In essence, I believe that all speech should be allowed unless there are well-defined and truly compelling reasons to limit speech which directly causes an outcome that the state has a legitimate interest in restricting. For example, outlawing speech that advocates imminent lawless action is the correct standard in limiting advocacy of violence. This is because it isnt a limit on the content of the speech, but rather on the action (i.e. violence) with minimum interference on speech and expression itself. The same with defamation or copy right laws (if not abused) as they create a tort and therefore the restriction is on the damage rather than the speech.I do not think Frances current laws (e.g. the 1972 against hate speech, the 1990 Gaysoot law and prohibition one from sympathizing with terrorism) meet this standard. Instead they are overly broad and ill defined. Perhaps most importantly, they restrict speech based on their content rather than the injuries directly caused. To say you agree with a terrorist attack is not the same thing as to carry one out and is essentially a thought crime since there is no rational reason to believe arresting people for hateful beliefs (such as denying the holocaust) will protect the public from anything other than hearing offense language.** To summarize**, I believe the only legitimate reason to prohibit speech is to prevent an injury or tort directly caused by such expression. This of course says nothing about the time, place and manner of such speech. To change my view, you will have to convince me why these kinds of laws (especially in France) are narrowly tailored to reach legitimate state goals.N.B. Obviously, my conception of free speech is also largely informed by my understanding of American constitutional law. So Im seeking a cmv and not a debate because a rigorous (i.e. universal) concept of free expression shouldnt depend on one legal system. Im just seeking a reason why my concept is wrong.
Posted on: Tue, 13 Jan 2015 04:19:38 +0000
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