Abstract

In this paper, I develop a way to conceive of free speech that begins by redefining speech. My definition affirms the fact that speaking is an activity that goes on among people in a community. Speaking, I will suggest, is an activity that involves not only the present speaker, but also others who act as listeners and potential speakers. I contend that liberal conceptions of free speech have often proven ill equipped to address certain free speech issues, precisely because they have tended to conceive of speech not as a collective activity in which participation involves both speaking and listening, but as an individualized activity in which only speakers and their utterances are relevant.Of course not all liberal notions of speech are radically individualistic; a useful distinction might be made between "solipsistic" liberal models, and "two-or-more-person" models. The latter sort do ascribe some sort of role to those who hear and respond to speech. John Stuart Mill's arguments for the value of free speech, for example, display a significant emphasis on the role of the community. Mill's model emphasizes the importance of free debate and discussion as a means by which to improve one's ideas. One of his chief arguments in support of free speech is that collecting others' responses to one's speech enables one to develop clearer, stronger ideas. But such a view only addresses others' roles as speakers--as producers of ideas. My position recognizes an even broader role for these others; I shall suggest that listening/potential speaking are themselves aspects of speaking. Thus, others' interests are do not become relevant (and eligible for protection) only when others themselves become speakers; the interests of listeners (and even "ignorers") as listeners must be taken into account in evaluating whether speech in a particular situation is free.¯ The conception I develop defines speaking as collective, thereby illuminating the role played in it by listeners/potential speakers. In the bulk of activities that go under the name "speech", a community of "others" (listeners, potential listeners, "ignorers") plays some sort of role. Those instances of speaking in which there are no relevant others may be defined in terms of their relation to speech-with-listeners. That is, they are exceptions to the general cases, and their presence in the category "speaking" can be understood by reference to one of these general cases. My original motivation for developing this conception of speech was to provide a way to illuminate those forms of sexual harassment that consist of sexist speech. I intend for the conception to characterize free speech in such a way that preventing someone from using sexist language does not (at least automatically) constitute a violation of their free speech rights, but in fact may increase the level of freedom of the community. I develop my account by first providing a critical outline of one version of a liberal conception of free speech.In the course of this outline, I examine two central liberal justifications for protecting speech; the argument from individual rights and the argument from utility. I conclude this section by making explicit my criticisms of this liberal conception. Following this, I turn to develop an alternative collective conception of speaking and of free speaking. I argue that this conception is preferable for two reasons; first, because speaking is a collective activity, and to treat it otherwise is to mask its powers and disguise the benefit or harm it may bring to users. Second, a collective conception of speaking preserves the values of free speech advanced in liberal views better than does a liberal conception.