‘Freedom’ Means Something Different to Liberals and Conservatives. Here’s How the Definition Split—And Why That Still Matters

Man Wearing "Freedom Now Core" T-Shirt

W e tend to think of freedom as an emancipatory ideal—and with good reason. Throughout history, the desire to be free inspired countless marginalized groups to challenge the rule of political and economic elites. Liberty was the watchword of the Atlantic revolutionaries who, at the end of the 18th century, toppled autocratic kings, arrogant elites and ( in Haiti ) slaveholders, thus putting an end to the Old Regime. In the 19th and 20th centuries, Black civil rights activists and feminists fought for the expansion of democracy in the name of freedom, while populists and progressives struggled to put an end to the economic domination of workers.

While these groups had different objectives and ambitions, sometimes putting them at odds with one another, they all agreed that their main goal—freedom—required enhancing the people’s voice in government. When the late Rep. John Lewis called on Americans to “let freedom ring” , he was drawing on this tradition.

But there is another side to the story of freedom as well. Over the past 250 years, the cry for liberty has also been used by conservatives to defend elite interests. In their view, true freedom is not about collective control over government; it consists in the private enjoyment of one’s life and goods. From this perspective, preserving freedom has little to do with making government accountable to the people. Democratically elected majorities, conservatives point out, pose just as much, or even more of a threat to personal security and individual right—especially the right to property—as rapacious kings or greedy elites. This means that freedom can best be preserved by institutions that curb the power of those majorities, or simply by shrinking the sphere of government as much as possible.

This particular way of thinking about freedom was pioneered in the late 18th century by the defenders of the Old Regime. From the 1770s onward, as revolutionaries on both sides of the Atlantic rebelled in the name of liberty, a flood of pamphlets, treatises and newspaper articles appeared with titles such as Some Observations On Liberty , Civil Liberty Asserted or On the Liberty of the Citizen . Their authors vehemently denied that the Atlantic Revolutions would bring greater freedom. As, for instance, the Scottish philosopher Adam Ferguson—a staunch opponent of the American Revolution—explained, liberty consisted in the “security of our rights.” And from that perspective, the American colonists already were free, even though they lacked control over the way in which they were governed. As British subjects, they enjoyed “more security than was ever before enjoyed by any people.” This meant that the colonists’ liberty was best preserved by maintaining the status quo; their attempts to govern themselves could only end in anarchy and mob rule.

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In the course of the 19th century this view became widespread among European elites, who continued to vehemently oppose the advent of democracy. Benjamin Constant, one of Europe’s most celebrated political thinkers, rejected the example of the French revolutionaries, arguing that they had confused liberty with “participation in collective power.” Instead, freedom-lovers should look to the British constitution, where hierarchies were firmly entrenched. Here, Constant claimed, freedom, understood as “peaceful enjoyment and private independence,” was perfectly secure—even though less than five percent of British adults could vote. The Hungarian politician Józseph Eötvös, among many others, agreed. Writing in the wake of the brutally suppressed revolutions that rose against several European monarchies in 1848, he complained that the insurgents, battling for manhood suffrage, had confused liberty with “the principle of the people’s supremacy.” But such confusion could only lead to democratic despotism. True liberty—defined by Eötvös as respect for “well-earned rights”—could best be achieved by limiting state power as much as possible, not by democratization.

In the U.S., conservatives were likewise eager to claim that they, and they alone, were the true defenders of freedom. In the 1790s, some of the more extreme Federalists tried to counter the democratic gains of the preceding decade in the name of liberty. In the view of the staunch Federalist Noah Webster, for instance, it was a mistake to think that “to obtain liberty, and establish a free government, nothing was necessary but to get rid of kings, nobles, and priests.” To preserve true freedom—which Webster defined as the peaceful enjoyment of one’s life and property—popular power instead needed to be curbed, preferably by reserving the Senate for the wealthy. Yet such views were slower to gain traction in the United States than in Europe. To Webster’s dismay, overall, his contemporaries believed that freedom could best be preserved by extending democracy rather than by restricting popular control over government.

But by the end of the 19th century, conservative attempts to reclaim the concept of freedom did catch on. The abolition of slavery, rapid industrialization and mass migration from Europe expanded the agricultural and industrial working classes exponentially, as well as giving them greater political agency. This fueled increasing anxiety about popular government among American elites, who now began to claim that “mass democracy” posed a major threat to liberty, notably the right to property. Francis Parkman, scion of a powerful Boston family, was just one of a growing number of statesmen who raised doubts about the wisdom of universal suffrage, as “the masses of the nation … want equality more than they want liberty.”

William Graham Sumner, an influential Yale professor, likewise spoke for many when he warned of the advent of a new, democratic kind of despotism—a danger that could best be avoided by restricting the sphere of government as much as possible. “ Laissez faire ,” or, in blunt English, “mind your own business,” Sumner concluded, was “the doctrine of liberty.”

Being alert to this history can help us to understand why, today, people can use the same word—“freedom”—to mean two very different things. When conservative politicians like Rand Paul and advocacy groups FreedomWorks or the Federalist Society talk about their love of liberty, they usually mean something very different from civil rights activists like John Lewis—and from the revolutionaries, abolitionists and feminists in whose footsteps Lewis walked. Instead, they are channeling 19th century conservatives like Francis Parkman and William Graham Sumner, who believed that freedom is about protecting property rights—if need be, by obstructing democracy. Hundreds of years later, those two competing views of freedom remain largely unreconcilable.

essay concept of freedom

Annelien de Dijn is the author of Freedom: An Unruly History , available now from Harvard University Press.

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Tools for thinking: Isaiah Berlin’s two concepts of freedom

<p>Freedoms and restrictions. Stand on the right. Don’t smoke. <em>Photo by Phil Dolby/Flickr</em></p>

Freedoms and restrictions. Stand on the right. Don’t smoke. Photo by Phil Dolby/Flickr

by Maria Kasmirli   + BIO

essay concept of freedom

‘Freedom’ is a powerful word. We all respond positively to it, and under its banner revolutions have been started, wars have been fought, and political campaigns are continually being waged. But what exactly do we mean by ‘freedom’? The fact that politicians of all parties claim to believe in freedom suggests that people don’t always have the same thing in mind when they talk about it. Might there be different kinds of freedom and, if so, could the different kinds conflict with each other? Could the promotion of one kind of freedom limit another kind? Could people even be coerced in the name of freedom?

The 20th-century political philosopher Isaiah Berlin (1909-97) thought that the answer to both these questions was ‘Yes’, and in his essay ‘Two Concepts of Liberty’ (1958) he distinguished two kinds of freedom (or liberty; Berlin used the words interchangeably), which he called negative freedom and positive freedom .

Negative freedom is freedom from interference. You are negatively free to the extent that other people do not restrict what you can do. If other people prevent you from doing something, either directly by what they do, or indirectly by supporting social and economic arrangements that disadvantage you, then to that extent they restrict your negative freedom. Berlin stresses that it is only restrictions imposed by other people that count as limitations of one’s freedom. Restrictions due to natural causes do not count. The fact that I cannot levitate is a physical limitation but not a limitation of my freedom.

Virtually everyone agrees that we must accept some restrictions on our negative freedom if we are to avoid chaos. All states require their citizens to follow laws and regulations designed to help them live together and make society function smoothly. We accept these restrictions on our freedom as a trade-off for other benefits, such as peace, security and prosperity. At the same time, most of us would insist that there are some areas of life that should not be regulated, and where individuals should have considerable, if not complete, freedom. A major debate in political philosophy concerns the boundaries of this area of personal negative freedom. For example, should the state place restrictions on what we may say or read, or on what sexual activities we may engage in?

Whereas negative freedom is freedom from control by others, positive freedom is freedom to control oneself. To be positively free is to be one’s own master, acting rationally and choosing responsibly in line with one’s interests. This might seem to be simply the counterpart of negative freedom; I control myself to the extent that no one else controls me. However, a gap can open between positive and negative freedom, since a person might be lacking in self-control even when he is not restrained by others. Think, for example, of a drug addict who cannot kick the habit that is killing him. He is not positively free (that is, acting rationally in his own best interests) even though his negative freedom is not being limited (no one is forcing him to take the drug).

In such cases, Berlin notes, it is natural to talk of something like two selves: a lower self, which is irrational and impulsive, and a higher self, which is rational and far-sighted. And the suggestion is that a person is positively free only if his higher self is dominant. If this is right, then we might be able to make a person more free by coercing him. If we prevent the addict from taking the drug, we might help his higher self to gain control. By limiting his negative freedom, we would increase his positive freedom. It is easy to see how this view could be abused to justify interventions that are misguided or malign.

B erlin argued that the gap between positive and negative freedom, and the risk of abuse, increases further if we identify the higher, or ‘real’, self, with a social group (‘a tribe, a race, a church, a state’). For we might then conclude that individuals are free only when the group suppresses individual desires (which stem from lower, nonsocial selves) and imposes its will upon them. What particularly worried Berlin about this move was that it justifies the coercion of individuals, not merely as a means of securing social benefits, such as security and cooperation, but as a way of freeing the individuals themselves. The coercion is not seen as coercion at all, but as liberation, and protests against it can be dismissed as expressions of the lower self, like the addict’s craving for his fix. Berlin called this a ‘monstrous impersonation’, which allows those in power ‘to ignore the actual wishes of men or societies, to bully, oppress, torture them in the name, and on behalf, of their “real” selves’. (The reader might be reminded of George Orwell’s novel Nineteen Eighty-Four (1949), which shows how a Stalinist political party imposes its conception of truth on an individual, ‘freeing’ him to love the Party leader.)

Berlin was thinking of how ideas of freedom had been abused by the totalitarian regimes of Nazi Germany and Stalinist Russia, and he was right to highlight the dangers of this kind of thinking. But it does not follow that it is always wrong to promote positive freedom. (Berlin does not claim that it is, and he notes that the notion of negative freedom can be abused in a similar way.) Some people might need help to understand their best interests and achieve their full potential, and we could believe that the state has a responsibility to help them do so. Indeed, this is the main rationale for compulsory education. We require children to attend school (severely limiting their negative freedom) because we believe it is in their own best interests. To leave children free to do whatever they like would, arguably, amount to neglect or abuse. In the case of adults, too, it is arguable that the state has a responsibility to help its citizens live rich and fulfilling lives, through cultural, educational and health programmes. (The need for such help might be especially pressing in freemarket societies, where advertisers continually tempt us to indulge our ‘lower’ appetites.) It might be, too, that some people find meaning and purpose through identification with a wider social or political movement, such as feminism, and that in helping them to do so we are helping to liberate them.

Of course, this raises many further questions. Does our current education system really work in children’s best interests, or does it just mould them into a form that is socially and economically useful? Who decides what counts as a rich and fulfilling life? What means can the state legitimately use to help people live well? Is coercion ever acceptable? These are questions about what kind of society we want to live in, and they have no easy answers. But in giving us the distinction between negative and positive freedom, Berlin has given us a powerful tool for thinking about them.

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Question of the Month

What is freedom, each answer below receives a book. apologies to the entrants not included..

Freedom is the power of a sentient being to exercise its will. Desiring a particular outcome, people bend their thoughts and their efforts toward realizing it – toward a goal. Their capacity to work towards their goal is their freedom. The perfect expression of freedom would be found in someone who, having an unerring idea of what is good, and a similarly unerring idea of how to realize it, then experienced no impediment to pursuing it. This perfect level of freedom might be experienced by a supreme God, or by a Buddha. Personal, internal impairments to freedom manifest mainly as ignorance of what is good, or of the means to attaining it, while external impairments include physical and cultural obstacles to its realization. The bigger and more numerous these impairments are, the lower the level of freedom.

The internal impairments are the most significant. To someone who has a clear understanding of what is good and how to achieve it, the external constraints are comparatively minor. This is illustrated in the novel Uncle Tom’s Cabin (1852) by Harriet Beecher Stowe. Uncle Tom, an old slave who has no political (that is, external) liberty, endures injustice and hardship, while his owners enjoy lives of comparative ease. But, though he does sometimes feel sadness and discouragement at the injustices inflicted on himself and others, as a Christian he remains convinced that the real bondage in life consists in sin. So he would not trade places with his masters if it required renouncing his faith and living as they do. To take another angle, the central teaching of the Buddha is liberation from suffering – a freedom which surely all sentient beings desire. The reason we don’t have it yet, he says, is our ignorance . From the Buddhist point of view, even Uncle Tom is ignorant in this sense, although he is still far ahead of his supposed owners.

To become free, then, we must first seek knowledge of the way things really are, and then put ourselves into the correct relationship with that knowledge.

Paul Vitols, North Vancouver, B.C.

Let’s look at this question through three lenses: ethical, metaphysical, and political.

Ethically, according to Epicurus, freedom is not ‘fulfilling all desires’, but instead, being free from vain, unnecessary, or addictive desires. The addict is enslaved even when he obtains his drug; but the virtuous person is free because she doesn’t even desire the drug. Freedom is when the anger, anxiety, greed, hatred, and unnecessary desires drop away in the presence of what’s beloved or sacred. This means that the greatest freedom is ‘freedom from’ something, not ‘freedom to’ do something. (These two types of freedoms correspond to Isaiah Berlin’s famous distinction between ‘negative’ and ‘positive’ types of freedom.)

Metaphysically – as concerning free will – the key may be understanding how human choice can be caused but not determined . In the case of free will, freedom emerges from, but is not reducible to, the activity of the brain. In ways we do not yet understand, humans sometimes have the ability to look over and choose between competing paths. When it comes to consciousness and free will, I trust my introspection that both exist more than I trust the supposedly ‘scientific’ worldviews which have no room for either.

As for politics, the most important freedom is freedom of speech. We need this for truth, good thinking, tolerance, open-mindedness, humility, self-confidence, love, and humor. We discover truth only when we are free to explore alternative ideas. We think well only when people are free to give us feedback. We develop the virtues of tolerance and open-mindedness only when we are free to hear disagreeable ideas. We develop humility when our ideas are tested in a free public arena, while self-confidence arises from those ideas that survive these tests. We love only in freedom as we learn to love others in spite of their ideas, not because of them. And we can laugh deeply only where there is freedom to potentially offend. “Give me freedom or give me death!” is not actually a choice, for we are all dead without freedom.

Paul Stearns, Blinn College, Georgia

There are many kinds of freedom – positive, negative, political, social, etc – but I think that most people would say that generally speaking, freedom is the ability to do what one wants. However, what if what one wants is constrained by external factors, such as alcohol, drugs, or torture? We might also add internal impediments, such as extraordinary emotion, and maybe genetic factors. In these cases, we say that one’s will is not completely free. This view is philosophically called ‘soft determinism’, but it is compatible with having a limited free will.

One interpretation of physical science pushes the idea of constrained will to the ultimate, to complete impotence. This view is often called ‘hard determinism’, and is incompatible with free will. In this view, everyone’s choosing is constrained absolutely by causal physical laws. No one is ever free to choose, this position says, because no one could have willed anything other than what she does will. Hard determinism requires that higher levels of organization above atoms do not add new laws of causation to the strictly physical, but that idea is just a conjecture.

A third view, called ‘indeterminism’, depends on the idea that not all events have a cause. Any uncaused event would seem to just happen. But that won’t do it for freedom. If I make a choice, I want to say that is my choice, not that it happened at random: I made it; I caused it. But how could that be possible?

I would answer that if what I will is the product of my reasoning , then I am the cause, and moreover, that my reasoning is distinct from the causal physical laws of nature. At this point, I have left indeterminism and returned to soft determinism, but with a new perspective. Reasoning raises us above hard determinism because hard determinism means events obeying one set of laws – the physical ones – while reasoning means obeying another set: the laws of logic. This process is subject to human error, and the inputs to it may sometimes be garbage; but amazingly, we often get it right! Our freedom is limited in various further ways; but our ability to choose through reasoning is enough to raise us above being the ludicrous, pathetic, epiphenomenal puppets of hard determinism.

John Talley, Rutherfordton, North Carolina

Freedom can be considered metaphysically and morally. To be free metaphysically means to have some control over one’s thoughts and decisions. One is not reduced to reacting to outside causes. To be free morally means to have the ability to live according to moral standards – to produce some good, and to attain some virtue. Moral freedom means that we can aspire to what is morally good, or resist what is good. As such, the moral life needs an objective standard by which to measure which actions are good and which are bad.

If hard determinism is true then we have no control over our thought and decisions. Rather, everything is explicable in terms of matter, energy, time, and natural laws, and we are but a small part of the cosmic system, which does not have us in mind, and which cannot give freedom. Some determinists, such as Sam Harris, admit as much. Others try to ignore this idea and its amoral implications, since they are so counterintuitive. They call themselves ‘compatibilists’. But if determinism is true, moral freedom disappears for at least two reasons. Firstly, morality requires the metaphysical freedom that determinism rules out. If a child throws a rock through a window, we scold the child, not the rock, because the former had a choice while the latter did not. Ascribing real moral guilt in criminal cases also requires metaphysical freedom, for the same reason. Secondly, if determinism, or even naturalism, is true, there is no objective good that we should pursue. Naturalism is the idea that there is nothing beyond the natural world – no realm of objective values, virtues, and duties, for instance. But if this is true, then there’s no objective good to freely choose. All is reduced to natural properties, which have no moral value. Morality dissolves away into chemistry and conditioning.

Since metaphysical freedom exists (we know this because we experience choosing) and moral freedom is possible (since some moral goals are objectively good), we need a worldview which allows both kinds of freedom. It must accept that human beings are able to transcend the causal confines of the material cosmos. It must also grant humans the ability to act with respect to objective moral values. Judeo-Christian theism is one worldview which fulfils these needs, given its claim that humans are free moral agents who answer to (God’s) objective moral standards.

Douglas Groothuis, Professor of Philosophy, Denver Seminary

According to Hannah Arendt, thinking about freedom is a hopeless enterprise, since one cannot conceive of freedom without immediately being caught in a contradiction. This is that we are free and hence responsible, but inner freedom (free will) cannot fully develop from the natural principles of causality. In the physical world, everything happens according to necessity governed by causality. So, assuming that we are entirely material beings governed by the laws of physics, it is impossible to even consider the idea of human freedom. To say that we are free beings, by contrast, automatically assumes that we are a free cause – that is, we’re able to cause something with our will that is itself without cause in the physical world! This idea of ‘transcendental will’, first introduced by Immanuel Kant (1724-1804), says that free will must be non-physical in order to operate – in other words, not part of the causal system of the physical world. Yet even this doesn’t fully address the issue of freedom. In order for freedom to have any meaning, one has to also act through something in the external world, thereby interrupting a necessary, physical, chain of causes. However, to act is to use a fundamentally different faculty than the one we use to think with. Thought cannot extend itself to the realm of action. This gap between action and thought – a gap through which freedom cannot pass – reveals that it is impossible to have a theoretical grasp of freedom! So all in all, the traditional understanding of free will is an incoherent conception.

