest or purpose AND restriction is unrelated to the content of what is said

Recognized legal exceptions to free speech: Are these exceptions justified according to Mill, legal paternalism, legal moralism? Obscenity Treason Defamation Fighting words Incitement of violence Violation of copyright Bribery Threats False advertising: commercial speech

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