Mill didn't resolve this puzzle: if prostitution must be tolerated according to his principle of liberty as it doesn't non-consensually harm others, why punish the accessory – the pimp? Yet in On Liberty's passage on pimps (CW 18:296–7) Mill seriously considers restricting pimps’ speech for reasons other than preventing harm: pimps’ speech undermines decisional autonomy for purposes the state regards as immoral, and in response the state may use coercion to counteract such immoral influences. In light of this, I argue (...) that we need to rethink the standard view that Mill opposes restrictions on speech that does not harm others. (shrink)

The spread of vaccine misinformation may contribute to vaccine refusal/hesitancy and consequent harms. Nonetheless, censorship is often rejected on the grounds of free expression. This article examines John Stuart Mill’s influential defence of free expression but finds that his arguments for freedom apply only to normal, reasonably favourable circumstances. In other cases, it may be permissible to restrict freedom, including freedom of speech. Thus, while Mill would ordinarily defend the right to express false views, such as that vaccines cause autism, (...) he might have accepted restrictions on anti-vaccine misinformation during the present pandemic. This illustrates that even the staunchest defenders of free speech can permit temporary restrictions in exceptional circumstances. (shrink)

In this paper I will argue that Mill employs a tacit concept of competence in On Liberty. I will focus on the role of truth and individuality in On Liberty. Competence is a precondition for individuality, and as such, it is a threshold concept: those above the threshold are sensitive to rational argument and should be free to pursue happiness in their own way (because they are guided by the truth), whereas those who fail to meet this threshold should be (...) educated and paternalistically be kept out of harm's way until they are able to find the truth for and by themselves. (edited). (shrink)

I consider whether Mill intends for us to see the arguments that constitute his defense of the “Liberty of Thought and Discussion” in chapter 2 ofOn Libertyas a part of his larger case for the “harm” or “liberty” principle (LP). Several commentators depict this chapter as a digression that interrupts the flow between his introduction of this principle in the first chapter and his exposition and defense of it in the final three. I will argue instead for a reading ofOn (...) Libertyon which chapter 2 is well integrated with the rest of the essay and is in fact where Mill starts constructing his case for LP. (shrink)

In this article, I offer a reading of On Liberty II which focuses on the structural features of the argument that Mill presents. Mill's argument, I suggest, is grounded on an appeal to the value of truth, and is divided into three sub-arguments, treating true, false and partially true opinion respectively. In section 1, I consider what constraints the teleological orientation of Mill's argument places on the case he makes, before examining in section 2 what the division of Mill's argument (...) into three exhaustive sub-arguments tells us about the nature of ‘discussion’ as Mill uses the term. I go on, in section 3, to suggest that although On Liberty II does not offer a defence of free speech in the broad sense in which the term is often now used, we should be optimistic about the chances of finding such a defence in On Liberty III. (shrink)

Mill advocated an unqualified defense of the liberty of conscience in the most comprehensive sense, which he understood to include not just the freedom to hold but also to express any opinion or sentiment. Yet considerable dispute persists about the nature of Mill’s argument for freedom of expression and whether his premises can support so strong a conclusion. Two prominent interpretations of Mill that threaten to undermine his uncompromising defense of free speech are considered and refuted. A better interpretation can (...) be founded on Mill’s claim that the liberties of conscience are inseparable in practice. This claim can be defended with modern psychological insight about the nature of cognitive bias, and epistemological insight about why justification of creedal beliefs requires the universal toleration of opinion, insights which are largely anticipated by Mill. This argument is especially vital because it highlights the divide between classical liberalism and progressivism that has become a flashpoint in the current political debate over free speech. (shrink)

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 possible liberty of expression. Section 2 presents the (...) Millian principles that are pertinent to his philosophy of free speech: liberty and truth. Section 3 analyzes Mill's very limited boundaries to freedom of expression, asserting that the consequentialist reasoning had led Mill to ignore present tangible harm. It is argued that democracy is required to develop protective mechanisms against harm-facilitating speech. (shrink)

This article aims to reconstruct a Millian argument for protecting a broad artistic freedom, as well as to delineate the exceptional cases in which censorship of works of art might be justified. Mill'sOn Libertyoffers two lines of reasoning that might be used to defend the widest possible artistic freedom. The first is Mill's defense of freedom of speech in chapter 2, although this would apparently still allow for censoring art that serves to instigate harm. The second is his defense of (...) “experiments in living” in chapter 3, but this might allow for censoring the exhibition or publication of artworks that constitute “offences against decency.” While this Millian doctrine on artistic freedom provides guidelines for coping with difficult cases in arts management, its limitations highlight the peculiarities of the arts and literature in relation to freedom and censorship. (shrink)

This article surveys the classic and contemporary literature on the nature and limits of freedom of expression (or free speech). It begins by surveying the main philosophical justifications for free speech, before moving to consider the two most discussed topics in the free speech literature: hate speech and pornography. The article offers some brief reflections on the large number of arguments which have been offered on these topics. Three newer battlegrounds for free speech are examined at the end: no platforming, (...) fake news and online shaming. (shrink)

The Racial and Religious Hatred Act 2006 represents a significant development in UK law. It extends the offence of incitement to racial hatred set out in the Public Order Act 1986 to make it also an offence to stir up hatred against persons on religious grounds. As the most celebrated liberal thinker of the nineteenth century, J.S. Mill might be expected to offer some lessons about the possible dangers of this sort of legislation. A Millian response to the 2006 Act (...) is developed here by first applying Mill’s famous defence of free speech to the Lords amendments to the Racial and Religious Hatred Bill 2005 and then by looking at potential cases in which even freedom of expression loses its immunity when this is necessary to prevent harm to others. Three versions of the harm‐prevention justification for liberty‐limiting restrictions are assessed and it is argued that the most promising version is the claim that it may be permissible to punish incitement to racial and religious hatred not so much because it is itself a kind of harm but by virtue of the acts of discrimination, violence and injustice that are more likely to occur within a climate of hatred. Ultimately, however, this rationale must be weighed against what is, for Mill, the special value of free speech and may in the end justify intervention in only the most acute cases. (shrink)