Actually, politics and law both assume freedom to be a self-evident truth, especially in a modern liberal democracy. Indeed, the very evidence of human freedom, the tangible transformation that happens in the material world due to our ideas, flows best from our collective action in this public realm.

Shinyoung Choi, Centreville, Virginia

“I will slay the children I have borne!” are the words of Medea in Euripides’ play of that name. Medea takes vengeance on her husband Jason for betraying her for another woman, by murdering her own children and Jason’s new wife. The tragedy of this drama relates well to the question of human freedom. Medea showed by her actions that she was free to do things which by their nature would normally be assumed to be outside the realm of possibility. Having the ability to choose one thing over another on the basis of desire is what Immanuel Kant dismissively called ‘the Idea of Freedom’. Kant, though, asserts a different definition of freedom. He formulated a positive conception of freedom as the free capacity for choice that characterizes the essence of being human. However, the radical nature of this freedom implies that we are free even to choose the option of being free or unfree.

Kant argued of freedom that “insofar as it is not restrained under certain rules, it is the most terrible thing there could be.” Instead, to realize its true potential value, freedom must be ‘consistent with itself’. That is to say, my use of freedom must be consistent with everyone else’s use of their freedom. This law of consistency is established by reason, since reason requires consistency in its ideas. Indeed, Kant argues that an action is truly free only if it is motivated by reason alone. This ability to be motivated by reason alone Kant called ‘the autonomy of the will’. If, on the other hand, we choose to subjugate our reason to our desires and passions, we become slaves to our animalistic instincts and are not acting freely. So, by this argument, freedom is the ability to be governed by reason to act in accordance with and for the sake of the law of freedom . Thus, freedom is not what we want to do, but what we ought to do. Should we ignore the laws of nature, we would cease to exist as natural beings; but should we ignore our reason and disobey the law of freedom, we would cease to be human beings.

Medea, just like all human beings, had freedom of choice. She chose to make her reason the slave of her passion for revenge, and thus lost her true freedom. I believe that the real tragedy is not in that we as human beings have the freedom of choice, but that we freely choose to be unfree. Without true freedom, we lose our humanity and bring suffering on ourselves – as illustrated in this and all the other tragedies of drama and of history.

Nella Leontieva, Sydney

In an article I read just after Christmas, but which was first published in 1974, the science fiction author Ursula Le Guin says “To be free, after all, is not to be undisciplined.” Two weeks later, by chance I came across a quotation, apparently from Aristotle: “Through discipline comes freedom.” Both statements struck me as intuitively obvious, to the extent that to the question ‘What is Freedom?’ I would answer ‘Freedom is discipline’. However, I cannot ground this approach further except in the existentialist sense, in which sense I would say it is fundamental.

How can this inversion of freedom be justified? Broadly, freedom is the ability to choose. But no-one, or nothing, can choose in isolation – there are always constraints. How much freedom somebody actually has boils down to the nature of these constraints and how the individual deals with them. Constraints impose to varying degrees the requirement for an individual to discipline their choices. For example, a person might be constrained by a political system, and discipline themselves to act circumspectly within the confines of that system. They might consider that they physically have the freedom to act otherwise, such as to take part in a demonstration, but are constrained by other priorities. For example, they need to keep their job in order to feed their children, so that they choose not to use that freedom. Such an individual may still regard themselves as having freedom in other contexts, and ultimately may always regard their mind as free. Nothing external can constrain what one thinks: freedom concerns what we do with those thoughts.

Lindsay Dannatt, Amesbury, Wiltshire

Freedom is being able to attempt to do what we desire to do, with reasonable knowledge, which no-one can or will obstruct us from achieving through an arbitrary exercise of their will .

To clarify this, let me distinguish between usual and unusual desires. The usual ones are desires that anyone can reasonably expect to be satisfied as part of everyday life, while the unusual are desires no-one can expect to be satisfied. Examples of a usual desire include wanting to buy groceries from a shop, or wanting to earn enough money to pay your bills, while an example of an unusual desire is wanting to headline the Glastonbury Festival. Although it’s certainly the case that people might prevent me from achieving that goal through an arbitrary exercise of their will, it is not at all guaranteed that a lack of this impediment will result in my achieving the goal. We cannot claim a lack of freedom on the basis that our unusual desires go unsatisfied. Meanwhile, it is almost certainly guaranteed that I can shop for groceries if no-one else attempts to stop me through arbitrary actions.

An arbitrary act is an act carried out according to no concrete or explicit set of rules applicable to all. A person might invent their own rules and act according to them, but this is still arbitrary because their act is not mediated by a set of rules applicable to all. On these same lines, a person in a dictatorship is not free, because although there may be a set of rules ostensibly applicable to all, the application of these rules is at the discretion of the political leader or government. Contrariwise, a person can experience a just law as unfair and feel that their freedom is decreased when in fact the full freedom of all depends on that law. For example, a law against vandalism may be experienced by some political activists as unfair, or even unjust, but it applies equally to everyone. If this latter condition is not met, people are not free.

Let me add that we cannot define freedom as ‘the absence of constraint or interference’, since we cannot know that interference isn’t taking place. We can conceive of hard-to-see manipulative systems which evade even our most careful investigation. And their non-existence is equally imperceptible to us.

Alastair Gray, Brighton

Freedom is an amalgam of dreams, strivings, and controlled premeditated actions which yield repeatable demonstrable successes in the world . There is collective freedom and individual freedom . I’ll only consider individual freedom here, but with minimal tweaking this concept could apply to collective freedom, too.

Every baby is born with at least one freedom – the ability to find, suckle at, and leave the breast. Other actions are doable, but are ragged and out of control. Over time more freedom is achieved. How does that happen? First, through crying, cooing, smiling, the newborn learns to communicate. First word, first step, first bike ride – all are major freedom breakthroughs. All are building blocks to future successes.

Let a dot on a page represent a specific individual and a closed line immediately about the dot represent a fence, limiting freedom. Freedom is a push upon this fence. A newly gained freedom forces the fence to back even further away from the dot, expanding the area enclosed about the individual. This area depicts the accumulated freedoms gained in life. The shape is random, not circular, since it is governed by the diversity and complexity of the individual’s successes. If Spanish is not learned, freedom to use Spanish was not gained. But if freedom with the violin is gained, that freedom would force the fence to retreat, adding a ‘violin-shaped’ bulge of freedom. The broader the skill, the wider the bulge. The greater the complexity, the deeper the bulge.

The fence limiting each individual’s freedom is unique. Its struts consist of the individual’s DNA, location, historical time frame, the community morays, the laws of the land, and any barrier which inhibits the individual’s goals. At an individual’s maximum sustained effort to be free from their constraints, the fence becomes razor wire. Continued sustained effort at the edge, without breaking through or expanding one’s territory, leaves the individual shattered, bleeding, and possibly broken.

Years fly, in time the hair greys or is lost, along with the greying of memory and other mental and physical abilities. Freedom weakens. Strength to hold back the fence’s elasticity weakens as well. So begins freedom’s loss in a step-by-step retreat.

Bob Preston, Winnipeg, Manitoba

Freedom is an illusion. “Man is condemned to be free; because once thrown into the world, he is responsible for everything he does,” wrote Jean-Paul Sartre. But man is not so much condemned to be free as condemned to bear the consequences of his choices and to take responsibility for his actions. This is not freedom . Freedom differs from free will. We do have choice , no matter what; but it is very questionable whether choosing between several unattractive options corresponds with actual freedom . Freedom would be the situation in which our choices, made through our free will, have no substantial consequences, which, say, limit our choices. This is impossible.

Man has a free will, but that does not make him ultimately free. On the contrary, our choices are mainly driven by survival in a competitive environment. Moreover, as long as people live with others, their freedom is limited by morals, laws, obligations and responsibilities – and that’s in countries where human rights are being respected. So all the freedoms we experience or aspire to are relative: freedom of opinion, freedom of action, freedom to choose a career, residence, or partner. Every choice necessarily leads to a commitment, and thus to obligations and responsibilities. These in turn lead to limitations; but also to meaning. The relative freedom to make a positive contribution to the world gives life meaning, and that is what man ultimately seeks.

Caroline Deforche, Lichtervelde, Belgium

Freedom? Bah, humbug! When humanity goes extinct, there will be no such thing as freedom. In the meantime, it is never more than a minimized concession from a grudging status quo. When it comes to dealing with each other, we are wrenching, scraping, clutching, covetous creatures, hard as a flint from which no generous fire glows. The problem with discerning this general truth is, not everyone is paid enough to be as true to human nature as merchant bankers, and society bludgeons the rest of us with rules that determine who does the squeezing in any given social structure – be it a family, a club, a company, or the state.

If this perspective seems to be a pessimistic denial of the ‘human spirit’, consider slavery and serfdom: both are means of squeezing others that their given society’s status quo condones. And, moreover, both states still exist, on the fringes – proving how little stands between humanity and savagery. The moral alternatives demand faith in the dubious artifice of absolute references: God(s), Ancestors, Equality, the Greater Good… However, if your preferred moral reference is at odds with the status quo’s, then you will feel you’re being denied your ‘freedom’.

So, freedom depends on the status quo, which, in turn, depends on whichever monoliths justify it. Absolute monarchies have often derived their power from the supposed will of God. Here there can be no freedom – just loyalty . Communism bases its moral claim on monolithic Equality, where the equal individuals cannot themselves be trusted with something as lethal as freedom, so it is held back by the Party. Capitalism says the squeezing should be done by those who succeed at accumulating economic spoils, and their attendant cast of amoral deal-brokers. Which is all fine. No system is perfect; and freedom is whatever exception you can wrench back from an unfavourable status quo. To win freedom, you must either negotiate or revolt. In turn, a successful status quo adapts to the ever-changing dynamics of who holds the power, and the will, to squeeze others. So freedom is a spectral illusion. If you’re lucky, you might catch a glimpse of it; but then it’s gone, wrenched back out of your feeble grasp.

Andrew Wrigley, York

As sky, so too water As air, so swims the silver cloud As body, so too the human mind is free To act to love to live to dream to be As circumstance reflects serendipity ‘I am the architect of my own destiny’ So say Sartre, Heidegger, Merleau-Ponty. This strange friend and foe: freedom Is mine, is me A mind to mirror to will to learn to choose For as living erodes all roads and thee ‘You are the architect of your own history’ So say the existentialists in a Paris café, For freedom, like sky, cloud, rain, and air Is what it means to be. Yes, thinkers, dreamers, disbelievers This is freedom: At any moment we can change our course Outrun contingency, outwit facticity Petition our thrownness to let us be For we are the architects of our own lives. This is the meaning of being free.

Bianca Laleh, Totnes, Devon

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Franklin D. Roosevelt’s Definition of Freedom Essay

  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment

The notion of liberty as an irrefutable right of every citizen is central to the history and culture of the United States. The phenomenon of freedom as a political statement and a crucial human value was established since the creation of the U.S., yet the subject matter was expanded on to the extent required to introduce the notion into the American value system by Franklin D. Roosevelt. Having been introduced into American society as WWII erupted, the concept of liberty as viewed through the political lens of Franklin D. Roosevelt allowed setting clear standards and determining the concept of freedom as a multifaceted yet clearly delineated notion. By promoting the principles of the Four Freedoms, Roosevelt managed to change the perception of justice on multiple social and cultural levels, altering attitudes toward immigrants and contributing to the profound change in social interactions.

It is also noteworthy that the concept of liberty started to be developed for the U.S. and its citizens during one of the most challenging periods in American history, namely, during the Great Depression. At the identified critical yet formative point of the American identity’s development, the concept of democracy as a set of irrefutable rights granted to every citizen no matter what their ethnicity, gender, or age was, was formed, allowing one to link these concerns to the American evolution and the plight for political autonomy (Foner 781). The case of Nicola Sacco can be seen as the starting point of the introduction of Roosevelt’s definition of freedom as liberty for all American citizens. As Foner explains, “The Sacco-Vanzetti case laid bare some of the fault lines beneath the surface of American society during the 1920ies” (Foner 780).

It is truly remarkable how the idea of liberty as the foundational principle of building relationships within a democratic society started to emerge despite the presence of rather hostile attitudes toward immigrants and prejudices associated with them. As the phenomenon of immigration became increasingly widespread in American society, Lucas W. Parrish outlined the dangers of the phenomenon in his speech on immigration in 1921, mentioning the “foreign and unsympathetic element” (Foner 792). However, in approximately 25 years, the values of the U.S. population were shifted completely to the idea of empathy and support for all members of the American community, disregarding their ethnicity, beliefs, and gender (Foner 793). Specifically, the Four Freedoms that Roosevelt promoted as the foundational values and the definition of freedom as “free thought and intellectual integrity” could be defined as a huge breakthrough in building relationships within the American community (Foner 815). Therefore, Roosevelt’s definition of freedom contributed to shaping American society as a multifaceted and intricate one, which was why Roosevelt used his message so often.

The introduction of not only economic but also political and social aspects into the idea of liberty as the cornerstone of American society was one of the main features of Roosevelt’s philosophy. Thus, it would be reasonable to claim that the notion of social justice was introduced into the concept of freedom at the time (“Franklin Roosevelt’s Re-Nomination Acceptance Speech (1936)”). As Foner explains, the era in question is “a new age where no political freedom but social and institutional freedom is the most insistent cry” (839). Thus, the shift toward the social perspective associated with the notion of liberty as it was represented by Roosevelt could be regarded as the foundational change that would determine the course of development for American society in the 20th and 21st centuries.

Foner, Eric. Give Me Liberty! 3rd ed., W. W. Norton & Company, 2016.

“Franklin Roosevelt’s Re-Nomination Acceptance Speech (1936).” The American Yawp Reader , n.d., Web.

  • Application of Irrefutable Laws of Leadership in the Military
  • "Give Me Liberty an American History" by Eric Foner
  • Eric Foner: Free Soil, Free Labor, Free Men
  • George Bush: President of the USA
  • Thomas Jefferson: The Author of America
  • Martin Van Buren: Money and Indian Relocation
  • Ronald Reagan as a President and a Person
  • "Barack Obama: Miles Traveled, Miles to Go" by Erin Kaplan
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Two concepts of freedom

essay concept of freedom

Introduction

‘Freedom’ can mean many different things. Here we're concerned with political freedom. Isaiah Berlin distinguished between a concept of negative freedom and a concept of positive freedom. You will examine these concepts and learn to recognise the difference between freedom from constraint and the freedom that comes from self-mastery or self-realisation.

The following material is taken from the book Arguments for Freedom ‘1999’ authored by Nigel Warburton of The Open University.

This OpenLearn course provides a sample of Level 2 study in Arts and Humanities .

Learning outcomes

After studying this course, you should be able to:

distinguish between negative and positive concepts of freedom

understand the main points in Isaiah Berlin's article ‘Two Concepts of Liberty’

recognise emotive language, to distinguish between necessary truths and contingent facts, and to appreciate what is involved in refutation by counterexample.

1 Introducing the concept of freedom

What are the limits of individual freedom in a civilised society? Should we tolerate unlimited freedom of speech, no matter how offensive the views expressed? Can the state ever be justified in interfering with what consenting adults choose to do in private? When, if ever, is coercion acceptable? Are all laws obstacles to freedom, or are they the very condition of achieving it? Should we sometimes force people to be free, or is that a contradiction in terms? These are serious questions. They're not merely abstract puzzles for philosophers to ponder in comfortable armchairs. They are the sorts of issues that people are prepared to die for.

Even if you choose to ignore them, the way other people answer these questions will impinge on your life. Philosophers at least since Plato's time have put forward answers to them. Here we'll be examining the arguments some of them have used. However, this won't just be a survey of some interesting thoughts on the subject. The point is to engage with the arguments: to examine their structure and content to see if they really support their conclusions. You needn't agree with these conclusions. As long as you think critically about the concept of freedom and are capable of arguing your case rather than simply stating your prejudices, you will be reading in the spirit in which they are intended.

To live in a society requires all kinds of co-operation. Usually this means curbing some of our more selfish desires in order to accommodate other people's interests. That is an element of the human situation. Given that our desires often conflict, it would be impossible for us to live in a society which imposed no limits whatsoever on what we do. It would be absurd to argue that we should all have complete licence to do whatever takes our fancy no matter who is affected by our actions. I shouldn't be allowed to walk into your house and help myself to your stereo and television. Hardly anyone would argue that I should be free to steal your possessions simply because I want them; but deciding where to set the limits on individual freedom in less extreme cases is no easy task.

2 The word ‘freedom’

The word ‘freedom’ can have powerful emotive force, that is, the power to arouse strong emotions. Its connotations are almost exclusively positive. If you describe a group as ‘freedom fighters’ this suggests that you approve of the cause for which they are fighting; call them ‘terrorists’ and you make clear your disapproval.

Activity 1: Emotive words

The following statements all use language calculated to arouse emotion. Make a note of the words which are particularly emotive.

Meat is murder.

The workers in this factory are little more than beasts of burden driven on by an evil capitalist master.

I am firm, you are obstinate, he is pigheaded.

Television is entertainment for philistines.

Britons never, never, never shall be slaves.

beasts of burden, evil, master.

obstinate, pig-headed.

philistines.

never, never, never, slaves.

‘Freedom’ is not usually a neutral term. Freedom seems noble and worthy. It is hard to imagine anyone declaring that they are fundamentally opposed to it. Many people have laid down their lives in the name of freedom, or of liberty (like most writers on the subject, I'll be using the words ‘freedom’ and ‘liberty’ interchangeably here); yet we should not lose sight of the fact that ‘freedom’ is used to mean many different and sometimes incompatible things. Just because one word (or two, if you count ‘liberty’) is used, it does not follow that there is one thing to which it refers. A quick perusal of the philosophical writing about freedom will reveal the wide variety of approaches to political life which have been defended in the name of freedom.

