Free Speech & Freedom of Expression: Theoretical Foundations Jour4330 Lecture October 2007 Sarah Chiumbu

Literature for this lecture John Keane “The Media and Democracy” chapter 1 “Liberty of the Press”. Eric Barendt “Why Protect Free Speech” (in compendium) Dickerson & Tranger “Who Controls Expression? (in compendium)

Structure of the lecture The early philosophers: an introduction Main arguments of the philosophers Justification for liberty of the press Limitation of the early theoretical thinking

The Early Philosophers John Milton: –Lived in the period 1608 to 1675 in England –Poet, civil servant –Most known for his poem Paradise Lost –Was writing at a time of religious and political changes in England

The Early Philosophers John Locke: –Lived in the period 1632 to 1704 –English philosopher –One of the most influential Enlightenment thinkers and contributors to liberal theory –His ideas influenced the American Declaration of Independence –His views also influenced the American and French Revolutions

The Early Philosophers John Stuart Mill: –Lived in the period 1806 to 1873 –British philosopher and Member of Parliament –Contributed to ideas of public/private sphere, utilitarianism, liberalism, early liberal feminism

Foundations of Press Freedom The invention of the printing press by Gutenberg in 1455 opened up a new world of information for all people and challenged the church’s monopoly over literacy Printing press enabled the expansion of knowledge & information across Europe The products of the printing press, e.g. newspapers, books, pamphlets challenged the church and the absolute state The monarch came up with many laws to restrict the influence of the printing press

Foundation of liberty of the press 1 Liberty of expression & of the press became concepts for political and philosophical inquiry from the 17th century onwards These concepts closely connected to social contract theories & theories of the state The struggle for the right to express & defend diverging views was at the centre of the opposition against absolutist and arbitrary rule that gradually rose in Europe & the USA from the 16th and 17th centuries onwards. This period known as the age of modernity and enlightenment witnessed the most articulate defences of free expression.

Foundation of liberty of the press 3 The period (16th-17th) centuries saw the increasing emphasis on rationality as the basis of political and scientific thinking Debates on rationality led to debates on liberal democracy: belief that governments should be open, accessible and public The period witnessed the appearance of the democratic Western European nation states

Main arguments: John Milton Milton one of the earliest defenders of liberty of the press Made a speech, known as Areopagitica, to the English Parliament in 1644 where he attacked the Licensing Order of 14 June Areopagitica consulted during the drafting of the Constitution of the USA Milton argued against the use of censorship on the grounds that man is provided with reason and talents to choose between good and evil Milton-s’ arguments rested on religious foundation- he saw reason as a gift provided to each man by God

Main arguments: Milton 2 Milton emphasised human rationality as the justification for liberty of the press and he concluded that a free and open discussion will eventually lead to good and true outcome. Believed in the superiority of truth as the outcome of of rational and free expression Believed that reason and rationality are infallible means of separating good from evil Milton came up with the notion of “ the free market of ideas” – meaning that truth will ultimately emerge out of a free context of opinions

Main arguments: Locke In 1689, Locke published Epistola de Tolerantia (translated in English A Letter of Toleration in 1690) Locke had a lot in common with Milton- both concerned with religious issues. Locke concerned not with freedom of expression and of the freedom of the press per se, but with religious tolerance and tolerance of opinions. Like Milton, he believed that tolerance and rationality will lead to truth.

Main arguments: Locke 2 In his other work, Two Treatise of Government, Locke developed a full natural rights theory as foundation for political liberty Argued that all people were equal and independent, and none had a right to harm another Advocated for governmental checks and balances His ideas also influenced on the Constitution of the USA & the Declaration of Independence

Main arguments: Mill John Stuart Mill most known for his publication – On Liberty, a founding text of classical liberalism He advocated for absolute liberty of expression and accepted no restrictions on it for whatever reason Unlike Milton & Locke, he rejected both religion and social contract as foundations for liberty of the press Focused on individual rights- believed that human beings have an complete rights to hold free opinions Mill argued for open political discourse and saw it as necessary for intellectual and social progress.

Main arguments: Mill 2 Mill developed the notion of the harm principle which holds that each individual has the right to act as he wants so long as the actions do not harm others. Mills main arguments can be outlined in 3 points: –Any opinion which is restricted may turn out to be true –Even false opinion may contain some grain of truth and therefore should not be suppressed. –Even opinions that are true degenerate into prejudiced if not challenged – thus true opinions should be exposed to challenge of a public debate

Defences for liberty of the press From the arguments of the main philosophers, Keane (1991: 11-20) identifies four different arguments in favour of freedom of the press –The theological approach which criticised state censorship in the name of God-given faculty of reason enjoyed by individuals (e.g. Milton) –The idea that the conduct of the press should be guided by the rights of the individual (e.g. Locke) –The theory of utilitarianism viewed state censorship of public opinion as license for despotism and as contrary to the principle of maximising the happiness of the governed (e.g. Bentham) –The fourth approach is guided by the idea of attaining Truth through unrestricted public discussion among citizens (e.g Mill)

Justification for liberty of the press Eric Barendt (2005:6-23) outlines 4 arguments for a Free Speech Principles: –Importance of discovering truth –Free speech as an aspect of self-fulfilment –Citizen participation in a democracy –Suspcion of government

Limitations of the early thinkers 1 These early thinkers view of freedom of expression was restricted and they accepted suppressing certain types of opinions. Milton for example did not regard pre-censorship a suitable instrument for assessing what was to be published or not. He argued against the use of censorship before printing, not for complete press freedom These early advocates for press freedom did not come to terms with the experience of self-censorship because they assumed that political power was the main external threat to press freedom (Keane, 1991: 35-50)

Limitations of the early thinkers 2 The early thinkers also failed to recognise that the media themselves could censor views –They also failed to recognise that individuals are “situated interpreters” and not at all-knowing subjects. Media also structure, set agendas and shape what individuals think about and discuss The early philosophers also had an idealistic view of society – believed that citizens could enter public life on equal terms & express themselves in the same way They failed to recognise that for reasons of time and geography, citizens could not simultaneously communicate their opinions or have access to the same sources of information (Keane, 1991: 35-50)

Limitations of the early thinkers 3 Early thinkers believed that market competition increased liberty of the press. Market viewed as an invisible and unbiased medium of circulating public opinion freely. They failed to recognise the restrictions that markets could impose on freedom of expression

Influences Locke´s natural rights theory influenced other classical texts such as Tom Paine´s Rights of Man (1791) and Mary Wollstonecraft´s Vindication of the Rights of Woman (1792) Arguments for universal suffrage (the right to vote) and theories of citizenship also influenced by the classical thinkers The classical thinkers (texts) have inspired a host of contemporary theorists, (e.g. Jurgen Habermas) and their writings have also contributed to democratic theories

Class reflection… What were the arguments of the early thinkers? –John Milton –John Locke –John Stuart Mill

Upcoming... Remember seminar on Friday (19 Oct) is compulsory. Prepare a 3-4 min presentation before the seminar (check seminar timetable) Next lecture: Nkosi Ndlela on “Freedom of Expression, Law & Ethics: The African Perspective” on 24 October