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What is "free speech"?

I have written about this very subject several times in this blog, but I think it deserves a clear well-written summary. One that I (or anybody else) can easily refer to, when needed.

(Note: "Listen" and "hear" in this context refers to all forms of receiving information, not solely to the physical sense of hearing sounds.)

The concept of the fundamental right to free speech can be divided into its legal definition and the philosophical principle that one can believe in and uphold. The legal definition ought to bind and restrict the actions of the government. The philosophical principle is a higher ideal and ethical belief that one can support, believe in, defend, and advocate for (especially when it comes to defending other people's rights).

In either case, the right to free speech, ie. freedom of speech, can be defined as consisting of four basic rules:

  1. You should have the fundamental right to express your opinions in a public forum to anybody who is willing to listen, without impediment or restrictions, and without punishment or negative consequences. (Nobody has to provide the means for you to do this, but neither should anybody try to actively stop you from doing it by deliberately putting obstacles or impediments in your way, or trying to stop the opinions from being heard.)

  2. You should be able to listen to any opinions you want, by anybody you want, without impediment or restrictions, and without punishment or negative consequences. (Again, nobody has to provide you with the means of doing this, but likewise nobody should try to actively stop you from doing it by deliberately putting obstacles or impediments in your way, or trying to stop the opinions from being heard.)

  3. You should not be forced to say anything you don't want to say (ie. compelled speech). You should not be forced to listen to any opinions you don't want to listen to. This second part only applies as long as it does not infringe on any of the other rules.

  4. These rights should be universal (ie. they apply to everybody equally regardless of anything) and inalienable, ie. irrevocable (these rights cannot be taken away from anybody, no matter the circumstances and no matter what they may or may not have done, or who they are).

Some exceptions apply, especially to the first rule, such as direct demonstrable incitement to criminal activity that has demonstrably caused real harm or is extremely likely to cause real harm, and defamation (that demonstrably directly causes serious economic or social harm). However, these exceptions should be as few and minimal as reasonably possible, and extremely carefully considered and applied very judiciously, only in situations where demonstrable harm has happened or is extremely likely to happen. Burden of proof should be very high.

See also:

Free speech rule 1 in more depth.
Free speech rule 2 in more depth.
Free speech rule 3 in more depth.
Free speech rule 4 in more depth.

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