The arguments we'll be examining are arguments for political or social freedom: the freedom of the individual in relation to other people and to the state. The aim is to explain and unravel some arguments for this kind of freedom. In the process we'll be examining some of the classic philosophical defences of particular types of freedom. The stress will always be on the arguments used rather than on the detailed historical context in which the views were originally expressed. Many of the central arguments transfer readily to the contemporary situation, if you make appropriate changes. They contribute to the pressing debates about the limits of individual freedom that affect us today.

You might think that the meaning of ‘freedom’ is straightforward: at an individual level it means not being imprisoned. If I'm imprisoned then, obviously, I'm not free. I can't choose to go out for a stroll, eat a pizza, go to the cinema, and so on. But on the other hand, even as a prisoner, I am likely to be free in many respects. I am free to think about whatever I want to think about. In all but the cruellest prison regimes I will be free to pace around my cell, do a few push-ups or stare blankly at the wall; I'll also be free to write a letter to my family, perhaps even to study for an Open University degree, and so on. However, this may be a sentimental view of what prison life is actually like for most prisoners. Several of the activities I have described, particularly studying, require a certain amount of concentration. For most of us concentration requires relative quiet. Here is one prisoner's account of trying to study for an Open University course:

One of the main problems is that of noise. Jail is a very noisy place and it is rarely quiet. The quietest periods are after 8.30 at night and the normal lockup times. At other times it is very hard to concentrate with all the noise. I can't study during communal periods because of the loudness of the TV. Noise is a major problem. (Ashley, et al. (1994), p. 12)

So is this prisoner really free to study? Although the prison authorities don't actively prevent him from doing so, the noise in the prison at some times of the day does. A prisoner's freedom may be curtailed in many ways beyond preventing him or her leaving the prison, and not all of those curtailments of freedom are necessarily a result of someone deliberately imposing restrictions on behaviour. Nevertheless, most prisoners have considerably more freedom in most respects than did Gulliver, in Swift's novel Gulliver's Travels (1726), when he woke up after being shipwrecked on the shore of Lilliput:

I attempted to rise, but was not able to stir: for as I happened to lie on my back, I found my arms and legs were strongly fastened on each side to the ground; and my hair, which was long and thick, tied down in the same manner. I likewise felt several slender ligatures across my body, from my armpits to my thighs. I could only look upwards, the sun began to grow hot, and the light offended my eyes. I heard a confused noise about me, but in the posture I lay, could see nothing except the sky. (Swift (1985 edn), p. 55)

In this condition, Gulliver had virtually no freedom of movement. Even physical freedom is not a matter of all or nothing, but rather of degree. You may be imprisoned, but there are still further freedoms that you can lose.

For a nation, ‘freedom’ may mean not being occupied. France during most of the Second World War was not a free country in this sense as it was occupied by the Nazis or controlled by the Vichy government. The Resistance saw themselves as freedom fighters, risking their lives to liberate France. Their aim was quite simply a free France, which meant a France which was free from Nazi occupation. Yet when France was liberated it did not miraculously become free in every respect; nor were the French completely constrained in what they could do while the Nazis were in occupation.

However, ‘a free nation’ or ‘a free state’ may also mean one that is not totalitarian. A totalitarian state is one in which the state authorities, in principle at least, exercise control over most aspects of subjects’ lives. Totalitarianism may take many different forms. Its essence, in its most extreme form, is captured in George Orwell's novel Nineteen Eighty-Four : because the state authorities want to have complete control over individuals’ lives, there is an elaborate mechanism for surveillance, summed up in the slogan ‘Big Brother is Watching You’:

A Party Member lives from birth to death under the eye of the Thought Police. Even when he is alone he can never be sure that he is alone. Wherever he may be, asleep or awake, working or resting, in his bath or in bed, he can be inspected without warning and without knowing that he is being inspected. Nothing that he does is indifferent. His friendships, his relaxations, his behaviour towards his wife and children, the expression of his face when he is alone, the words he mutters in sleep, even the characteristic movements of his body, are all jealously scrutinised. Not only any actual misdemeanour, but any eccentricity, however small, any change of habits, any nervous mannerism that could possibly be the symptom of an inner struggle, is certain to be detected. He has no freedom of choice in any direction whatever. (Orwell (1989 edn), p. 219)

In such a totalitarian state there is no significant private realm in which individuals can exercise free choice: every area of life is subject to control by the state authorities. Here, then, is another sense in which a state or nation can lack freedom.

What these examples show is that freedom isn't a matter of all or nothing. You can be free in some respects and not in others (usually the context in which freedom is being discussed makes clear what kind of freedom is at stake). And you can have a greater or lesser degree of a particular freedom.

When philosophers ask ‘What is political freedom?’ they are not asking for a dictionary definition. ‘Political Freedom’, unlike, say, ‘aardvark’, isn't the sort of phrase that a dictionary definition is likely to shed much light upon. There is, as far as I know, no controversy about what an aardvark is. It is a species of animal: my dictionary says ‘the ant bear, a South African edentate’. If I were unsure whether or not the animal in front of me was an aardvark, a competent zoologist could easily set me straight. There are established criteria for determining which animals are aardvarks: if an animal meets these criteria, then it must be an aardvark. But political freedom is a notion that has been argued about for centuries: there is no uncontroversial way of defining it. The definition you give usually implies a particular view about human beings and about the things we do or should value most. In this respect it is more like ‘art’ than like ‘aardvark’. There are numerous, conflicting definitions of what art is. Similarly there are many different views about what political freedom is, and in particular about where its limits should be set.

3 Isaiah Berlin's ‘Two Concepts of Liberty’ (1958)

3.1 preamble.

In a ground-breaking lecture, the philosopher and historian of ideas Isaiah Berlin (1909–97) argued that there are two basic types of freedom which have been defended by philosophers and political theorists: negative freedom and positive freedom. Within each category there is scope for quite a wide range of positions; but most theories of freedom fit quite comfortably into one category or the other.

Berlin's article is important for three reasons. First, it provides a useful distinction between these two types of freedom. Secondly, it makes a case for the view that theories of positive freedom have often been used as instruments of oppression. Thirdly, by describing the incompatibility of various fundamental human aims in life, it suggests a reason why we put such a high value on freedom. For our purposes, the most important feature is the first, the distinction between the two types of freedom: negative and positive.

3.2 Negative freedom

The concept of negative freedom centres on freedom from interference. This type of account of freedom is usually put forward in response to the following sort of question:

What is the area within which the subject – a person or group of persons – is or should be left to do or be what he is able to do or be, without interference by other persons? (Berlin (1969), pp. 121–2; see, p. 155)

Or, more simply, ‘Over what area am I master?’ (ibid., p. xliii). Theories of negative freedom spell out the acceptable limits of interference in individuals’ lives. You restrict my negative freedom when you restrict the number of choices I can make about my life. The extent of my negative freedom is determined by how many possible choices lie open to me, or, to use one of Berlin's metaphors, how many doors are unlocked. It is also determined by the types of choices that are available. Clearly not every sort of choice should be given equal status: some choices are of greater importance than others. For most of us having freedom of speech, even if we don't take advantage of this opportunity, is a more important freedom than the freedom to choose between ten different sorts of washing powder. This is how Berlin puts it:

The extent of a man's negative liberty is, as it were, a function of what doors, and how many are open to him; upon what prospects they open; and how open they are. (Ibid., p.xlviii)

(It is worth bearing in mind when reading extracts from Berlin's article that it was written in the late 1950s when there was little concern about the apparent sexism of using the word ‘man’ to mean ‘human’, i.e. man or woman. He certainly does not intend to imply that only men can be free, or that only men can limit another's freedom. For ‘man’ read ‘human being’ or ‘person’.)

It doesn't matter whether or not I actually take advantage of the opportunities open to me: I am still free to the extent that I could, if I chose, take advantage of them:

The freedom of which I speak is opportunity for action, rather than action itself. If, although I enjoy the right to walk through open doors, I prefer not to do so, but to sit still and vegetate, I am not thereby rendered less free. Freedom is the opportunity to act, not action itself. (Ibid, p.xlii)

So, if you park your car across my drive, thereby preventing me from getting my car out, you restrict my freedom; and this is true even if I choose to stay in bed listening to my CDs all day, and would have done so even if you hadn't parked there. Or, if the state prevents me from going on strike by making my actions illegal, even if I don't have anything to strike about, and even if I don't ever intend to strike, my freedom is still curtailed. Negative freedom is a matter of the doors open to me, not of whether I happen to choose to go through them.

However, not all restrictions on my possible choices are infringements of my negative freedom. Berlin states that only restrictions imposed by other people affect my freedom . Colloquially, we might say that because we are human we aren't free to jump ten feet in the air or free to understand what an obscure passage in a difficult book by Hegel means. (Hegel was a philosopher (1790–1831) justifiably renowned for the obscurity of most of his writing.) But when discussing political freedom, the sort we are interested in here, these sorts of restrictions on what we can do, aren't counted as obstacles to freedom, however distressing they may be. Other people limit our freedom by what they do.

Limitations on our action brought about by the nature of the universe or the human body aren't relevant to the discussion of political freedom. Political freedom is a matter of the relations of power which hold between individuals and between individuals and the state.

The clearest cases in which freedom is restricted are when someone forces you to do something. You might be forced to join the army, for instance, if you live in a country which has compulsory military service. The law might force you to wear a crash helmet every time you ride your motorcycle. Your partner might force you to stay in rather than go out to the cinema, or to tidy up the kitchen rather than do another hour's study.

Read the following extract from Berlin's article. Then do the activity below.

I am normally said to be free to the degree to which no man or body of men interferes with my activity. Political liberty in this sense is simply the area within which a man can act unobstructed by others. If I am prevented by others from doing what I could otherwise do, I am to that degree unfree; and if this area is contracted by other men beyond a certain minimum, I can be described as being coerced, or, it may be, enslaved. Coercion is not, however, a term that covers every form of inability. If I say that I am unable to jump more than ten feet in the air, or cannot read because I am blind, or cannot understand the darker pages of Hegel, it would be eccentric to say that I am to that degree enslaved or coerced. Coercion implies the deliberate interference of other human beings within the area in which I could otherwise act. You lack political liberty or freedom only if you are prevented from attaining a goal by human beings. Mere incapacity to attain a goal is not lack of political freedom.* * Helvetius [1715–71] made this point very clearly: ‘The free man is the man who is not in irons, nor imprisoned in a gaol, nor terrorized like a slave by the fear of punishment… it is not lack of freedom not to fly like an eagle or swim like a whale.’ (Ibid., p. 122; see, p. 156)

Activity 2: Negative freedom

Which of the following involve limitations on an individual's negative freedom in the sense outlined by Berlin above? Not all the cases are clearcut.

The state prevents you from purchasing certain kinds of pornography.

You aren't tall enough to pick quinces from the tree in your garden.

You aren't tall enough to join the police force.

You aren't rich enough to buy a private island.

You aren't permitted to own a handgun.

The law forces you to wear a seatbelt when driving.

No one has ever selected you to play football for your country.

You are forced to study philosophy against your will.

Someone has handcuffed you to a lamppost.

You can't read because you are blind. Officers of an evil totalitarian regime blinded you to prevent you reading and writing subversive literature. You are denied access to braille books and audio tapes.

You are too poor to buy a loaf of bread because you've spent all your money on champagne.

You are simply too poor to buy a loaf of bread, not through any fault of your own.

Compare your answers with the answers and explanations below before reading on.

(1), (5), (6), (8), (9) and (10) are all straightforward restrictions of negative freedom. (2) almost certainly isn't (unless someone has somehow restricted your growth). (11) isn't a restriction of negative liberty. (7) probably isn't, unless you are an outstanding footballer whom someone has deliberately prevented from playing football for your country. (4) and (12) could involve restrictions on negative liberty if someone else's actions were making you poor (or at least not rich enough to do the things described).

It might have seemed to follow from Berlin's account of negative freedom that poverty couldn't count as a limitation on individual freedom. True, poverty effectively locks many doors. But these doors aren't necessarily locked by other people's actions; poverty may have other, non-human, causes. It may be due to the effects of freak weather conditions leading to famine; or perhaps to sudden illness or accident. Whether or not poverty is to count as a limitation of negative freedom depends entirely on your view of the causes of the poverty in question. This becomes clear in the following passage from Berlin's essay:

It is argued, very plausibly, that if a man is too poor to afford something on which there is no legal ban – a loaf of bread, a journey round the world, recourse to the law courts – he is as little free to have it as he would be if it were forbidden him by law. If my poverty were a kind of disease, which prevented me from buying bread, or paying for the journey round the world or getting my case heard, as lameness prevents me from running, this inability would not naturally be described as a lack of freedom, least of all political freedom. It is only because I believe that my inability to get a given thing is due to the fact that other human beings have made arrangements whereby I am, whereas others are not, prevented from having enough money with which to pay for it, that I think myself a victim of coercion or slavery. ‘The nature of things does not madden us, only ill will does’, said Rousseau. The criterion of oppression is the part that I believe to be played by other human beings, directly or indirectly with or without the intention of doing so, in frustrating my wishes. By being free in this sense I mean not being interfered with by others. The wider the area of non-interference the wider my freedom. (Ibid., pp. 122–3; see, p. 156)

If the man described above is too poor to buy a loaf of bread as a consequence of other people's actions, then, whether these other people intended this effect or not, his freedom has been curtailed. But if his poverty is a result of non-human causes, such as a drought-induced famine, or some natural disaster, terrible as his plight might be, it would not limit his negative freedom.

3.3 Positive freedom

Positive freedom is a more difficult notion to grasp than negative. Put simply it is freedom to do something rather than freedom from interference. Negative freedom is simply a matter of the number and kind of options that lie open for you and their relevance for your life; it is a matter of what you aren't prevented from doing; the doors that lie unlocked. Positive freedom, in contrast, is a matter of what you can actually do. All sorts of doors may be open, giving you a large amount of negative freedom, and yet you might find that there are still obstacles to taking full advantage of your opportunities. Berlin sometimes talks of positive liberty in terms of the question ‘Who is master?’ I want to be in control of my life, but there may, for example, be internal obstacles to my living the way I really want to. Here we might talk of my increasing my freedom (in the positive sense) by overcoming my less rational desires.

This is easier to understand if you consider some examples. I might recognise the value of study for making my life go well, but keep getting sidetracked by less important, immediately gratifying activities, such as going out for a drink, or staying in and spending the whole evening watching ‘soaps’ on television. I know that studying is important to me, and will increase my control over my life. But I really enjoy going out for a drink and I really enjoy watching television ‘soaps’. So the short-term gratifications tend to seduce me away from activities which are better for me in the long term. My positive freedom would be increased if my ‘higher’ rational side could overcome my ‘lower’ tendency to be sidetracked. It is not a question of having more, or more significant, opportunities: the opportunity for me to study is there now. Rather it is a question of being able to take advantage of the opportunity by being in control of my life. Positive freedom in this example is a matter of my having the capacity to take the rational option as well as having the opportunity : whereas, according to a concept of negative freedom, the opportunities that I have alone determine the extent of my freedom. I am free to study in the negative sense since no one is preventing me from doing it; no one has locked away my books, or hidden my pen and paper; no one has dragged me out of the door to go to the pub, or chained me to my armchair in front of the television. However, I am not free in the positive sense; I am not truly free, because I am a slave to my tendency to be sidetracked. True positive freedom would involve seizing control of my life and making rational choices for myself. Those who defend positive freedom believe that just because no one is preventing you from doing something, it does not follow that you are genuinely free. Positive freedom is a matter of achieving your potential, not just having potential.

Consider another example, a real one this time. James Boswell, the eighteenth-century diarist and biographer of Dr Johnson, included the following in his journal for Sunday 31 March 1776. It describes how he spent a night in London following a dinner with friends:

I behaved pretty decently. But when I got into the street, the whoring rage came upon me. I thought I would devote a night to it. I was weary at the same time that I was tumultuous. I went to Charing Cross Bagnio with a wholesome-looking, bouncing wench, stripped, and went to bed with her. But after my desires were satiated by repeated indulgence, I could not rest; so I parted from her after she had honestly delivered to me my watch and ring and handkerchief, which I should not have missed I was so drunk. I took a hackney-coach and was set down in Berkeley Square, and went home cold and disturbed and dreary and vexed, with remorse rising like a black cloud without any distinct form; for in truth my moral principle as to chastity was absolutely eclipsed for a time. I was in the miserable state of those whom the Apostle represents as working all uncleanness with greediness. I thought of my valuable spouse with the highest regard and warmest affection, but had a confused notion that my corporeal connection with whores did not interfere with my love for her. Yet I considered that I might injure my health, which there could be no doubt was an injury to her. This is an exact state of my mind at the time. It shocks me to review it. (Boswell (1992 edn), p. 295)

Here Boswell's confession reveals clearly the tension between two sides of his character. In his sober reflection he can see the foolishness of his having spent the night with a prostitute. Even soon after the event he is stricken with remorse, which he attempts to dispel by means of the transparent rationalisation that somehow, despite breaking his principle of chastity, his infidelity does not interfere with his love for his wife. Yet he can't hide behind self-serving justifications for long, when he realises that he has risked catching a venereal disease, something that undoubtedly has the potential to harm her. His higher self endorses a principle of chastity and fidelity; his lower self succumbs to temptations of the flesh. According to some theories of positive freedom, Boswell's ‘true’ freedom could only be realised by achieving a greater degree of self-mastery. To achieve ‘true’ freedom, your higher self must have control over the impulses of the lower self. Otherwise, you are simply a slave to passing emotions and desires; lusts in this case. Sober, Boswell is shocked by his actions of the previous night. Perhaps the only way he could have achieved ‘true’ freedom in the circumstances, given his lustful nature, would be to have been forced to go straight home to bed after dining with his friends. This would certainly have infringed his negative liberty in the sense of reducing his opportunities, but it would have allowed him to do what at some level he felt was best for him, and thereby to enjoy positive freedom in this respect.

