PHI-2630 Lecture Notes - Lecture 3: On Liberty, John Stuart Mill, Hate Speech
Document Summary
Free speech in the u. s. is the first amendment. Constitutionally unprotected categories libel (slander), incitement, etc. Key issues related to free speech: the clash of individual rights, the relationship between an individual and the society, the role of the government and limits of its intervention, the relationship between the moral and legal question. Free speech, harm and the harm principle: harm: an action causes harm if it directly undermines the rights of another person/group of people. Origins of the harm principle: john stuart mill: on liberty (1859) Free speech both promotes autonomy and is a reflection of individual autonomy and human equality. Pursuit of truth and knowledge and the importance of public discussion. Ex: nudity laws: offense principle allows for more government intervention than the harm. Harm: unpleasant psychological states vs psychological harms (harms to one"s mental health) Controversial example: neo-nazi march through skokie, 1978 (vs.
