J.S. Mill's Boundaries of Freedom of Expression: A Critique

@article{CohenAlmagor2017JSMB,
  title={J.S. Mill's Boundaries of Freedom of Expression: A Critique},
  author={Raphael Cohen-Almagor},
  journal={Philosophy},
  year={2017},
  volume={92},
  pages={565 - 596}
}
Abstract The essay opens with some background information about the period in which J.S. Mill wrote. The discussion revolves around the concept of blasphemy which Mill considered to be highly problematic. Tagging unpopular views as ‘blasphemous’ amounted to abuse of governmental powers and infringed on the basic liberties of the out-of-favour speakers. The discussion on blasphemy sets the scene to the understanding of Mill's concerns, his priorities and consequently his emphasis on the widest… 

Racism and hate speech – A critique of Scanlon’s Contractual Theory

ABSTRACT The First Amendment is an important value in American liberal polity. Under this value, racism, hate speech and offensive speech are protected speech. This article scrutinizes one of the

Tolerating Racism and Hate Speech: A Critique of C.E. Baker’s “Almost” Absolutism

This chapter takes issue with C.E. Baker’s stance that the Free Speech Principle should protect even the most harmful and vile expression because such protection would promote individual

Freedom of Expression: Positive or Negative freedom? Helping Understanding the Boundaries of a Cherished Right

  • R. Quadir
  • Philosophy
    NTKR Tijdschrift voor Recht en Religie
  • 2019
Freedom of expression is a key value of a liberal democracy. In the Netherlands, like other democracies, freedom of expression has become a hot topic. Events such as the assassinations of Pim Fortuyn

Taking Profound Offence Seriously: Freedom of Speech v. Human Dignity

This study discusses the issue of offence to sensibilities as possible grounds for limiting freedom of expression. This issue is constantly brought to the public agenda, as for example, in the

Conclusion: Let’s Start From Four

In the opening scene of the Italian movie Ricomincio da tre (1981), Massimo Troisi abruptly says, ‘I want to leave everything behind and start from three!’ Lello Arena retorts in response, correcting

Moral Bottom Lines

As outlined in the introduction, business opportunities and moral choices are often intertwined. Managerial decisions have financial and legal constraints; they also have to take moral issues into

PRIVATE CENSORSHIP AND STRUCTURAL DOMINANCE: WHY SOCIAL MEDIA PLATFORMS SHOULD HAVE OBLIGATIONS TO THEIR USERS UNDER FREEDOM OF EXPRESSION

  • S. Theil
  • Political Science
    The Cambridge Law Journal
  • 2022
Abstract Contemporary liberal accounts of free expression are almost exclusively preoccupied with the permissible exercises of state power. Influenced by this framing, free expression guarantees

Assessing incitement to hatred as a crime against humanity of persecution

ABSTRACT The main issue this paper aims to tackle is whether incitement to hatred, independently of direct incitement to violence should amount to the actus reus of persecution as a crime against

Harm and Consent

‘Consent’ is the cornerstone of morality in general, and more particularly of assessing the morality of business practices, given that they are defined as contractual. Consent is a key moral bottom

Enhancing Islamic Journalistic Ethical Conduct Through Press Council

The recent power shift in Malaysia comes with a bundle of promises including the vow to establish a regulatory Council to govern the press industry. The proposal however, has been resurfacing now and

References

SHOWING 1-10 OF 61 REFERENCES

John Stuart Mill and freedom of expression

This thesis challenges traditional interpretations of John Stuart Mill's theory of freedom of expression, as exemplified in On Liberty (1859), by way of an examination of his other publications and

Mill on Democracy: From the Athenian Polis to Representative Government

Despite John Stuart Mill's widely respected contributions to philosophy and political economy, his work on political philosophy has received a much more mixed response. Some critics have even charged

Speech, Truth, and Freedom: An Examination of John Stuart Mill's and Justice Oliver Wendell Holmes's Free Speech Defenses

This Article is the first in-depth comparison of two classic defenses of free speech that have profoundly influenced First Amendment law: John Stuart Mill's On Liberty and Justice Holmes's dissenting

Mill and liberalism

The present writer’s account of the content of Mill’s doctrine of Liberalism suggests that that doctrine was less libertarian and less simply individualistic than other writers have been willing to

Mill On Liberty: A Defence

Mill on Liberty was first published in 1983 and has become a classic of Mill commentary. The second edition reproduces the text of the first in full, and in paperback for the first time. To this,

Mill's Principle of Liberty

IN this paper I wish to do three things: to expand on the interpretation given by John Rees’ of Mill’s principle of liberty; to discuss what status this principle is meant to have in Mill’s thought;

Between Autonomy and State Regulation: J.S. Mill's Elastic Paternalism

Abstract This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general

Why tolerate? Reflections on the Millian truth principle

The aim of this essay is to reflect on the Millian, utilitarian argument from truth that is held as one of the most conspicuous answers to the question Why tolerate? This argument postulates that

Toleration: An Elusive Virtue

If we are to understand the concept of toleration in terms of everyday life, we must address a key philosophical and political tension: the call for restraint when encountering apparently wrong

Speech, Crime, and the Uses of Language

In this book, distinguished legal philosopher Kent Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. The first
...