From this it should be clear that the notion of positive liberty may rely on the belief that the self can be split into a higher and a lower self, and that the higher or rational self's priorities should be encouraged to overcome the lower, less rational self's inclinations: the passing desires that if acted on can so upset a life plan. The higher self has desires for what will make the individual's life go well; it wishes to pursue worthwhile and noble goals. The lower self is easily led astray, often by irrational appetites. Consequently, advocates of positive liberty argue, we need to be protected against our own lower selves in order to realise the goals of our higher, ‘true’ selves. In many cases this can only be achieved by coercing us to behave in ways which seem to go against our desires; in fact this coercion is necessary to allow us to fulfil our rational higher desires, desires which we may even be unaware of having. On this view, the freedom which is self-mastery, or positive freedom, may only be achievable if our lower selves are constrained in their actions. By preventing me from going out for a drink or from watching television all night you may help me to realise my ‘true’ freedom which is achievable only if I spend a significant portion of my available time studying. This is what I would have wanted had I been truly free. If Boswell had been forced to go home straight after dinner rather than given the opportunity to spend the night with a prostitute, his positive freedom might have been significantly extended.

This is Berlin's description of positive liberty and its origins:

The ‘positive’ sense of the word ‘liberty’ derives from the wish on the part of the individual to be his own master. I wish my life and decisions to depend on myself, not on external forces of whatever kind. I wish to be the instrument of my own, not of other men's acts of will. I wish to be a subject, not an object; to be moved by reasons, by conscious purposes which are my own, not by causes which affect me, as it were, from outside. I wish to be somebody, not nobody; a doer – deciding, not being decided for, self-directed and not acted upon by external nature or by other men as if I were a thing, or an animal, or a slave incapable of playing a human role – that is, of conceiving goals and policies of my own and realizing them. This is at least part of what I mean when I say that I am rational, and that it is my reason that distinguishes me as a human being from the rest of the world. I wish, above all, to be conscious of myself as a thinking, willing, active being, bearing responsibility for his choices and able to explain them by reference to his own ideas and purposes. I feel free to the degree that I believe this to be true, and enslaved to the degree that I am made to realize that it is not. (Ibid., p. 131; see, pp. 160–1)

It is important to realise that Berlin's notion of positive liberty doesn't just apply to self-mastery at the individual level; it also encompasses theories of freedom which emphasise collective control over common life. So, for example, when someone calls a society a free society because its members play an active role in controlling it through their participation in democratic institutions, they are appealing to a notion of positive freedom rather than of negative freedom. In this example the people as a whole are free because they, collectively, have mastery over the life of their society. A free society based upon the concept of negative freedom would typically be one in which state interference in individual lives is kept to a minimum. This would not necessarily be a democratic society since a benevolent dictator might be concerned to provide an extensive realm of individual negative freedom for each of his or her subjects.

Activity 3: Positive and negative freedom

Which sort of conception of freedom, positive or negative, is appealed to in each case?

The state intervenes to prevent an alcoholic drinking himself to death on the grounds that this is what, in his sober and rational moments, he would clearly desire and so is a basic condition of his gaining true freedom.

The state protects an alcoholic's freedom to consume huge amounts of whisky in the privacy of her own home.

I cease to be free when I follow my baser sensual appetites: I am in thrall to mere passing desire.

It is an infringement on my freedom to prevent me from engaging in consensual sado-masochism in the privacy of my own dungeon.

I don't need the nanny state forcing me to have fluoride in my drinking water for my own good: that infringes my freedom.

You can only really be free in a well-governed state with harsh but well-chosen laws which shape your life in a rational way, thereby encouraging you to flourish. Increasing your opportunities to make a mess of your life doesn't increase your freedom in any meaningful sense.

Compare your answers with those below before reading on.

Berlin's distinction between negative and positive freedom remains a useful one, and much of are structured around it. However, his aim in the paper was not simply to make the distinction, but rather to make a claim about the ways in which theories of positive freedom have been misused.

3.4 The misuse of the concept of positive liberty

One of the main claims that Berlin makes in ‘Two Concepts of Liberty’ is a historical one. It is that positive theories of freedom, or perversions of them, have been more frequently used as instruments of oppression than have negative ones. These positive theories typically rely on a split between a ‘higher’ and a ‘lower’ self, or between a ‘rational’ and an ‘empirical’ self as Berlin sometimes puts it. Coercion is justified on the grounds that it leads to a realisation of the aims of the higher or rational self, even if the lower, everyday, empirical self opposes the coercion with all its might. The final humiliation in such a situation is to be told that, despite appearances, what is going on is not coercion, since it actually increases your freedom. In other words, Berlin believes that positive theories of freedom have historically been used to justify some kinds of oppression and that it is a relatively short step from saying that freedom involves self-mastery to the justification of all kinds of state interference in the lives of individuals on the grounds that, in Rousseau's words, it can, in some circumstances, be right to be ‘forced to be free’.

Read the following extract from Berlin's article (ibid., pp. 131–4; see, pp. 161–3), and then answer the questions below.

The freedom which consists in being one's own master, and the freedom which consists in not being prevented from choosing as I do by other men, may, on the face of it, seem concepts at no great logical distance from each other – no more than negative and positive ways of saying much the same thing. Yet the
5‘positive’ and ‘negative’ notions of freedom historically developed in divergent directions not always by logically reputable steps, until, in the end, they came into direct conflict with each other.
One way of making this clear is in terms of the independent momentum which the, initially perhaps quite harmless, metaphor of self-mastery acquired. ‘I am
10my own master’; ‘I am slave to no man’; but may I not (as Platonists or Hegelians tend to say) be a slave to nature? Or to my own ‘unbridled’ passions? Are these not so many species of the identical genus ‘slave’ – some political or legal, others moral or spiritual? Have not men had the experience of liberating themselves from spiritual slavery, or slavery to nature, and do
15they not in the course of it become aware, on the one hand, of a self which dominates, and, on the other, of something in them which is brought to heel? This dominant self is then variously identified with reason, with my ‘higher nature’, with the self which calculates and aims at what will satisfy it in the long run, with my ‘real’, or ‘ideal’, or ‘autonomous’ self, or with my self ‘at its
20best’; which is then contrasted with irrational impulse, uncontrolled desires, my ‘lower’ nature, the pursuit of immediate pleasures, my ‘empirical’ or ‘heteronomous’ self, swept by every gust of desire and passion, needing to be rigidly disciplined if it is ever to rise to the full height of its ‘real’ nature. Presently the two selves may be represented as divided by an even larger gap:
25the real self may be conceived as something wider than the individual (as the term is normally understood), as a social ‘whole’ of which the individual is an element or aspect: a tribe, a race, a church, a state, the great society of the living and the dead and the yet unborn. This entity is then identified as being the ‘true’ self which, by imposing its collective, or ‘organic’, single will upon its
30recalcitrant ‘members’, achieves its own, and therefore their, ‘higher’ freedom. The perils of using organic metaphors to justify the coercion of some men by others in order to raise them to a ‘higher’ level of freedom have often been pointed out. But what gives such plausibility as it has to this kind of language is that we recognize that it is possible, and at times justifiable, to coerce men
35in the name of some goal (let us say, justice or public health) which they would, if they were more enlightened, themselves pursue, but do not, because they are blind or ignorant or corrupt. This renders it easy for me to conceive of myself as coercing others for their own sake, in their, not my, interest. I am then claiming that I know what they truly need better than they know it
40themselves. What, at most, this entails is that they would not resist me if they were rational and as wise as I and understood their interests as I do. But I may go on to claim a good deal more than this. I may declare that they are actually aiming at what in their benighted state they consciously resist, because there exists within them an occult entity – their latent rational will, or their ‘true’
45purpose – and that this entity, although it is belied by all that they overtly feel and do and say, is their ‘real’ self, of which the poor empirical self in space and time may know nothing or little; and that this inner spirit is the only self that deserves to have its wishes taken into account. Once I take this view, I am in a position to ignore the actual wishes of men or societies, to bully, oppress,
50torture them in the name, and on behalf, of their ‘real’ selves, in the secure knowledge that whatever is the true goal of man (happiness, performance of duty, wisdom, a just society, self-fulfilment) must be identical with his freedom – the free choice of his ‘true’, albeit often submerged and inarticulate, self.
This paradox has been often exposed. It is one thing to say that I know what
55is good for X, while he himself does not; and even to ignore his wishes for its – and his – sake; and a very different one to say that he has chosen it, not indeed consciously, not as he seems in everyday life, but in his role as a rational self which his empirical self may not know – the ‘real’ self which discerns the good, and cannot help choosing it once it is revealed. This
60monstrous impersonation, which consists in equating what X would choose if he were something he is not, or at least not yet, with what X actually seeks and chooses, is at the heart of all political theories of self-realization. It is one thing to say that I may be coerced for my own good which I am too blind to see: this may, on occasion, be for my benefit; indeed it may enlarge the scope
65of my liberty. It is another to say that if it is my good, then I am not being coerced, for I have willed it, whether I know this or not, and am free (or ‘truly’ free) even while my poor earthly body and foolish mind bitterly reject it, and struggle against those who seek however benevolently to impose it, with the greatest desperation.

Activity 4: Comprehension

Lines 1–2. Which of the following two phrases describes the concept of positive freedom and which the concept of negative freedom?

‘The freedom which consists in being one's own master.’

‘The freedom which consists in not being prevented from choosing as I do by other men.’

Lines 8–30. Put the main point of these lines in your own words. You should not use more than fifty words to do this.

Lines 16–30. Why has Berlin put the words ‘real’ and ‘higher’ in such phrases as ‘ "real" nature’ and ‘ "higher" freedom’ within scare quotes?

Berlin (lines 31–41) says that coercing people for their own sake is sometimes justifiable. What, then, is the ‘good deal more than this’ which advocates of positive liberty sometimes go on to claim (lines 42–53)?

A paradox is a situation which yields an apparent contradiction. What is the paradox that Berlin refers to in line 54?

Compare your answers with those below. Then re-read the whole extract before reading on. You should find that your understanding of the main points made in the passage has increased significantly.

The metaphor of being master over one's own life, no one's slave, still leaves open the possibility of being a slave to one's own passions. The idea of a higher and rational self (the master), which should keep in check the lower irrational self (the unruly slave), comes from this.

Berlin put these words within inverted commas to indicate that he does not necessarily accept that such a nature is real or that such a self, if it exists, is higher . He is reporting how other people use these words rather than endorsing this way of speaking himself.

Berlin claims that some advocates of positive liberty have gone so far as to insist that other people don't necessarily know what they really want, what their higher selves seek. Such advocates of positive liberty may ignore what other people say they want and bully, oppress or torture them on the grounds that that is what their ‘real’ selves would want. This, they claim, is not coercion, since it is what their victims’ ‘real’ selves wish for. It is not a case of forcing people to do what would be good for them because they can't appreciate what is good for them; it is a matter of forcing people to do what at a level unavailable to them they, allegedly, wish to do.

The paradox is that people are forced to do what they say they don't want to do on the grounds that they really do want to do it. What they really want to do, on this analysis, is what they really don't want to do.

Although Berlin doesn't actually use the term, in the passage you have just read Berlin contrasts paternalism with a particular way in which the concept of positive freedom has frequently been misused. Paternalism is coercing people for their own sake. An example of paternalism is putting fluoride in drinking water, whether or not the population wants it there, on the grounds that it will significantly reduce the incidence of tooth decay, and thus improve the health of the population. The fluoride is added for the good of the people who drink the water, whether they realise that it will do them good or not. Misuse of positive freedom differs from this in that it involves the claim that the coercion is something the people coerced have, in a sense, chosen: they have ‘chosen’ it as rational selves, but not in the everyday sense of ‘chosen’. Though it might not seem like it to them, they are, allegedly, freer as a result of the coercion. In other words, this misuse of positive freedom rests on the belief that it can be acceptable to force people to be free. Indeed, in some cases this seems to be the only way in which, according to the theory, some individuals will ever attain ‘true’ freedom. This move from positive liberty to forcing people to be ‘free’ has, in recent history, led to oppression on a massive scale. It has been the source of much misery and many ruined lives.

It is important to realise that Berlin is not saying that only the concept of positive liberty can be misused. In fact it is obvious that versions of the negative concept can also be used to justify some terrible states of affairs. In some situations, preserving individuals' freedom from interference might be tantamount to encouraging the strong to thrive at the expense of the weak. As it has been memorably put, ‘Freedom for the pike is death for the minnows’. The pike might think it an excellent idea to allow fish to go about their business unimpeded by rules or interventions. The minnows, who stand to be his lunch, will no doubt see the limitations of a negative theory of liberty which allowed them to be eaten on the grounds that otherwise the pike's freedom would have been seriously curtailed.

However, although theories based on a concept of negative liberty can lead to unsatisfactory situations, Berlin's point is that historically this is not usually what has happened. It is the theories of positive liberty which have led to human tragedy on a massive scale. The terrible irony is that the justification for oppression has so often been that coercion actually increases the ‘real’ or ‘true’ freedom of the coerced.

Berlin has sometimes been interpreted as saying that all theories of positive freedom are bad, and that the only type of theory worth defending is one based on the concept of negative freedom – freedom from interference. But this is a misinterpretation which he has been at pains to dispel. For instance, he has written:

‘Positive’ liberty, conceived as the answer to the question, ‘By whom am I to be governed?’, is a valid universal goal. I do not know why I should have been held to doubt this… I can only repeat that the perversion of the notion of positive liberty into its opposite – the apotheosis of authority – did occur, and has for a long while been one of the most familiar and depressing phenomena of our time. For whatever reason or cause, the notion of ‘negative’ liberty (conceived as the answer to the question ‘How much am I governed?’) however disastrous the consequences of its unbridled forms, has not historically been twisted by its theorists as often or as effectively into anything so darkly metaphysical or socially sinister or remote from its original meaning as its ‘positive’ counterpart. The first can be turned into its opposite and still exploit the favourable associations of its innocent origins. The second has, much more frequently, been seen, for better and for worse, for what it was; there has been no lack of emphasis, in the last hundred years, upon its more disastrous implications. Hence, the greater need, it seems to me, to expose the aberrations of positive liberty than those of its negative brother. (Berlin (1969), p. xlvii)

He has also expanded on this topic in an interview:

The only reason for which I have been suspected of defending negative liberty against positive and saying that it is more civilized, is because I do think that the concept of positive liberty, which is of course essential to a decent existence, has been more often abused or perverted than that of negative liberty. Both are genuine questions; both are inescapable… Both these concepts have been politically and morally twisted into their opposites. George Orwell is excellent on this. People say ‘I express your real wishes. You may think that you know what you want, but I, the Fuhrer, we the Party Central Committee, know you better than you know yourself, and provide you with what you would ask for if you recognised your "real" needs.’ Negative liberty is twisted when I am told that liberty must be equal for the tigers and for the sheep and that this cannot be avoided even if it enables the former to eat the latter if coercion by the state is not to be used. Of course unlimited liberty for capitalists destroys the liberty of the workers, unlimited liberty for factory-owners or parents will allow children to be employed in the coal-mines. Certainly the weak must be protected against the strong, and liberty to that extent be curtailed. Negative liberty must be curtailed if positive liberty is to be sufficiently realised; there must be a balance between the two, about which no clear principles can be enunciated. Positive and negative liberty are both perfectly valid concepts, but it seems to me that historically more damage has been done by pseudo-positive than by pseudo-negative liberty in the modern world. (Jahanbegloo (1993), p. 41)

As can be seen from the mention of the Fuhrer and of the Party Central Committee, Berlin believes that in the twentieth century both Nazism and communism have perverted the notion of positive freedom and that both Nazi and communist states have coerced their citizens, often against their will, to realise what their coercers believe to be their ‘true’ freedom, or the ‘true’ freedom of their nation state.

Berlin is making a generalisation about the concept of positive freedom on the basis of his observation of history, some of it first hand (as a boy, he witnessed the Russian revolutions of 1917). This is a historical thesis rather than a philosophical one: it is a thesis about what has actually happened. In the part of his paper where he puts forward this thesis, Berlin is writing more as a historian of ideas than as a philosopher pure and simple. In Berlin's case his activity as a historian and as a philosopher are intimately entwined. However, it is important to realise that philosophers don't primarily put forward empirical hypotheses: their main concerns are the analysis of concepts (such as Berlin engages in, in his examination of the nature of the two types of freedom); and the analysis of arguments.)

The argument Berlin has presented about past perversions of the concept of positive freedom is based on empirical evidence; that is, its truth or falsity depends on facts, facts which are ultimately discovered by observation. It is not a logically necessary consequence of the intrinsic nature of the concept of positive freedom that it is prone to this sort of misuse. It is a contingent fact: this is just how it is, but it could have been otherwise. This distinction between what is logically necessary and what is contingent is an important one. If something is logically necessary you can't deny it without contradicting yourself. For example, it is logically necessary that all vertebrates have backbones; it is true by definition since ‘vertebrate’ just means ‘creature with a backbone’. Similarly it is necessarily true that if someone is dead they are no longer living: that just follows from the meaning of ‘dead’. Saying ‘I've found a vertebrate with no backbone’, or ‘My uncle is dead but he's still alive’ (unless you are giving a new meaning to ‘vertebrate’ or ‘alive’, in which case you would be guilty of equivocation) involves a contradiction. It would be like saying ‘Here is a creature which both has and does not have a backbone’ or ‘My uncle both is and is not alive’. In contrast contingent facts need not be as they are: as a consequence we usually have to make some sort of observation or conduct some sort of experiment to discover what they are. So, for example, it could have turned out historically that a concept of negative freedom was more often used as an excuse for oppression than a positive one. It is a contingent fact that, at least according to Berlin, things are the other way round. The way Berlin arrived at his conclusion was by considering the evidence of recent history.

Activity 5: Necessary truths and contingent statements

Which of the following are logically necessary truths, and which contingent statements?

All aardvarks are animals.

All heads of industry are overpaid.

Many philosophers wear glasses.

Some politicians are corrupt.

Nothing that is red all over is turquoise.

Everyone who is over 18 is over 16.

The concept of negative freedom has rarely been invoked to justify oppression.

Check your answers against those below before reading on.

logically necessary.

contingent.

3.5 The notion of a final solution

Motivating much of Berlin's essay on the two concepts of liberty is a pair of related beliefs. First he believes that the notion of a so-called ‘final solution’, the belief that ultimately all human differences of goal can be reconciled, has led to terrible consequences, often to atrocities. Secondly, he believes that there is not, in principle, any way of resolving the widely different goals that human beings have. There can, then, be no simple panacea to cure all the problems that arise as a result of conflicting aims. This second belief goes some way to explaining why we place such a high value on negative freedom.

