COM 250
Defensive Protection (Neutrality) v. Affirmative (Pro-Active) Protection
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." (Article 19 of the Universal Declaration of Human Rights, adopted in 1948)
Defensive Protection (Neutrality) v. Affirmative (Pro-Active) Protection
"The right to freedom of expression means that states must 'respect' free expression and not interfere with it. The right also places a positive obligation on states to actively ensure that obstacles to free expression are removed. Examples of ensuring free expression include: ensuring that minorities can be heard preventing the monopolisation of the media by the state or private companies." (Article 19.org -- Interpretation of the Universal Declaration of Human Rights.)
philosophy -- the "marketplace of ideas"
"truth" or some approximation of it emerges from unrestrained debate
arguments in favor of free competition of ideas
-Leads to best ideas ("the truth") -Aides civic engagement and self governance -checks government power
the proposal
-Sexist or racist insults, pornography and the general category of hate speech are equally worthy of society's concern. -The law should focus on the protection and facilitation of communication and the well-functioning community, rather than the soul-baring individual of conscience.
the proposal
-Speech is not special, in effect more important than the harm of others. When it harms others who have less power, it should be regulated. -The law punishes a number of types of pure speech - blackmail, threats, conspiracy, participation in criminal acts by speaking - without concern for First Amendment implications.
marketplace of ideas origin
-Suppression of debate has been the historical norm. -The establishment of institutionalized support (political cultures and institutions) are necessary for free expression to last.
marketplace of ideas origin
-The Socratic Method is based upon the concept of truth emerging from clashing ideas. -Several historical cultures encouraged debate and tolerated expression of a diversity of ideas, but these did not endure.
economic influences
-access -ownership -regulation -competition
critical approach
-agrees with liberals on wide debate -but advocates greater restriction on speech when equal protection and equality before the law is an issue -asks the courts to limit the speech and asks govt. to promote expression of less powerful
formal influences on public expression
-constitutional law -government regulations -professional ethics standards
voice and power access comes from:
-creative or persuasive talent -organizational affiliation, position -wealth, individual or collective -legitimacy with the public or certain constituencies
What influences our right to communicate?
-cultural norms -politics -economics
influences of public expression
-formal (usually overt, acknowledged) -informal (usually latent, unacknowledged)
What influences the degree of freedom of expression in a society?
-formal rules and incentives -freedom of expression -informal rules and incentives
professional ethical frameworks and codes
-frameworks of moral philosophy that guide our decision making and behavior as professional communicators, sometimes explicitly stated in codes
liberal approach
-government abridgment of speech is most dangerous -assumes equality of individuals in the marketplace of ideas -near absolute prohibition on abridgment of speech -rare exception of clear and direct harm
authoritarian systems
-government directives restrict speech -no popular oversight -may or may not have legitimacy -philosophy -- the state or set of ideas need to be protected from wide debate.
a critical approach to free expression in practice
-government should take action to protect freedom of expression of the less powerful -several international treaties and free expression advocacy organizations (such as the group Article 19) have taken this approach
rule of law
-predetermined rules that have wide legitimacy, aka constitutions
arguments in favor of free competition of ideas
-promotes individual autonomy and dignity -Regulations directed at "harmful speech" will be abused
liberal democracies
-rule of law -philosophy -- the "marketplace of ideas"
informal influences on public expression
-social and cultural norms -economic incentives -personal ethics frameworks
critical approach
-speech can be silenced by sources other than government -there is unequal distribution of many forms of power the undermine equality in the marketplace of ideas
The Process Setting the Boundaries of Freedom of Expression in the United States
1) communicator delivers a message 2) government sanctions communicator 3) communicator challenges in court on 1st amendment grounds 4) case my rise through federal courts 5) supreme court establishes precedent, building body of law
marketplace of ideas metaphor
Competition between ideas is an important part of deliberation, the formation of public opinion and ultimately self-government.
defensive protection
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (The First Amendment to the U.S. Constitution)
arguments in favor of limitations
Free expression can limit the rights of others because it can conflict with other constitutional rights, such as: -Health and welfare -The accused right to a fair trial -The equal protection clause of the 14th Amendment Eg speech rights to make racism or sexist statements
arguments in favor of limitations
Free expression conflicts with other values, such as: -National security -The Moral Upbringing of Children
marketplace of ideas origin
In Western political philosophy, the marketplace of ideas metaphor has its roots in John Milton's arguments for freedom of expression and the expansion of individual liberties associated with liberal democracy.
marketplace of ideas metaphor
It argues that freedom of expression is necessary even for unpopular ideas because the best approximation of the truth will emerge out of the competition of widely varying ideas in free, transparent public debate.
A critical approach to free expression in practice
It's not a level playing field because of: -Unequal economic resource distribution and media access -Discriminatory cultural norms give authority to the voices of certain types of people over others -These norms find their way into the court system because laws are interpreted and applied by people in a culture.
marketplace of ideas metaphor
Liberals who accept the philosophy are thus highly tolerant of speech, even when it is hateful or has the tendency to incite unlawful activity, because of the belief that the best ideas will win out in a wide and unfettered debate.
marketplace of ideas metaphor
The "marketplace of ideas" uses the analogy of economic competition between goods in a free market to argue in favor of freedom of expression.
the reach of survivors' walls
Whatever good the wall does for those who use it to speak and those who read it and understand better the survivors' perspective, mass mediated stereotypes about sexual violence and women drown out those voices.
Cultural and social norms
about appropriateness, authority or prestige - beauty standards; standard of authority - gender, race, level of education
ideological power
capitalism, democracy, equality
expression
communication by any manner
personal ethical frameworks
dignity, fairness, charity, love
text definition of freedom
freedom from abridgment of expression by the government
ascriptive characteristics
gender, age, race, citizenship
constitutional law
individual rights and government authority as stated in the Constitution, interpreted by the courts when a dispute arises, and enforced by the state; laws govern areas over which the state has constitutional authority - for example, to protect the public welfare, ensure the flow of commerce, or secure the national defense
positional power
president, religious leader, journalist, author, scientist, celebrity
marketplace of ideas origin (US)
the best test of truth is the power of the thought to get itself accepted in the competition of the market.
economic incentives
the marketplace in capitalism; within organizations (front page stories; ad campaigns)
positional power
the president, a religious leader, a journalist, author, scientist, or other celebrity
govt. regulations
usually civil or administrative codes designed to meet an objective (ex: FCC regulations to guarantee diversity in broadcasting
