Free Speech: A Very Short Introduction

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OUP Oxford, Feb 26, 2009 - Philosophy - 115 pages
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Voltaire's comment--"I disapprove of what you say, but I will defend to the death your right to say it"--is frequently quoted by defenders of free speech. Yet it is rare to find someone prepared to defend all freedom of speech, especially if the views expressed are obnoxious or obviously false. So where do we draw the line? How important is our right to freedom of speech? In this accessible and up-to-date Very Short Introduction, Nigel Warburton covers a wide range of controversial free-speech issues, from Holocaust denial and pornography to the status of modern copyright law. The book offers a concise guide to many of the vexing issues concerning our right to speak freely, including: Should a civilized society set limits on freedom of speech? How can we balance free speech with the sensitivities of religious and minority groups? How have digital technology and the Internet changed the debate?

About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
 

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Freedom of speech is considered one of the most fundamental human freedoms, especially in modern liberal democracies. It has become de facto THE litmus test of overall freedom that citizens of any society enjoy. And yet, the notion that we should have this freedom is relatively recent. The modern understanding of this freedom can more or less be traced to John Stewart Mill's "On Liberty," although there have been acknowledgements of the importance of freedom of speech that precede that work.
This very short introduction covers some of those historical developments, but most of the book is dedicated to the contemporary controversies that surround various interpretations and limitations of the freedom of speech. In particular, the book deals with the famous quote of Oliver Wendell Holmes that freedom of speech does not entail falsely shouting "fire" in a crowded theatre and similar instances where speech can lead to physical or psychological harm. The book gives other examples of where our abstract notions of freedom of speech may collide with reality. The author is very good at appreciating the fact that the real world is very different from an academic discussion seminar, and many practical considerations oftentimes need to be taken into the account when deciding what should and should not be protected as free speech.
I find this book to be operating from a slight (perhaps unconscious) bias in its treatment of blasphemy and pornography. It seems to imply that religious and anti-religious "speech" (however one defines it) is really not categorically different from other forms of speech and ideas, while on the other hand the author is willing to concede that there is something categorically different when it comes to pornography. While I in fact more or less agree with the conclusions or the general attitude of the author to how these two categories of speech should be handled, I think that religion is a fundamentally separate category of speech and needs to be handled as such. For if this were not the case, if religion were just yet another set of ideas amongst many, then all the laws that have been enacted to ensure the "separation of church and state" would be very grievous violations of the freedom of speech. And this, I am sure, neither the author nor most people this day would find a desirable way to interpret freedom of speech.
The last chapter deals with the intrinsic conflict between freedom of speech and the modern notion of copyright. Lime in most other discussions of the limitations of free speech that are presented in this book, it is quite clear that there are significant differences of opinion of what constitutes fair use of copyrighted material, across the world and within any given country. The arrival of the internet has only complicated these matters further. This could be a subject of a book in its own right, but this very short introduction does a fairly good job of at least bringing up all the main issues.
Based on all the controversies that have transpired over the years when the free speech is concerned, it is virtually certain that this will continue to be a much discussed topic for the foreseeable future. This little introduction, however, will continue to be relevant as an accessible overview of this fascinating topic for years to come. It is probably one of the most informative such introductions that are currently available.
 

Contents

1 Free speech
1
2 A free market in ideas?
22
3 Giving and taking offence
42
4 Censoring pornography
59
5 Free speech in the age of the Internet
81
the future of free speech
96
some key dates
103
References
105
Further reading
109
Index
111
Copyright

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About the author (2009)

Nigel Warburton is Senior Lecturer in Philosophy at the Open University. He is the author of numerous books, including the bestselling Philosophy: the Basics (4th ed.) which has sold approximately 100,000 copies and has been translated into a dozen languages, Thinking from A to Z (2nd ed),Freedom: an Introduction with Readings, Philosophy: the Classics (3rd ed.), The Art Question, and many more. He teaches for the Tate Modern (including courses on the philosophy of art, and on photography) and regularly writes and broadcasts in the media on a range of topics.

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