Here is his account of the consequences of attempting a final solution (a term which he presumably chose for its emotive force given that it is the term which is usually used for Hitler's attempt to exterminate the Jewish people):

One belief, more than any other, is responsible for the slaughter of individuals on the altars of the great historical ideals – justice or progress or the happiness of future generations, or the sacred mission or emancipation of a nation or race or class, or even liberty itself, which demands the sacrifice of individuals for the freedom of society. This is the belief that somewhere, in the past or in the future, in divine revelation or in the mind of an individual thinker, in the pronouncements of history or science, or in the simple heart of an uncorrupted good man, there is a final solution. This ancient faith rests on the conviction that all the positive values in which men have believed must, in the end, be compatible, and perhaps even entail one another… It is a commonplace that neither political equality nor efficient organisation nor social justice is compatible with more than a modicum of individual liberty, and certainly not with unrestricted laissez-faire ; that justice and generosity, public and private loyalties, the demands of genius and the claims of society, can conflict violently with each other. And it is no great way from that to the generalisation that not all good things are compatible, still less all the ideals of mankind. But somewhere, we shall be told and in some way, it must be possible for all these values to live together, for unless this is so, the universe is not a cosmos, not a harmony; unless this is so, conflicts of value may be an intrinsic irremovable element in human life. To admit that the fulfilment of some of our ideals may in principle make the fulfilment of others impossible is to say that the notion of total human fulfilment is a formal contradiction, a metaphysical chimera. (Berlin, op. cit., pp. 167–8)

The central point here, like the argument about past misuses of the notion of positive liberty discussed in Section 3.4 , is a historical claim, a pessimistic one. Berlin is saying that historically the belief in a ‘final solution’, a way of harmonising all the different goals that human beings have, has had disastrous consequences for those whose goals don't happen to have fitted neatly into the master plan.

However, towards the end of this quotation he introduces a different idea, namely that the different goals may in principle be irreconcilable: perhaps there just can't be a way of harmonising all the different goals (such as justice, equality and the cultivation of geniuses), that people have and do consider worthwhile. If this thesis is true, then it follows that ‘the notion of total human fulfilment is a formal contradiction’.

What this means is that the notion of total human fulfilment embodies an unachievable goal. If it is a necessary feature of human goals that they can't all simultaneously be achieved, then it follows that any theory that says they can is self-contradictory: it will end up implying both that human goals cannot all be fulfilled and that they can, which is a logical absurdity. In other words, Berlin is suggesting that the notion of human goals carries within it the implication that not all human goals can be fulfilled. But what is his evidence for this pessimistic conclusion?

He considers two possibilities: first that there might be some a priori guarantee of the notion that the goals different people have can actually be harmonised. By ‘ a priori guarantee’ he means an argument that doesn't rely on empirical observation, but rather provides a logically secure proof of the point independently of any evidence. We can, for instance, know that all aardvarks are animals independently of conducting any experiments on actual aardvarks; this is because it is true by definition that all aardvarks are animals. You can know a priori that if you have in your sack something that isn't an animal, then it certainly isn't an aardvark. So, returning to Berlin's discussion: he suggests that there is no a priori guarantee that human goals can all in fact be achieved. He assumes this, rather than providing any argument to show that it is true. If we accept this point (which is reasonable enough since it is unclear how we could know a priori that all human goals could in principle be harmonised), we must fall back on observation. Do we, then, have any empirical evidence that all human goals might in fact be fulfilled? Or, to put it another way, has human history provided us with any evidence that would suggest the fundamental compatibility of the diverse goals that different human beings seek and value? Berlin's answer to these questions is a straight ‘No’:

But if we are not armed with an a priori guarantee of the proposition that a total harmony of true values is somewhere to be found – perhaps in some ideal realm the characteristics of which we can, in our finite state, not so much as conceive – we must fall back on the ordinary resources of empirical observation and ordinary human knowledge. And these certainly give us no warrant for supposing (or even understanding what would be meant by saying) that all good things, or all bad things for that matter, are reconcilable with each other. The world that we encounter in ordinary experience is one in which we are faced with choices between ends equally ultimate, and claims equally absolute, the realisation of some of which must inevitably involve the sacrifice of others. Indeed, it is because this is their situation that men place such immense value upon the freedom to choose; for if they had assurance that in some perfect state, realisable by men on earth, no ends pursued by them would ever be in conflict, the necessity and agony of choice would disappear, and with it the central importance of the freedom to choose. Any method of bringing this final state nearer would then seem fully justified, no matter how much freedom were sacrificed to forward its advance. It is, I have no doubt some such dogmatic certainty that has been responsible for the deep, serene, unshakeable conviction in the minds of some of the most merciless tyrants and persecutors in history that what they did was fully justified by its purpose. I do not say that the ideal of self-perfection – whether for individuals or nations or churches or classes – is to be condemned in itself, or that the language which was used in its defence was in all cases the result of a confused or fraudulent use of words, or of moral or intellectual perversity. Indeed, I have tried to show that it is the notion of freedom in its ‘positive’ sense that is at the heart of the demands for national or social self-direction which animate the most powerful and morally just public movements of our time, and that not to recognise this is to misunderstand the most vital facts and ideas of our age. But equally it seems to me that the belief that some single formula can in principle be found whereby all the diverse ends of men can be harmoniously realised is demonstrably false. If, as I believe, the ends of men are many and not all of them are in principle compatible with each other, then the possibility of conflict – and of tragedy – can never wholly be eliminated from human life, either personal or social. The necessity of choosing between absolute claims is then an inescapable characteristic of the human condition. (Ibid., pp. 168–9)

If Berlin is right that it is a fundamental and inescapable feature of being human that we have to choose between incompatible alternatives (both as individuals and as members of a society), in a sense creating ourselves through our choices, then this helps to explain why freedom is so important to us. It is through our freely made choices that we make ourselves what we are, whether as individuals or societies. If there were some true ‘final solution’, then it wouldn't matter whether we made the choices, or someone else made the right ones for us: one simple concept of positive freedom would be sufficient, and coercion might be justified on the basis of it. But, since, as Berlin believes, no final solution is in principle ever going to harmonise the different aims that human beings have, and since there are numerous incompatible, worthwhile ways of living (a view sometimes known as pluralism ), a combination of negative and positive freedom is a precondition of a satisfactory life. Take away the guarantee of some basic negative freedoms for all adults, and the result will be misery for those whose aims in life do not conveniently harmonise with the dominant view in that society.

3.6 Berlin criticised: one concept of freedom?

I've already mentioned that the most important feature of Berlin's article for our purposes is his distinction between negative and positive concepts of freedom: freedom from constraint, and the freedom that results from self-mastery or self-realisation. Most discussion of Berlin's article has also focused on this distinction. Now I want to consider a criticism of the distinction between two types of freedom.

The whole article rests on the assumption that we can make a meaningful distinction between negative and positive concepts of freedom. Gerald MacCallum challenged this view in an article, ‘Negative and Positive Freedom’, in which he claimed that there is just one concept of freedom, not two, and that the idea that there are two concepts introduces confusion about what is really at stake. MacCallum summarises his position on the distinction between negative and positive concepts of freedom:

the distinction between them has never been made sufficiently clear, is based in part upon a serious confusion, and has drawn attention away from precisely what needs examining if the differences separating philosophers, ideologies, and social movements concerned with freedom are to be understood. The corrective advised is to regard freedom as always one and the same triadic relation, but recognise that various contending parties disagree with each other in what they understand to be the ranges of the term variables. To view the matter in this way is to release oneself from a prevalent but unrewarding concentration on ‘kinds’ of freedom, and to turn attention toward the truly important issues in this area of social and political philosophy. (MacCallum jnr, in Miller (1991), p. 100)

The single concept of freedom that MacCallum puts forward as a replacement for Berlin's two concepts is ‘triadic’. All this means is that it has three parts. The three parts are as follows: freedom is always freedom for someone; it is also freedom from some possible constraint; and it is freedom to do (or not do) something. MacCallum believes that in any discussion of freedom, we should be able to fill in the details for each of the three parts. When one of the parts seems to be missing this is simply because it is implicit in the context. So, for example, any discussion of freedom of speech will, implicitly or explicitly, refer to some person or persons who are or are not constrained to make some sort of public statement.

What MacCallum is doing is arguing that there is a simpler and more useful concept of freedom available than the two concepts set out by Berlin. This simpler concept embodies aspects of both the negative and the positive concepts of freedom described by Berlin. However, Berlin has responded to this criticism by pointing out that there are important cases in which freedom is at issue which cannot be fitted into this three part concept of freedom. Here is Berlin's response:

It has been suggested that liberty is always a triadic relation: one can only seek to be free from X to do or be Y; hence ‘all liberty’ is at once negative and positive or, better still, neither… This seems to me an error. A man struggling against his chains or a people against enslavement need not consciously aim at any definite further state. A man need not know how he will use his freedom; he just wants to remove the yoke. So do classes and nations. (Berlin, op. cit., footnote, p. xliii)

Put simply, what Berlin has done here is to have provided several counterexamples to MacCallum's general claim that all discussions of freedom can be resolved into a single triadic concept of freedom with varying content. To MacCallum's claim that freedom must always include an explicit or implicit view about what it is freedom to do or be, Berlin has presented some cases in which this does not appear to be so. Any general claim, such as one that begins ‘All… are…’ (e.g. all aardvarks have long tongues) can be refuted by a single counter-example (e.g. in this case, a short-tongued aardvark). If someone claims that all mammals live on land, you only need to cite the single counterexample of dolphins to make clear that the generalisation is false. Similarly, if someone claims that no one ever lived over the age of one hundred and twenty, you only need to produce evidence that one person has lived to be one hundred and twenty-one to refute their claim. (The word ‘refute’ means ‘demonstrate to be false’; it shouldn't be confused with the word ‘repudiate’ which simply means ‘deny’.) Counter-examples provide a powerful way of undermining a generalisation.

Activity 6: Generalisations refuted by counter-example

Which of the following pairs of statements consist of a generalisation followed by a refutation by counter-example?

No one has ever returned from the dead.

No one will ever return from the dead.

All cats like eating tuna fish.

My cat detests tuna fish and won't touch it.

All bachelors of arts have degrees.

My aunt is a bachelor of arts.

No self-respecting intellectual would enjoy watching television ‘soap operas’.

A.J. Ayer was a self-respecting intellectual and he enjoyed watching television ‘soap operas’.

Everyone who has written about freedom has maintained that there are at least two concepts of freedom.

MacCallum has written about freedom maintaining that there is just one basic concept of freedom.

(2), (4), and (5) consist of a generalisation followed by a counter-example.

If any of Berlin's examples are accurate descriptions of possible states of affairs, then it follows that he has refuted MacCallum's notion that all meaningful senses of freedom can be captured within a single triadic concept. It does seem reasonable to say that someone struggling for freedom may just seek to ‘remove the yoke’. Indeed this seems to be a basic sense in which we use the word ‘freedom’, one that is not captured by MacCallum's triadic concept.

Activity 7: Reading

When you have finished this course, try reading through the long extract from Berlin's ‘Two Concepts of Liberty’. It concentrates on the distinction between negative and positive liberty and doesn't cover the issues raised in the second half of this course. Don't worry if you can't follow every point: Berlin refers to a wide range of thinkers in passing, most of whose work you probably won't know. Also, like many philosophers, he writes at quite an abstract level. However, much of this essay should already be familiar to you from the long quotations included in this course.

Click to open 'Two Concepts of Liberty' .

4 Conclusion

4.1 course summary.

‘Freedom’ can mean many different things; the word can have a powerful emotive force. We're concerned here with political freedom. Isaiah Berlin distinguished between a concept of negative freedom and a concept of positive freedom. Negative freedom is freedom from interference, it is a matter of the opportunities that lie open to you. Positive freedom is the capability of doing what you really want to do. Historically, according to Berlin, the concept of positive freedom has been used to justify various kinds of oppression. Berlin also believes that there is no ‘final solution’, no simple way of reconciling the different goals that different people have. Berlin's view, that there are two concepts of freedom, has been attacked by Gerald MacCallum who thinks there is only one concept. Berlin has provided several counter-examples to MacCallum's point.

4.2 Further reading

The complete text of Isaiah Berlin's essay ‘Two Concepts of Liberty’ is contained in his Four Essays on Liberty (Oxford University Press, 1969). This book also contains an essay on John Stuart Mill's theory of liberty. A wider-ranging selection of Berlin's essays is The Proper Study of Mankind (Pimlico, 1998). This also includes the full text of ‘Two Concepts of Liberty’. The best commentary on Berlin's writings is Isaiah Berlin (Fontana, 1995) by John Gray. Although quite difficult in places, this book extracts the main philosophical themes from Berlin's work.

Acknowledgements

This course was written by Dr Nigel Warburton

Except for third party materials and otherwise stated (see terms and conditions ), this content is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Licence

Grateful acknowledgement is made to the following sources for permission to reproduce material in this course:

Course image: Scott Robinson in Flickr made available under Creative Commons Attribution 2.0 Licence .

Berlin, I ‘Four Essays on Liberty’, 1969, Oxford University Press, by permission of Oxford University Press.

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Freedom of Speech

[ Editor’s Note: The following new entry by Jeffrey W. Howard replaces the former entry on this topic by the previous author. ]

Human beings have significant interests in communicating what they think to others, and in listening to what others have to say. These interests make it difficult to justify coercive restrictions on people’s communications, plausibly grounding a moral right to speak (and listen) to others that is properly protected by law. That there ought to be such legal protections for speech is uncontroversial among political and legal philosophers. But disagreement arises when we turn to the details. What are the interests or values that justify this presumption against restricting speech? And what, if anything, counts as an adequate justification for overcoming the presumption? This entry is chiefly concerned with exploring the philosophical literature on these questions.

The entry begins by distinguishing different ideas to which the term “freedom of speech” can refer. It then reviews the variety of concerns taken to justify freedom of speech. Next, the entry considers the proper limits of freedom of speech, cataloging different views on when and why restrictions on communication can be morally justified, and what considerations are relevant when evaluating restrictions. Finally, it considers the role of speech intermediaries in a philosophical analysis of freedom of speech, with special attention to internet platforms.

1. What is Freedom of Speech?

2.1 listener theories, 2.2 speaker theories, 2.3 democracy theories, 2.4 thinker theories, 2.5 toleration theories, 2.6 instrumental theories: political abuse and slippery slopes, 2.7 free speech skepticism, 3.1 absoluteness, coverage, and protection, 3.2 the limits of free speech: external constraints, 3.3 the limits of free speech: internal constraints, 3.4 proportionality: chilling effects and political abuse, 3.5 necessity: the counter-speech alternative, 4. the future of free speech theory: platform ethics, other internet resources, related entries.

In the philosophical literature, the terms “freedom of speech”, “free speech”, “freedom of expression”, and “freedom of communication” are mostly used equivalently. This entry will follow that convention, notwithstanding the fact that these formulations evoke subtly different phenomena. For example, it is widely understood that artistic expressions, such as dancing and painting, fall within the ambit of this freedom, even though they don’t straightforwardly seem to qualify as speech , which intuitively connotes some kind of linguistic utterance (see Tushnet, Chen, & Blocher 2017 for discussion). Still, they plainly qualify as communicative activity, conveying some kind of message, however vague or open to interpretation it may be.

Yet the extension of “free speech” is not fruitfully specified through conceptual analysis alone. The quest to distinguish speech from conduct, for the purpose of excluding the latter from protection, is notoriously thorny (Fish 1994: 106), despite some notable attempts (such as Greenawalt 1989: 58ff). As John Hart Ely writes concerning Vietnam War protesters who incinerated their draft cards, such activity is “100% action and 100% expression” (1975: 1495). It is only once we understand why we should care about free speech in the first place—the values it instantiates or serves—that we can evaluate whether a law banning the burning of draft cards (or whatever else) violates free speech. It is the task of a normative conception of free speech to offer an account of the values at stake, which in turn can illuminate the kinds of activities wherein those values are realized, and the kinds of restrictions that manifest hostility to those values. For example, if free speech is justified by the value of respecting citizens’ prerogative to hear many points of view and to make up their own minds, then banning the burning of draft cards to limit the views to which citizens will be exposed is manifestly incompatible with that purpose. If, in contrast, such activity is banned as part of a generally applied ordinance restricting fires in public, it would likely raise no free-speech concerns. (For a recent analysis of this issue, see Kramer 2021: 25ff).

Accordingly, the next section discusses different conceptions of free speech that arise in the philosophical literature, each oriented to some underlying moral or political value. Before turning to the discussion of those conceptions, some further preliminary distinctions will be useful.

First, we can distinguish between the morality of free speech and the law of free speech. In political philosophy, one standard approach is to theorize free speech as a requirement of morality, tracing the implications of such a theory for law and policy. Note that while this is the order of justification, it need not be the order of investigation; it is perfectly sensible to begin by studying an existing legal protection for speech (such as the First Amendment in the U.S.) and then asking what could justify such a protection (or something like it).

But of course morality and law can diverge. The most obvious way they can diverge is when the law is unjust. Existing legal protections for speech, embodied in the positive law of particular jurisdictions, may be misguided in various ways. In other words, a justified legal right to free speech, and the actual legal right to free speech in the positive law of a particular jurisdiction, can come apart. In some cases, positive legal rights might protect too little speech. For example, some jurisdictions’ speech laws make exceptions for blasphemy, such that criminalizing blasphemy does not breach the legal right to free speech within that legal system. But clearly one could argue that a justified legal right to free speech would not include any such exception. In other cases, positive legal rights might perhaps protect too much speech. Consider the fact that, as a matter of U.S. constitutional precedent, the First Amendment broadly protects speech that expresses or incites racial or religious hatred. Plainly we could agree that this is so as a matter of positive law while disagreeing about whether it ought to be so. (This is most straightforwardly true if we are legal positivists. These distinctions are muddied by moralistic theories of constitutional interpretation, which enjoin us to interpret positive legal rights in a constitutional text partly through the prism of our favorite normative political theory; see Dworkin 1996.)

