Freedom of Speech:
First Think About Freedom of Action
When freedom of speech is discussed I am generally disappointed.
There are those who believe it is total and absolute, and there are
those who accept that there should be some constraints but are unable
to articulate what, and why, these should be.
In thinking about freedom of speech I believe we should first think
about freedom of action. We tend not to think about freedom of
action. We take it very much for granted and we implicitly accept
various constraints in our actions with no argument and with little
thought. However, I believe the constraints that we accept for our
actions form a fundamental framework for thinking about appropriate
constraints on our speech.
I am free to take whatever action I like as long as I do not hurt
or harm you. Nor should my actions put you in danger, say by driving
recklessly. Similarly I should not damage your property or put it in
danger, say by lighting a fire. My actions should not cause
inconvenience or nuisance, say by blocking the road, making loud
noises, or polluting the air. We happily accept these constraints as
common sense and as part of being a good citizen.
Speech is just a form of action. Thus the constraints that we
accept for our actions should also apply to speech.
My speech should not hurt or harm you. That is, I should not
defame you nor should I insult you or cause hurt. Note that this does
not preclude me from criticising or offending you. Bear in mind,
though, that some care needs to be taken in the distinction between
offence and hurt as this can depend on the situation*.
My speech should not put you in danger. I should not tell you it
is safe to cross the road when a truck is coming. I should not
declare that you should not get vaccinated.
I should not lie as a lie can cause you harm. In fact, legally, we
cannot lie when money is involved. I cannot make a false
advertisement, write a fraudulent contract, or issue false company
reports. Here a lie will cause a clearly measurable harm and you will
be prosecuted under the law accordingly.
However, whether money is involved or not, we should not lie. All
lies cause harm in some way. Being misled and forming a false belief
as a result of a lie will cause you to take some action, make some
decision, that will not be in your best interest and cause harm.
In particular, politicians should not lie. If politicians are
allowed to lie then we can have no way of knowing what we might be
voting for. If we have no way of knowing what we are voting for then
there is no point in conducting a vote, democracy is destroyed.
Peter Kovesi
December 2024
* For an entertaining and thoughtful discussion of this
see Julian Morrow's
Andrew Olle Lecture from 2009
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