Mill's free speech doctrine is distinct from, yet compatible with, his central principle of ‘purely self-regarding’ liberty. Using the crucial analogy with trade, I claim that he defends a broad laissez-faire policy for expression, even though expression is ‘social’ or other-regarding conduct and thus legitimately subject to social regulation. An expedient laissez-faire policy admits of exceptions because speakers can sometimes cause such severe damage to others that coercive interference with the speech is justified. In those relatively few contexts where interference (...) is called for, however, the central principle of self-regarding liberty sets absolute limits to the scope of society's regulatory authority. Regulation can never amount to an outright ban of any type of expression that can be consumed by the individual without direct and immediate harm to others. Nevertheless, and perhaps surprisingly, the central liberty principle admits censorship of certain extraordinary types of expression which necessarily harm others. (shrink)

This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set out in Considerations of Representative Government (...) and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (shrink)