Second, we can distinguish rights-based theories of free speech from non-rights-based theories. For many liberals, the legal right to free speech is justified by appealing to an underlying moral right to free speech, understood as a natural right held by all persons. (Some use the term human right equivalently—e.g., Alexander 2005—though the appropriate usage of that term is contested.) The operative notion of a moral right here is that of a claim-right (to invoke the influential analysis of Hohfeld 1917); it thereby correlates to moral duties held by others (paradigmatically, the state) to respect or protect the right. Such a right is natural in that it exerts normative force independently of whether anyone thinks it does, and regardless of whether it is codified into the law. A tyrannical state that imprisons dissidents acts unjustly, violating moral rights, even if there is no legal right to freedom of expression in its legal system.

For others, the underlying moral justification for free speech law need not come in the form of a natural moral right. For example, consequentialists might favor a legal right to free speech (on, e.g., welfare-maximizing grounds) without thinking that it tracks any underlying natural right. Or consider democratic theorists who have defended legal protections for free speech as central to democracy. Such theorists may think there is an underlying natural moral right to free speech, but they need not (especially if they hold an instrumental justification for democracy). Or consider deontologists who have argued that free speech functions as a kind of side-constraint on legitimate state action, requiring that the state always justify its decisions in a manner that respects citizens’ autonomy (Scanlon 1972). This theory does not cast free speech as a right, but rather as a principle that forbids the creation of laws that restrict speech on certain grounds. In the Hohfeldian analysis (Hohfeld 1917), such a principle may be understood as an immunity rather than a claim-right (Scanlon 2013: 402). Finally, some “minimalists” (to use a designation in Cohen 1993) favor legal protection for speech principally in response to government malice, corruption, and incompetence (see Schauer 1982; Epstein 1992; Leiter 2016). Such theorists need not recognize any fundamental moral right, either.

Third, among those who do ground free speech in a natural moral right, there is scope for disagreement about how tightly the law should mirror that right (as with any right; see Buchanan 2013). It is an open question what the precise legal codification of the moral right to free speech should involve. A justified legal right to freedom of speech may not mirror the precise contours of the natural moral right to freedom of speech. A raft of instrumental concerns enters the downstream analysis of what any justified legal right should look like; hence a defensible legal right to free speech may protect more speech (or indeed less speech) than the underlying moral right that justifies it. For example, even if the moral right to free speech does not protect so-called hate speech, such speech may still merit legal protection in the final analysis (say, because it would be too risky to entrust states with the power to limit those communications).

2. Justifying Free Speech

I will now examine several of the morally significant considerations taken to justify freedom of expression. Note that while many theorists have built whole conceptions of free speech out of a single interest or value alone, pluralism in this domain remains an option. It may well be that a plurality of interests serves to justify freedom of expression, properly understood (see, influentially, Emerson 1970 and Cohen 1993).

Suppose a state bans certain books on the grounds that it does not want us to hear the messages or arguments contained within them. Such censorship seems to involve some kind of insult or disrespect to citizens—treating us like children instead of adults who have a right to make up our own minds. This insight is fundamental in the free speech tradition. On this view, the state wrongs citizens by arrogating to itself the authority to decide what messages they ought to hear. That is so even if the state thinks that the speech will cause harm. As one author puts it,

the government may not suppress speech on the ground that the speech is likely to persuade people to do something that the government considers harmful. (Strauss 1991: 335)

Why are restrictions on persuasive speech objectionable? For some scholars, the relevant wrong here is a form of disrespect for citizens’ basic capacities (Dworkin 1996: 200; Nagel 2002: 44). For others, the wrong here inheres in a violation of the kind of relationship the state should have with its people: namely, that it should always act from a view of them as autonomous, and so entitled to make up their own minds (Scanlon 1972). It would simply be incompatible with a view of ourselves as autonomous—as authors of our own lives and choices—to grant the state the authority to pre-screen which opinions, arguments, and perspectives we should be allowed to think through, allowing us access only to those of which it approves.

This position is especially well-suited to justify some central doctrines of First Amendment jurisprudence. First, it justifies the claim that freedom of expression especially implicates the purposes with which the state acts. There are all sorts of legitimate reasons why the state might restrict speech (so-called “time, place, and manner” restrictions)—for example, noise curfews in residential neighborhoods, which do not raise serious free speech concerns. Yet when the state restricts speech with the purpose of manipulating the communicative environment and controlling the views to which citizens are exposed, free speech is directly affronted (Rubenfeld 2001; Alexander 2005; Kramer 2021). To be sure, purposes are not all that matter for free speech theory. For example, the chilling effects of otherwise justified speech regulations (discussed below) are seldom intended. But they undoubtedly matter.

Second, this view justifies the related doctrines of content neutrality and viewpoint neutrality (see G. Stone 1983 and 1987) . Content neutrality is violated when the state bans discussion of certain topics (“no discussion of abortion”), whereas viewpoint neutrality is violated when the state bans advocacy of certain views (“no pro-choice views may be expressed”). Both affront free speech, though viewpoint-discrimination is especially egregious and so even harder to justify. While listener autonomy theories are not the only theories that can ground these commitments, they are in a strong position to account for their plausibility. Note that while these doctrines are central to the American approach to free speech, they are less central to other states’ jurisprudence (see A. Stone 2017).

Third, this approach helps us see that free speech is potentially implicated whenever the state seeks to control our thoughts and the processes through which we form beliefs. Consider an attempt to ban Marx’s Capital . As Marx is deceased, he is probably not wronged through such censorship. But even if one held idiosyncratic views about posthumous rights, such that Marx were wronged, it would be curious to think this was the central objection to such censorship. Those with the gravest complaint would be the living adults who have the prerogative to read the book and make up their own minds about it. Indeed free speech may even be implicated if the state banned watching sunsets or playing video games on the grounds that is disapproved of the thoughts to which such experiences might give rise (Alexander 2005: 8–9; Kramer 2021: 22).

These arguments emphasize the noninstrumental imperative of respecting listener autonomy. But there is an instrumental version of the view. Our autonomy interests are not merely respected by free speech; they are promoted by an environment in which we learn what others have to say. Our interests in access to information is served by exposure to a wide range of viewpoints about both empirical and normative issues (Cohen 1993: 229), which help us reflect on what goals to choose and how best to pursue them. These informational interests are monumental. As Raz suggests, if we had to choose whether to express our own views on some question, or listen to the rest of humanity’s views on that question, we would choose the latter; it is our interest as listeners in the public good of a vibrant public discourse that, he thinks, centrally justifies free speech (1991).

Such an interest in acquiring justified beliefs, or in accessing truth, can be defended as part of a fully consequentialist political philosophy. J.S. Mill famously defends free speech instrumentally, appealing to its epistemic benefits in On Liberty . Mill believes that, given our fallibility, we should routinely keep an open mind as to whether a seemingly false view may actually be true, or at least contain some valuable grain of truth. And even where a proposition is manifestly false, there is value in allowing its expression so that we can better apprehend why we take it to be false (1859: chapter 2), enabled through discursive conflict (cf. Simpson 2021). Mill’s argument focuses especially on the benefits to audiences:

It is is not on the impassioned partisan, it is on the calmer and more disinterested bystander, that this collision of opinions works its salutary effect. (1859: chapter 2, p. 94)

These views are sometimes associated with the idea of a “marketplace of ideas”, whereby the open clash of views inevitably leads to the correct ones winning out in debate. Few in the contemporary literature holds such a strong teleological thesis about the consequences of unrestricted debate (e.g., see Brietzke 1997; cf. Volokh 2011). Much evidence from behavioral economics and social psychology, as well as insights about epistemic injustice from feminist epistemology, strongly suggest that human beings’ rational powers are seriously limited. Smug confidence in the marketplace of ideas belies this. Yet it is doubtful that Mill held such a strong teleological thesis (Gordon 1997). Mill’s point was not that unrestricted discussion necessarily leads people to acquire the truth. Rather, it is simply the best mechanism available for ascertaining the truth, relative to alternatives in which some arbiter declares what he sees as true and suppresses what he sees as false (see also Leiter 2016).

Note that Mill’s views on free speech in chapter 2 in On Liberty are not simply the application of the general liberty principle defended in chapter 1 of that work; his view is not that speech is anodyne and therefore seldom runs afoul of the harm principle. The reason a separate argument is necessary in chapter 2 is precisely that he is carving out a partial qualification of the harm principle for speech (on this issue see Jacobson 2000, Schauer 2011b, and Turner 2014). On Mill’s view, plenty of harmful speech should still be allowed. Imminently dangerous speech, where there is no time for discussion before harm eventuates, may be restricted; but where there is time for discussion, it must be allowed. Hence Mill’s famous example that vociferous criticism of corn dealers as

starvers of the poor…ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer. (1859: chapter 3, p. 100)

The point is not that such speech is harmless; it’s that the instrumental benefits of permitting its expressions—and exposing its falsehood through public argument—justify the (remaining) costs.

Many authors have unsurprisingly argued that free speech is justified by our interests as speakers . This family of arguments emphasizes the role of speech in the development and exercise of our personal autonomy—our capacity to be the reflective authors of our own lives (Baker 1989; Redish 1982; Rawls 2005). Here an emphasis on freedom of expression is apt; we have an “expressive interest” (Cohen 1993: 224) in declaring our views—about the good life, about justice, about our identity, and about other aspects of the truth as we see it.

Our interests in self-expression may not always depend on the availability of a willing audience; we may have interests simply in shouting from the rooftops to declare who we are and what we believe, regardless of who else hears us. Hence communications to oneself—for example, in a diary or journal—are plausibly protected from interference (Redish 1992: 30–1; Shiffrin 2014: 83, 93; Kramer 2021: 23).

Yet we also have distinctive interests in sharing what we think with others. Part of how we develop our conceptions of the good life, forming judgments about how to live, is precisely through talking through the matter with others. This “deliberative interest” in directly served through opportunities to tell others what we think, so that we can learn from their feedback (Cohen 1993). Such encounters also offer opportunities to persuade others to adopt our views, and indeed to learn through such discussions who else already shares our views (Raz 1991).

Speech also seems like a central way in which we develop our capacities. This, too, is central to J.S. Mill’s defense of free speech, enabling people to explore different perspectives and points of view (1859). Hence it seems that when children engage in speech, to figure out what they think and to use their imagination to try out different ways of being in the world, they are directly engaging this interest. That explains the intuition that children, and not just adults, merit at least some protection under a principle of freedom of speech.

Note that while it is common to refer to speaker autonomy , we could simply refer to speakers’ capacities. Some political liberals hold that an emphasis on autonomy is objectionably Kantian or otherwise perfectionist, valorizing autonomy as a comprehensive moral ideal in a manner that is inappropriate for a liberal state (Cohen 1993: 229; Quong 2011). For such theorists, an undue emphasis on autonomy is incompatible with ideals of liberal neutrality toward different comprehensive conceptions of the good life (though cf. Shiffrin 2014: 81).

If free speech is justified by the importance of our interests in expressing ourselves, this justifies negative duties to refrain from interfering with speakers without adequate justification. Just as with listener theories, a strong presumption against content-based restrictions, and especially against viewpoint discrimination, is a clear requirement of the view. For the state to restrict citizens’ speech on the grounds that it disfavors what they have to say would affront the equal freedom of citizens. Imagine the state were to disallow the expression of Muslim or Jewish views, but allow the expression of Christian views. This would plainly transgress the right to freedom of expression, by valuing certain speakers’ interests in expressing themselves over others.

Many arguments for the right to free speech center on its special significance for democracy (Cohen 1993; Heinze 2016: Heyman 2009; Sunstein 1993; Weinstein 2011; Post 1991, 2009, 2011). It is possible to defend free speech on the noninstrumental ground that it is necessary to respect agents as democratic citizens. To restrict citizens’ speech is to disrespect their status as free and equal moral agents, who have a moral right to debate and decide the law for themselves (Rawls 2005).

Alternatively (or additionally), one can defend free speech on the instrumental ground that free speech promotes democracy, or whatever values democracy is meant to serve. So, for example, suppose the purpose of democracy is the republican one of establishing a state of non-domination between relationally egalitarian citizens; free speech can be defended as promoting that relation (Whitten 2022; Bonotti & Seglow 2022). Or suppose that democracy is valuable because of its role in promoting just outcomes (Arneson 2009) or tending to track those outcomes in a manner than is publicly justifiable (Estlund 2008) or is otherwise epistemically valuable (Landemore 2013).

Perhaps free speech doesn’t merely respect or promote democracy; another framing is that it is constitutive of it (Meiklejohn 1948, 1960; Heinze 2016). As Rawls says: “to restrict or suppress free political speech…always implies at least a partial suspension of democracy” (2005: 254). On this view, to be committed to democracy just is , in part, to be committed to free speech. Deliberative democrats famously contend that voting merely punctuates a larger process defined by a commitment to open deliberation among free and equal citizens (Gutmann & Thompson 2008). Such an unrestricted discussion is marked not by considerations of instrumental rationality and market forces, but rather, as Habermas puts it, “the unforced force of the better argument” (1992 [1996: 37]). One crucial way in which free speech might be constitutive of democracy is if it serves as a legitimation condition . On this view, without a process of open public discourse, the outcomes of the democratic decision-making process lack legitimacy (Dworkin 2009, Brettschneider 2012: 75–78, Cohen 1997, and Heinze 2016).

Those who justify free speech on democratic grounds may view this as a special application of a more general insight. For example, Scanlon’s listener theory (discussed above) contends that the state must always respect its citizens as capable of making up their own minds (1972)—a position with clear democratic implications. Likewise, Baker is adamant that both free speech and democracy are justified by the same underlying value of autonomy (2009). And while Rawls sees the democratic role of free speech as worthy of emphasis, he is clear that free speech is one of several basic liberties that enable the development and exercise of our moral powers: our capacities for a sense of justice and for the rational pursuit a lifeplan (2005). In this way, many theorists see the continuity between free speech and our broader interests as moral agents as a virtue, not a drawback (e.g., Kendrick 2017).

Even so, some democracy theorists hold that democracy has a special role in a theory of free speech, such that political speech in particular merits special protection (for an overview, see Barendt 2005: 154ff). One consequence of such views is that contributions to public discourse on political questions merit greater protection under the law (Sunstein 1993; cf. Cohen 1993: 227; Alexander 2005: 137–8). For some scholars, this may reflect instrumental anxieties about the special danger that the state will restrict the political speech of opponents and dissenters. But for others, an emphasis on political speech seems to reflect a normative claim that such speech is genuinely of greater significance, meriting greater protection, than other kinds of speech.

While conventional in the free speech literature, it is artificial to separate out our interests as speakers, listeners, and democratic citizens. Communication, and the thinking that feeds into it and that it enables, invariably engages our interests and activities across all these capacities. This insight is central to Seana Shiffrin’s groundbreaking thinker-based theory of freedom of speech, which seeks to unify the range of considerations that have informed the traditional theories (2014). Like other theories (e.g., Scanlon 1978, Cohen 1993), Shiffrin’s theory is pluralist in the range of interests it appeals to. But it offers a unifying framework that explains why this range of interests merits protection together.

On Shiffrin’s view, freedom of speech is best understood as encompassing both freedom of communication and freedom of thought, which while logically distinct are mutually reinforcing and interdependent (Shiffrin 2014: 79). Shiffrin’s account involves several profound claims about the relation between communication and thought. A central contention is that “free speech is essential to the development, functioning, and operation of thinkers” (2014: 91). This is, in part, because we must often externalize our ideas to articulate them precisely and hold them at a distance where we can evaluate them (p. 89). It is also because we work out what we think largely by talking it through with others. Such communicative processes may be monological, but they are typically dialogical; speaker and listener interests are thereby mutually engaged in an ongoing manner that cannot be neatly disentangled, as ideas are ping-ponged back and forth. Moreover, such discussions may concern democratic politics—engaging our interests as democratic citizens—but of course they need not. Aesthetics, music, local sports, the existence of God—these all are encompassed (2014: 92–93). Pace prevailing democratic theories,

One’s thoughts about political affairs are intrinsically and ex ante no more and no less central to the human self than thoughts about one’s mortality or one’s friends. (Shiffrin 2014: 93)

The other central aspect of Shiffrin’s view appeals to the necessity of communication for successfully exercising our moral agency. Sincere communication enables us

to share needs, emotions, intentions, convictions, ambitions, desires, fantasies, disappointments, and judgments. Thereby, we are enabled to form and execute complex cooperative plans, to understand one another, to appreciate and negotiate around our differences. (2014: 1)

Without clear and precise communication of the sort that only speech can provide, we cannot cooperate to discharge our collective obligations. Nor can we exercise our normative powers (such as consenting, waiving, or promising). Our moral agency thus depends upon protected channels through which we can relay our sincere thoughts to one another. The central role of free speech is to protect those channels, by ensuring agents are free to share what they are thinking without fear of sanction.

The thinker-based view has wide-ranging normative implications. For example, by emphasizing the continuity of speech and thought (a connection also noted in Macklem 2006 and Gilmore 2011), Shiffrin’s view powerfully explains the First Amendment doctrine that compelled speech also constitutes a violation of freedom of expression. Traditional listener- and speaker-focused theories seemingly cannot explain what is fundamentally objectionable with forcing someone to declare a commitment to something, as with children compelled to pledge allegiance to the American flag ( West Virginia State Board of Education v. Barnette 1943). “What seems most troubling about the compelled pledge”, Shiffrin writes,

is that the motive behind the regulation, and its possible effect, is to interfere with the autonomous thought processes of the compelled speaker. (2014: 94)

Further, Shiffrin’s view explains why a concern for free speech does not merely correlate to negative duties not to interfere with expression; it also supports positive responsibilities on the part of the state to educate citizens, encouraging and supporting their development and exercise as thinking beings (2014: 107).

Consider briefly one final family of free speech theories, which appeal to the role of toleration or self-restraint. On one argument, freedom of speech is important because it develops our character as liberal citizens, helping us tame our illiberal impulses. The underlying idea of Lee Bollinger’s view is that liberalism is difficult; we recurrently face temptation to punish those who hold contrary views. Freedom of speech helps us to practice the general ethos of toleration in a manner than fortifies our liberal convictions (1986). Deeply offensive speech, like pro-Nazi speech, is protected precisely because toleration in these enormously difficult cases promotes “a general social ethic” of toleration more generally (1986: 248), thereby restraining unjust exercises of state power overall. This consequentialist argument treats the protection of offensive speech not as a tricky borderline case, but as “integral to the central functions of the principle of free speech” (1986: 133). It is precisely because tolerating evil speech involves “extraordinary self-restraint” (1986: 10) that it works its salutary effects on society generally.

