One might think “freedom of speech” would be a fairly clear thing, not at all difficult to understand, but it turns out: no. Even liberals have trouble defining what it is.
One problem arises from trying to be principled on the matter while also being very careless with the constituent concepts. Since most people rush around ideas with scarcely any attention to standards of reason, they often wind themselves into knots, ending up in a tangle.
This is especially the case with “free speech absolutists.”
These are the folks who are for free speech. And they think of themselves as principled. But they nevertheless tend to get very uncomfortable with a common counter-argument from clever censorious people: “even you support limits to free speech, for you would prosecute confidence men and seducers of children and shouters of ‘fire’ in crowded theaters; so your limits undermine the coherence to free speech — you’re just as pro-censorship as we, but you lack the honesty to admit it!”
This is supposed to be a knock-down argument. I used to hear it all the time from conservatives. Now I hear it not infrequently from progressives. And with the ongoing Israeli bombing of the Gaza Strip, we can expect to hear it from conservatives again — people who just a month ago decried cancel culture and reflexive cries of “racism” by the left, but who now demand that Israel’s critics be silenced, and that all those sympathetic with Palestinians be castigated as “anti-semites.”
But it is not a knock-down argument. It is barely an argument at all.
For the premise is wrong.
Free speech absolutists (and I’ll pretend to be one, since I’m often so called) do not support limits to freedom of speech. Or, rather, they do not support limits to liberty. They support the limits of liberty. They support limits to speech.
Which is not contradictory. Not at all.
How?
Free speech isn’t all speech; free speech is itself a limit. Freedom of speech is a term of art for the speech that liberty allows; speech involving actual crime — in planning or merely commanding — has always been (and should now be) illegal. Some things marchers say is not free speech, and many marches amount to trespass.
The key issue is property rights. I have freedom of speech in my home; you have freedom of speech in yours. But I don’t have the same freedoms in your home, and you don’t have your full freedoms in mine. Likewise, when we go out into the nearby park on a sunny day, with children all around, we might expect that the owners of the park — whether they be the Kiwanas or the county — would insist on some limits to our wildest locutions. In private you and I might swear upon the old gods and the new, talk of fucks and shits and the curious “two-word phrase” that Jack Woodford wrote about in Home Away from Home (1962). But in this more public place, those words and phrases should surely be anathema, and our protests on grounds of “freedom of speech” utterly ridiculous.
The issue here is the same as that of liberty itself.
Particular freedoms can be imagined in many contexts. But in society the relevant freedoms aren’t unlimited; your freedom limits my actions and my freedom limits yours. What must be limned are the boundaries, and we come to understand the importance of a blanket prohibition on the initiation of force, the valorization of the use of defensive force, and the primacy of property rights in drawing boundaries on scarce resources (amidst vast vistas) to allow us to live in harmony, even where we strongly disagree. Liberty is the freedom that can be had by all. And we must not seek limits to liberty, but the limits of liberty. At base, those limits of liberty are the basic freedoms of all from initiations of force.
Same goes for freedom of speech: demand not limits to free speech, but figure out, instead, the limits on speech that liberty provides.
twv
See also: “Freer Speech,” May 4, 2018, and “Once Cool,” January 30, 2022.