A Thinker-Based Approach to Freedom of Speech

AUTHOR
Seana Valentine Shiffrin
YEAR
2011
ANNOTATION

"Many contemporary autonomy theories of freedom of speech champion the perspective and freedom of just one side of the communicative relation—usually, the speaker or the listener(s). Such approaches seem to neglect or subordinate the autonomy interests of the other relevant parties. Other autonomy theories do not privilege one perspective on the communicative relation over another, but strangely treat the speakers’ interests and the listeners’ autonomy interests as rather discrete entities—disparate constituents both demanding our attention. Both strands gloss over a source of justification for free speech that both connects the two perspectives and recognizes the wider foundations that underpin their value (by contrast with the more narrow connections drawn between them by democracy theories). Specifically, both approaches celebrate one or more external manifestations of thought but do not focus on the source of speech and cognition—namely the thinker herself—and the conditions necessary for freedom of thought. I submit that a more plausible autonomy theory of freedom of speech arises from taking the free thinker as the central figure in a free speech theory. We should understand freedom of speech as, centrally, protecting freedom of thought."

OPEN ACCESS
On
suggested_citation
Shiffrin, Seana Valentine (2011). A Thinker-Based Approach to Freedom of Speech. Constitutional Commentary 27 (2):283-307. Available at: https://conservancy.umn.edu/bitstream/handle/11299/163435/3-SeanaShiffrin-272-ThinkerBasedApproach3.pdf;sequence=1
LANGUAGE
English
MEDIA TYPE
SUGGESTED CITATION

Shiffrin, Seana Valentine (2011). A Thinker-Based Approach to Freedom of Speech. Constitutional Commentary 27 (2):283-307. Available at: https://conservancy.umn.edu/bitstream/handle/11299/163435/3-SeanaShiffrin-272-ThinkerBasedApproach3.pdf;sequence=1