The idea of self-restraint arises, too, in Matthew Kramer’s recent defense of free speech. Like listener theories, Kramer’s strongly deontological theory condemns censorship aimed at protecting audiences from exposure to misguided views. At the core of his theory is the thesis that the state’s paramount moral responsibility is to furnish the social conditions that serve the development and maintenance of citizens’ self-respect and respect for others. The achievement of such an ethically resilient citizenry, on Kramer’s view, has the effect of neutering the harmfulness of countless harmful communications. “Securely in a position of ethical strength”, the state “can treat the wares of pornographers and the maunderings of bigots as execrable chirps that are to be endured with contempt” (Kramer 2021: 147). In contrast, in a society where the state has failed to do its duty of inculcating a robust liberal-egalitarian ethos, the communication of illiberal creeds may well pose a substantial threat. Yet for the state then to react by banning such speech is

overweening because with them the system’s officials take control of communications that should have been defused (through the system’s fulfillment of its moral obligations) without prohibitory or preventative impositions. (2021: 147)

(One might agree with Kramer that this is so, but diverge by arguing that the state—having failed in its initial duty—ought to take measures to prevent the harms that flow from that failure.)

These theories are striking in that they assume that a chief task of free speech theory is to explain why harmful speech ought to be protected. This is in contrast to those who think that the chief task of free speech theory is to explain our interests in communicating with others, treating the further issue of whether (wrongfully) harmful communications should be protected as an open question, with different reasonable answers available (Kendrick 2017). In this way, toleration theories—alongside a lot of philosophical work on free speech—seem designed to vindicate the demanding American legal position on free speech, one unshared by virtually all other liberal democracies.

One final family of arguments for free speech appeals to the danger of granting the state powers it may abuse. On this view, we protect free speech chiefly because if we didn’t, it would be far easier for the state to silence its political opponents and enact unjust policies. On this view, a state with censorial powers is likely to abuse them. As Richard Epstein notes, focusing on the American case,

the entire structure of federalism, divided government, and the system of checks and balances at the federal level shows that the theme of distrust has worked itself into the warp and woof of our constitutional structure.

“The protection of speech”, he writes, “…should be read in light of these political concerns” (Epstein 1992: 49).

This view is not merely a restatement of the democracy theory; it does not affirm free speech as an element of valuable self-governance. Nor does it reduce to the uncontroversial thought that citizens need freedom of speech to check the behavior of fallible government agents (Blasi 1977). One need not imagine human beings to be particularly sinister to insist (as democracy theorists do) that the decisions of those entrusted with great power be subject to public discussion and scrutiny. The argument under consideration here is more pessimistic about human nature. It is an argument about the slippery slope that we create even when enacting (otherwise justified) speech restrictions; we set an unacceptable precedent for future conduct by the state (see Schauer 1985). While this argument is theoretical, there is clearly historical evidence for it, as in the manifold cases in which bans on dangerous sedition were used to suppress legitimate war protest. (For a sweeping canonical study of the uses and abuses of speech regulations during wartime, with a focus on U.S. history, see G. Stone 2004.)

These instrumental concerns could potentially justify the legal protection for free speech. But they do not to attempt to justify why we should care about free speech as a positive moral ideal (Shiffrin 2014: 83n); they are, in Cohen’s helpful terminology, “minimalist” rather than “maximalist” (Cohen 1993: 210). Accordingly, they cannot explain why free speech is something that even the most trustworthy, morally competent administrations, with little risk of corruption or degeneration, ought to respect. Of course, minimalists will deny that accounting for speech’s positive value is a requirement of a theory of free speech, and that critiquing them for this omission begs the question.

Pluralists may see instrumental concerns as valuably supplementing or qualifying noninstrumental views. For example, instrumental concerns may play a role in justifying deviations between the moral right to free communication, on the one hand, and a properly specified legal right to free communication, on the other. Suppose that there is no moral right to engage in certain forms of harmful expression (such as hate speech), and that there is in fact a moral duty to refrain from such expression. Even so, it does not follow automatically that such a right ought to be legally enforced. Concerns about the dangers of granting the state such power plausibly militate against the enforcement of at least some of our communicative duties—at least in those jurisdictions that lack robust and competently administered liberal-democratic safeguards.

This entry has canvassed a range of views about what justifies freedom of expression, with particular attention to theories that conceive free speech as a natural moral right. Clearly, the proponents of such views believe that they succeed in this justificatory effort. But others dissent, doubting that the case for a bona fide moral right to free speech comes through. Let us briefly note the nature of this challenge from free speech skeptics , exploring a prominent line of reply.

The challenge from skeptics is generally understood as that of showing that free speech is a special right . As Leslie Kendrick notes,

the term “special right” generally requires that a special right be entirely distinct from other rights and activities and that it receive a very high degree of protection. (2017: 90)

(Note that this usage is not to be confused from the alternative usage of “special right”, referring to conditional rights arising out of particular relationships; see Hart 1955.)

Take each aspect in turn. First, to vindicate free speech as a special right, it must serve some distinctive value or interest (Schauer 2015). Suppose free speech were just an implication of a general principle not to interfere in people’s liberty without justification. As Joel Feinberg puts it, “Liberty should be the norm; coercion always needs some special justification” (1984: 9). In such a case, then while there still might be contingent, historical reasons to single speech out in law as worthy of protection (Alexander 2005: 186), such reasons would not track anything especially distinctive about speech as an underlying moral matter. Second, to count as a special right, free speech must be robust in what it protects, such that only a compelling justification can override it (Dworkin 2013: 131). This captures the conviction, prominent among American constitutional theorists, that “any robust free speech principle must protect at least some harmful speech despite the harm it may cause” (Schauer 2011b: 81; see also Schauer 1982).

If the task of justifying a moral right to free speech requires surmounting both hurdles, it is a tall order. Skeptics about a special right to free speech doubt that the order can be met, and so deny that a natural moral right to freedom of expression can be justified (Schauer 2015; Alexander & Horton 1983; Alexander 2005; Husak 1985). But these theorists may be demanding too much (Kendrick 2017). Start with the claim that free speech must be distinctive. We can accept that free speech be more than simply one implication of a general presumption of liberty. But need it be wholly distinctive? Consider the thesis that free speech is justified by our autonomy interests—interests that justify other rights such as freedom of religion and association. Is it a problem if free speech is justified by interests that are continuous with, or overlap with, interests that justify other rights? Pace the free speech skeptics, maybe not. So long as such claims deserve special recognition, and are worth distinguishing by name, this may be enough (Kendrick 2017: 101). Many of the views canvassed above share normative bases with other important rights. For example, Rawls is clear that he thinks all the basic liberties constitute

essential social conditions for the adequate development and full exercise of the two powers of moral personality over a complete life. (Rawls 2005: 293)

The debate, then, is whether such a shared basis is a theoretical virtue (or at least theoretically unproblematic) or whether it is a theoretical vice, as the skeptics avow.

As for the claim that free speech must be robust, protecting harmful speech, “it is not necessary for a free speech right to protect harmful speech in order for it to be called a free speech right” (Kendrick 2017: 102). We do not tend to think that religious liberty must protect harmful religious activities for it to count as a special right. So it would be strange to insist that the right to free speech must meet this burden to count as a special right. Most of the theorists mentioned above take themselves to be offering views that protect quite a lot of harmful speech. Yet we can question whether this feature is a necessary component of their views, or whether we could imagine variations without this result.

3. Justifying Speech Restrictions

When, and why, can restrictions on speech be justified? It is common in public debate on free speech to hear the provocative claim that free speech is absolute . But the plausibility of such a claim depends on what is exactly meant by it. If understood to mean that no communications between humans can ever be restricted, such a view is held by no one in the philosophical debate. When I threaten to kill you unless you hand me your money; when I offer to bribe the security guard to let me access the bank vault; when I disclose insider information that the company in which you’re heavily invested is about to go bust; when I defame you by falsely posting online that you’re a child abuser; when I endanger you by labeling a drug as safe despite its potentially fatal side-effects; when I reveal your whereabouts to assist a murderer intent on killing you—across all these cases, communications may be uncontroversially restricted. But there are different views as to why.

To help organize such views, consider a set of distinctions influentially defended by Schauer (from 1982 onward). The first category involves uncovered speech : speech that does not even presumptively fall within the scope of a principle of free expression. Many of the speech-acts just canvassed, such as the speech involved in making a threat or insider training, plausibly count as uncovered speech. As the U.S. Supreme Court has said of fighting words (e.g., insults calculated to provoke a street fight),

such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. ( Chaplinsky v. New Hampshire 1942)

The general idea here is that some speech simply has negligible—and often no —value as free speech, in light of its utter disconnection from the values that justify free speech in the first place. (For discussion of so-called “low-value speech” in the U.S. context, see Sunstein 1989 and Lakier 2015.) Accordingly, when such low-value speech is harmful, it is particularly easy to justify its curtailment. Hence the Court’s view that “the prevention and punishment of [this speech] have never been thought to raise any Constitutional problem”. For legislation restricting such speech, the U.S. Supreme Court applies a “rational basis” test, which is very easy to meet, as it simply asks whether the law is rationally related to a legitimate state interest. (Note that it is widely held that it would still be impermissible to selectively ban low-value speech on a viewpoint-discriminatory basis—e.g., if a state only banned fighting words from left-wing activists while allowing them from right-wing activists.)

Schauer’s next category concerns speech that is covered but unprotected . This is speech that engages the values that underpin free speech; yet the countervailing harm of the speech justifies its restriction. In such cases, while there is real value in such expression as free speech, that value is outweighed by competing normative concerns (or even, as we will see below, on behalf of the very values that underpin free speech). In U.S. constitutional jurisprudence, this category encompasses those extremely rare cases in which restrictions on political speech pass the “strict scrutiny” test, whereby narrow restrictions on high-value speech can be justified due to the compelling state interests thereby served. Consider Holder v. Humanitarian Law Project 2010, in which the Court held that an NGO’s legal advice to a terrorist organization on how to pursue peaceful legal channels were legitimately criminalized under a counter-terrorism statute. While such speech had value as free speech (at least on one interpretation of this contested ruling), the imperative of counter-terrorism justified its restriction. (Arguably, commercial speech, while sometimes called low-value speech by scholars, falls into the covered but unprotected category. Under U.S. law, legislation restricting it receives “intermediate scrutiny” by courts—requiring restrictions to be narrowly drawn to advance a substantial government interest. Such a test suggests that commercial speech has bona fide free-speech value, making it harder to justify regulations on it than regulations on genuinely low-value speech like fighting words. It simply doesn’t have as much free-speech value as categories like political speech, religious speech, or press speech, all of which trigger the strict scrutiny test when restricted.)

As a philosophical matter, we can reasonably disagree about what speech qualifies as covered but unprotected (and need not treat the verdicts of the U.S. Supreme Court as philosophically decisive). For example, consider politically-inflected hate speech, which advances repugnant ideas about the inferior status of certain groups. One could concur that there is substantial free-speech value in such expression, just because it involves the sincere expression of views about central questions of politics and justice (however misguided the views doubtlessly are). Yet one could nevertheless hold that such speech should not be protected in virtue of the substantial harms to which it can lead. In such cases, the free-speech value is outweighed. Many scholars who defend the permissibility of legal restrictions on hate speech hold such a view (e.g., Parekh 2012; Waldron 2012). (More radically, one could hold that such speech’s value is corrupted by its evil, such that it qualifies as genuinely low-value; Howard 2019a.)

The final category of speech encompasses expression that is covered and protected . To declare that speech is protected just is to conclude that it is immune from restriction. A preponderance of human communications fall into this category. This does not mean that such speech can never be regulated ; content-neutral time, place, and manner regulations (e.g., prohibiting loud nighttime protests) can certainly be justified (G. Stone 1987). But such regulations must not be viewpoint discriminatory; they must apply even-handedly across all forms of protected speech.

Schauer’s taxonomy offers a useful organizing framework for how we should think about different forms of speech. Where does it leave the claim that free speech is absolute? The possibility of speech that is covered but unprotected suggests that free speech should sometimes be restricted on account of rival normative concerns. Of course, one could contend that such a category, while logically possible, is substantively an empty set; such a position would involve some kind of absoluteness about free speech (holding that where free-speech values are engaged by expression, no countervailing values can ever be weighty enough to override them). Such a position would be absolutist in a certain sense while granting the permissibility of restrictions on speech that do not engage the free-speech values. (For a recent critique of Schauer’s framework, arguing that governmental designation of some speech as low-value is incompatible with the very ideal of free speech, see Kramer 2021: 31.)

In what follows, this entry will focus on Schauer’s second category: speech that is covered by a free speech principle, but is nevertheless unprotected because of the harms it causes. How do we determine what speech falls into this category? How, in other words, do we determine the limits of free speech? Unsurprisingly, this is where most of the controversy lies.

Most legal systems that protect free speech recognize that the right has limits. Consider, for example, international human rights law, which emphatically protects the freedom of speech as a fundamental human right while also affirming specific restrictions on certain seriously harmful speech. Article 19 of the International Covenant of Civil and Political Rights declares that “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds”—but then immediately notes that this right “carries with it special duties and responsibilities”. The subsequent ICCPR article proceeds to endorse legal restrictions on “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”, as well as speech constituting “propaganda for war” (ICCPR). While such restrictions would plainly be struck down as unconstitutional affronts to free speech in the U.S., this more restrictive approach prevails in most liberal democracies’ treatment of harmful speech.

Set aside the legal issue for now. How should we think about how to determine the limits of the moral right free speech? Those seeking to justify limits on speech tend to appeal to one of two strategies (Howard and Simpson forthcoming). The first strategy appeals to the importance of balancing free speech against other moral values when they come into conflict. This strategy involves external limits on free speech. (The next strategy, discussed below, invokes free speech itself, or the values that justify it, as limit-setting rationales; it thus involves internal limits on free speech.)

A balancing approach recognizes a moral conflict between unfettered communication and external values. Consider again the case of hate speech, understood as expression that attacks members of socially vulnerable groups as inferior or dangerous. On all of the theories canvassed above, there are grounds for thinking that restrictions on hate speech are prima facie in violation of the moral right to free speech. Banning hate speech to prevent people from hearing ideas that might incline them to bigotry plainly seems to disrespect listener autonomy. Further, even when speakers are expressing prejudiced views, they are still engaging their autonomous faculties. Certainly, they are expressing views on questions of public political concern, even false ones. And as thinkers they are engaged in the communication of sincere testimony to others. On many of the leading theories, the values underpinning free speech seem to be militate against bans on hate speech.

Even so, other values matter. Consider, for example, the value of upholding the equal dignity of all citizens. A central insight of critical race theory is that public expressions of white supremacy, for example, attack and undermine that equal dignity (Matsuda, Lawrence, Delgado, & Crenshaw 1993). On Jeremy Waldron’s view (2012), hate speech is best understood as a form of group defamation, launching spurious attacks on others’ reputations and thereby undermining their standing as respected equals in their own community (relatedly, see Beauharnais v. Illinois 1952).

Countries that ban hate speech, accordingly, are plausibly understood not as opposed to free speech, but as recognizing the importance that it be balanced when conflicting with other values. Such balancing can be understood in different ways. In European human rights law, for example, the relevant idea is that the right to free speech is balanced against other rights ; the relevant task, accordingly, is to specify what counts as a proportionate balance between these rights (see Alexy 2003; J. Greene 2021).

For others, the very idea of balancing rights undermines their deontic character. This alternative framing holds that the balancing occurs before we specify what rights are; on this view, we balance interests against each other, and only once we’ve undertaken that balancing do we proceed to define what our rights protect. As Scanlon puts it,

The only balancing is balancing of interests. Rights are not balanced, but are defined, or redefined, in the light of the balance of interests and of empirical facts about how these interests can best be protected. (2008: 78)

This balancing need not come in the form of some crude consequentialism; otherwise it would be acceptable to limit the rights of the few to secure trivial benefits for the many. On a contractualist moral theory such as Scanlon’s, the test is to assess the strength of any given individual’s reason to engage in (or access) the speech, against the strength of any given individual’s reason to oppose it.

Note that those who engage in balancing need not give up on the idea of viewpoint neutrality; they can accept that, as a general principle, the state should not restrict speech on the grounds that it disapproves of its message and dislikes that others will hear it. The point, instead, is that this commitment is defeasible; it is possible to be overridden.

One final comment is apt. Those who are keen to balance free speech against other values tend to be motivated by the concern that speech can cause harm, either directly or indirectly (on this distinction, see Schauer 1993). But to justify restrictions on speech, it is not sufficient (and perhaps not even necessary) to show that such speech imposes or risks imposing harm. The crucial point is that the speech is wrongful (or, perhaps, wrongfully harmful or risky) , breaching a moral duty that speakers owe to others. Yet very few in the free speech literature think that the mere offensiveness of speech is sufficient to justify restrictions on it. Even Joel Feinberg, who thinks offensiveness can sometimes be grounds for restricting conduct, makes a sweeping exception for

[e]xpressions of opinion, especially about matters of public policy, but also about matters of empirical fact, and about historical, scientific, theological, philosophical, political, and moral questions. (1985: 44)

And in many cases, offensive speech may be actively salutary, as when racists are offended by defenses of racial equality (Waldron 1987). Accordingly, despite how large it looms in public debate, discussion of offensive speech will not play a major role in the discussion here.

We saw that one way to justify limits on free speech is to balance it against other values. On that approach, free speech is externally constrained. A second approach, in contrast, is internally constrained. On this approach, the very values that justify free speech themselves determine its own limits. This is a revisionist approach to free speech since, unlike orthodox thinking, it contends that a commitment to free speech values can counterintuitively support the restriction of speech—a surprising inversion of traditional thinking on the topic (see Howard and Simpson forthcoming). This move—justifying restrictions on speech by appealing to the values that underpin free speech—is now prevalent in the philosophical literature (for an overview, see Barendt 2005: 1ff).

Consider, for example, the claim that free speech is justified by concerns of listener autonomy. On such a view, as we saw above, autonomous citizens have interests in exposure to a wide range of viewpoints, so that they can decide for themselves what to believe. But many have pointed out that this is not autonomous citizens’ only interest; they also have interests in not getting murdered by those incited by incendiary speakers (Amdur 1980). Likewise, insofar as being targeted by hate speech undermines the exercise of one’s autonomous capacities, appeal to the underlying value of autonomy could well support restrictions on such speech (Brison 1998; see also Brink 2001). What’s more, if our interests as listeners in acquiring accurate information is undermined by fraudulent information, then restrictions on such information could well be compatible with our status as autonomous; this was one of the insights that led Scanlon to complicate his theory of free speech (1978).

Or consider the theory that free speech is justified because of its role in enabling autonomous speakers to express themselves. But as Japa Pallikkathayil has argued, some speech can intimidate its audiences into staying silent (as with some hate speech), out of fear for what will happen if they speak up (Pallikkathayil 2020). In principle, then, restrictions on hate speech may serve to support the value of speaker expression, rather than undermine it (see also Langton 2018; Maitra 2009; Maitra & McGowan 2007; and Matsuda 1989: 2337). Indeed, among the most prominent claims in feminist critiques of pornography is precisely that it silences women—not merely through its (perlocutionary) effects in inspiring rape, but more insidiously through its (illocutionary) effects in altering the force of the word “no” (see MacKinnon 1984; Langton 1993; and West 204 [2022]; McGowan 2003 and 2019; cf. Kramer 2021, pp. 160ff).

Now consider democracy theories. On the one hand, democracy theorists are adamant that citizens should be free to discuss any proposals, even the destruction of democracy itself (e.g., Meiklejohn 1948: 65–66). On the other hand, it isn’t obvious why citizens’ duties as democratic citizens could not set a limit to their democratic speech rights (Howard 2019a). The Nazi propagandist Goebbels is said to have remarked:

This will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed. (as quoted in Fox & Nolte 1995: 1)

But it is not clear why this is necessarily so. Why should we insist on a conception of democracy that contains a self-destruct mechanism? Merely stipulating that democracy requires this is not enough (see A. Greene and Simpson 2017).

Finally, consider Shiffrin’s thinker-based theory. Shiffrin’s view is especially well-placed to explain why varieties of harmful communications are protected speech; what the theory values is the sincere transmission of veridical testimony, whereby speakers disclose what they genuinely believe to others, even if what they believe is wrongheaded and dangerous. Yet because the sincere testimony of thinkers is what qualifies some communication for protection, Shiffrin is adamant that lying falls outside the protective ambit of freedom of expression (2014) This, then, sets an internal limit on her own theory (even if she herself disfavors all lies’ outright prohibition for reasons of tolerance). The claim that lying falls outside the protective ambit of free speech is itself a recurrent suggestion in the literature (Strauss 1991: 355; Brown 2023). In an era of rampant disinformation, this internal limit is of substantial practical significance.

Suppose the moral right (or principle) of free speech is limited, as most think, such that not all communications fall within its protective ambit (either for external reasons, internal reasons, or both). Even so, it does not follow that laws banning such unprotected speech can be justified all-things-considered. Further moral tests must be passed before any particular policy restricting speech can be justified. This sub-section focuses on the requirement that speech restrictions be proportionate .

The idea that laws implicating fundamental rights must be proportionate is central in many jurisdictions’ constitutional law, as well as in the international law of human rights. As a representative example, consider the specification of proportionality offered by the Supreme Court of Canada:

First, the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair, or based on irrational considerations. In short, they must be rationally connected to the objective. Second, the means, even if rationally connected to the objective in this first sense, should impair “as little as possible” the right or freedom in question[…] Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of “sufficient importance” ( R v. Oakes 1986).

It is this third element (often called “proportionality stricto sensu ”) on which we will concentrate here; this is the focused sense of proportionality that roughly tracks how the term is used in the philosophical literatures on defensive harm and war, as well as (with some relevant differences) criminal punishment. (The strict scrutiny and intermediate scrutiny tests of U.S. constitutional law are arguably variations of the proportionality test; but set aside this complication for now as it distracts from the core philosophical issues. For relevant legal discussion, see Tsesis 2020.)

Proportionality, in the strict sense, concerns the relation between the costs or harms imposed by some measure and the benefits that the measure is designed to secure. The organizing distinction in recent philosophical literature (albeit largely missing in the literature on free speech) is one between narrow proportionality and wide proportionality . While there are different ways to cut up the terrain between these terms, let us stipulatively define them as follows. An interference is narrowly proportionate just in case the intended target of the interference is liable to bear the costs of that interference. An interference is widely proportionate just in case the collateral costs that the interference unintentionally imposes on others can be justified. (This distinction largely follows the literature in just war theory and the ethics of defensive force; see McMahan 2009.) While the distinction is historically absent from free speech theory, it has powerful payoffs in helping to structure this chaotic debate (as argued in Howard 2019a).

So start with the idea that restrictions on communication must be narrowly proportionate . For a restriction to be narrowly proportionate, those whose communications are restricted must be liable to bear their costs, such that they are not wronged by their imposition. One standard way to be liable to bear certain costs is to have a moral duty to bear them (Tadros 2012). So, for example, if speakers have a moral duty to refrain from libel, hate speech, or some other form of harmful speech, they are liable to bear at least some costs involved in the enforcement of that duty. Those costs cannot be unlimited; a policy of executing hate speakers could not plausibly be justified. Typically, in both defensive and punitive contexts, wrongdoers’ liability is determined by their culpability, the severity of their wrong, or some combination of the two. While it is difficult to say in the abstract what the precise maximal cost ceiling is for any given restriction, as it depends hugely on the details, the point is simply that there is some ceiling above which a speech restriction (like any restriction) imposes unacceptably high costs, even on wrongdoers.

Second, for a speech restriction to be justified, we must also show that it would be widely proportionate . Suppose a speaker is liable to bear the costs of some policy restricting her communication, such that she is not wronged by its imposition. It may be that the collateral costs of such a policy would render it unacceptable. One set of costs is chilling effects , the “overdeterrence of benign conduct that occurs incidentally to a law’s legitimate purpose or scope” (Kendrick 2013: 1649). The core idea is that laws targeting unprotected, legitimately proscribed expression may nevertheless end up having a deleterious impact on protected expression. This is because laws are often vague, overbroad, and in any case are likely to be misapplied by fallible officials (Schauer 1978: 699).

Note that if a speech restriction produces chilling effects, it does not follow that the restriction should not exist at all. Rather, concern about chilling effects instead suggests that speech restrictions should be under-inclusive—restricting less speech than is actually harmful—in order to create “breathing space”, or “a buffer zone of strategic protection” (Schauer 1978: 710) for legitimate expression and so reduce unwanted self-censorship. For example, some have argued that even though speech can cause harm recklessly or negligently, we should insist on specific intent as the mens rea of speech crimes in order to reduce any chilling effects that could follow (Alexander 1995: 21–128; Schauer 1978: 707; cf. Kendrick 2013).

But chilling effects are not the only sort of collateral effects to which speech restrictions could lead. Earlier we noted the risk that states might abuse their censorial powers. This, too, could militate in favor of underinclusive speech restrictions. Or the implication could be more radical. Consider the problem that it is difficult to author restrictions on hate speech in a tightly specified way; the language involved is open-ended in a manner that enables states to exercise considerable judgment in deciding what speech-acts, in fact, count as violations (see Strossen 2018). Given the danger that the state will misuse or abuse these laws to punish legitimate speech, some might think this renders their enactment widely disproportionate. Indeed, even if the law were well-crafted and would be judiciously applied by current officials, the point is that those in the future may not be so trustworthy.

Those inclined to accept such a position might simply draw the conclusion that legislatures ought to refrain from enacting laws against hate speech. A more radical conclusion is that the legal right to free speech ought to be specified so that hate speech is constitutionally protected. In other words, we ought to give speakers a legal right to violate their moral duties, since enforcing those moral duties through law is simply too risky. By appealing to this logic, it is conceivable that the First Amendment position on hate speech could be justified all-things-considered—not because the underlying moral right to free speech protects hate speech, but because hate speech must be protected for instrumental reasons of preventing future abuses of power (Howard 2019a).

Suppose certain restrictions on harmful speech can be justified as proportionate, in both the narrow and wide senses. This is still not sufficient to justify them all-things-considered. Additionally, they must be justified as necessary . (Note that some conceptions of proportionality in human rights law encompass the necessity requirement, but this entry follows the prevailing philosophical convention by treating them as distinct.)

Why might restrictions on harmful speech be unnecessary? One of the standard claims in the free speech literature is that we should respond to harmful speech not by banning it, but by arguing back against it. Counter-speech—not censorship—is the appropriate solution. This line of reasoning is old. As John Milton put it in 1644: “Let [Truth] and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?” The insistence on counter-speech as the remedy for harmful speech is similarly found, as noted above, throughout chapter 2 of Mill’s On Liberty .

For many scholars, this line of reply is justified by the fact that they think the harmful speech in question is protected by the moral right to free speech. For such scholars, counter-speech is the right response because censorship is morally off the table. For other scholars, the recourse to counter-speech has a plausible distinct rationale (although it is seldom articulated): its possibility renders legal restrictions unnecessary. And because it is objectionable to use gratuitous coercion, legal restrictions are therefore impermissible (Howard 2019a). Such a view could plausibly justify Mill’s aforementioned analysis in the corn dealer example, whereby censorship is permissible but only when there’s no time for counter-speech—a view that is also endorsed by the U.S. Supreme Court in Brandenburg v. Ohio 395 U.S. 444 (1969).

Whether this argument succeeds depends upon a wide range of further assumptions—about the comparable effectiveness of counter-speech relative to law; about the burdens that counter-speech imposes on prospective counter-speakers. Supposing that the argument succeeds, it invites a range of further normative questions about the ethics of counter-speech. For example, it is important who has the duty to engage in counter-speech, who its intended audience is, and what specific forms the counter-speech ought to take—especially in order to maximize its persuasive effectiveness (Brettschneider 2012; Cepollaro, Lepoutre, & Simpson 2023; Howard 2021b; Lepoutre 2021; Badano & Nuti 2017). It is also important to ask questions about the moral limits of counter-speech. For example, insofar as publicly shaming wrongful speakers has become a prominent form of counter-speech, it is crucial to interrogate its permissibility (e.g., Billingham and Parr 2020).

This final section canvasses the young philosophical debate concerning freedom of speech on the internet. With some important exceptions (e.g., Barendt 2005: 451ff), this issue has only recently accelerated (for an excellent edited collection, see Brison & Gelber 2019). There are many normative questions to be asked about the moral rights and obligations of internet platforms. Here are three. First, do internet platforms have moral duties to respect the free speech of their users? Second, do internet platforms have moral duties to restrict (or at least refrain from amplifying) harmful speech posted by their users? And finally, if platforms do indeed have moral duties to restrict harmful speech, should those duties be legally enforced?

The reference to internet platforms , is a deliberate focus on large-scale social media platforms, through which people can discover and publicly share user-generated content. We set aside other entities such as search engines (Whitney & Simpson 2019), important though they are. That is simply because the central political controversies, on which philosophical input is most urgent, concern the large social-media platforms.

Consider the question of whether internet platforms have moral duties to respect the free speech of their users. One dominant view in the public discourse holds that the answer is no . On this view, platforms are private entities, and as such enjoy the prerogative to host whatever speech they like. This would arguably be a function of them having free speech rights themselves. Just as the free speech rights of the New York Times give it the authority to publish whatever op-eds it sees fit, the free speech rights of platforms give them the authority to exercise editorial or curatorial judgment about what speech to allow. On this view, if Facebook were to decide to become a Buddhist forum, amplifying the speech of Buddhist users and promoting Buddhist perspectives and ideas, and banning speech promoting other religions, it would be entirely within its moral (and thus proper legal) rights to do so. So, too, if it were to decide to become an atheist forum.

A radical alternative view holds that internet platforms constitute a public forum , a term of art from U.S. free speech jurisprudence used to designate spaces “designed for and dedicated to expressive activities” ( Southeastern Promotions Ltd., v. Conrad 1975). As Kramer has argued:

social-media platforms such as Facebook and Twitter and YouTube have become public fora. Although the companies that create and run those platforms are not morally obligated to sustain them in existence at all, the role of controlling a public forum morally obligates each such company to comply with the principle of freedom of expression while performing that role. No constraints that deviate from the kinds of neutrality required under that principle are morally legitimate. (Kramer 2021: 58–59)

On this demanding view, platforms’ duties to respect speech are (roughly) identical to the duties of states. Accordingly, if efforts by the state to restrict hate speech, pornography, and public health misinformation (for example) are objectionable affronts to free speech, so too are platforms’ content moderation rules for such content. A more moderate view does not hold that platforms are public forums as such, but holds that government channels or pages qualify as public forums (the claim at issue in Knight First Amendment Institute v. Trump (2019).)

Even if we deny that platforms constitute public forums, it is plausible that they engage in a governance function of some kind (Klonick 2018). As Jack Balkin has argued, the traditional model of free speech, which sees it as a relation between speakers and the state, is today plausibly supplanted by a triadic model, involving a more complex relation between speakers, governments, and intermediaries (2004, 2009, 2018, 2021). If platforms do indeed have some kind of governance function, it may well trigger responsibilities for transparency and accountability (as with new legislation such as the EU’s Digital Services Act and the UK’s Online Safety Act).

Second, consider the question of whether platforms have a duty to remove harmful content posted by users. Even those who regard them as public forums could agree that platforms may have a moral responsibility to remove illegal unprotected speech. Yet a dominant view in the public debate has historically defended platforms’ place as mere conduits for others’ speech. This is the current position under U.S. law (as with 47 U.S. Code §230), which broadly exempts platforms from liability for much illegal speech, such as defamation. On this view, we should view platforms as akin to bulletin boards: blame whoever posts wrongful content, but don’t hold the owner of the board responsible.

This view is under strain. Even under current U.S. law, platforms are liable for removing some content, such as child sexual abuse material and copyright infringements, suggesting that it is appropriate to demand some accountability for the wrongful content posted by others. An increasing body of philosophical work explores the idea that platforms are indeed morally responsible for removing extreme content. For example, some have argued that platforms have a special responsibility to prevent the radicalization that occurs on their networks, given the ways in which extreme content is amplified to susceptible users (Barnes 2022). Without engaging in moderation (i.e., removal) of harmful content, platforms are plausibly complicit with the wrongful harms perpetrated by users (Howard forthcoming).

Yet it remains an open question what a responsible content moderation policy ought to involve. Many are tempted by a juridical model, whereby platforms remove speech in accordance with clearly announced rules, with user appeals mechanisms in place for individual speech decisions to ensure they are correctly made (critiqued in Douek 2022b). Yet platforms have billions of users and remove millions of pieces of content per week. Accordingly, perfection is not possible. Moving quickly to remove harmful content during a crisis—e.g., Covid misinformation—will inevitably increase the number of false positives (i.e., legitimate speech taken down as collateral damage). It is plausible that the individualistic model of speech decisions adopted by courts is decidedly implausible to help us govern online content moderation; as noted in Douek 2021 and 2022a, what is needed is analysis of how the overall system should operate at scale, with a focus on achieving proportionality between benefits and costs. Alternatively, one might double down and insist that the juridical model is appropriate, given the normative significance of speech. And if it is infeasible for social-media companies to meet its demands given their size, then all the worse for social-media companies. On this view, it is they who must bend to meet the moral demands of free speech theory, not the other way around.

Substantial philosophical work needs to be done to deliver on this goal. The work is complicated by the fact that artificial intelligence (AI) is central to the processes of content moderation; human moderators, themselves subjected to terrible working conditions at long hours, work in conjunction with machine learning tools to identify and remove content that platforms have restricted. Yet AI systems notoriously are as biased as their training data. Further, their “black box” decisions are cryptic and cannot be easily understood. Given that countless speech decisions will necessarily be made without human involvement, it is right to ask whether it is reasonable to expect users to accept the deliverances of machines (e.g., see Vredenburgh 2022; Lazar forthcoming a). Note that machine intelligence is used not merely for content moderation, narrowly understood as the enforcement of rules about what speech is allowed. It is also deployed for the broader practice of content curation, determining what speech gets amplified — raising the question of what normative principles should govern such amplification; see Lazar forthcoming b).

Finally, there is the question of legal enforcement. Showing that platforms have the moral responsibility to engage in content moderation is necessary to justifying its codification into a legal responsibility. Yet it is not sufficient; one could accept that platforms have moral duties to moderate (some) harmful speech while also denying that those moral duties ought to be legally enforced. A strong, noninstrumental version of such a view would hold that while speakers have moral duties to refrain from wrongful speech, and platforms have duties not to platform or amplify it, the coercive enforcement of such duties would violate the moral right to freedom of expression. A more contingent, instrumental version of the view would hold that legal enforcement is not in principle impermissible; but in practice, it is simply too risky to grant the state the authority to enforce platforms’ and speakers’ moral duties, given the potential for abuse and overreach.

Liberals who champion the orthodox interpretation of the First Amendment, yet insist on robust content moderation, likely hold one or both of these views. Yet globally such views seem to be in the minority. Serious legislation is imminent that will subject social-media companies to burdensome regulation, in the form of such laws as the Digital Services Act in the European Union and the Online Safety Bill in the UK. Normatively evaluating such legislation is a pressing task. So, too, is the task of designing normative theories to guide the design of content moderation systems, and the wider governance of the digital public sphere. On both fronts, political philosophers should get back to work.

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  • –––, 1993, Democracy and the Problem of Free Speech , New York: The Free Press.
  • –––, 2017, #Republic: Divided Democracy in the Age of Social Media , Princeton, NJ: Princeton University Press.
  • Tadros, Victor, 2012, “Duty and Liability”, Utilitas , 24(2): 259–277.
  • Turner, Piers Norris, 2014, “‘Harm’ and Mill’s Harm Principle”, Ethics , 124(2): 299–326. doi:10.1086/673436
  • Tushnet, Mark, Alan Chen, and Joseph Blocher, 2017, Free Speech beyond Words: The Surprising Reach of the First Amendment , New York: New York University Press.
  • Volokh, Eugene, 2011, “In Defense of the Marketplace of Ideas/Search for Truth as a Theory of Free Speech Protection Responses”, Virginia Law Review , 97(3): 595–602.
  • Vredenburgh, Kate, 2022, “The Right to Explanation”, Journal of Political Philosophy , 30(2): 209–229. doi:10.1111/jopp.12262
  • Waldron, Jeremy, 1987, “Mill and the Value of Moral Distress”, Political Studies , 35(3): 410–423. doi:10.1111/j.1467-9248.1987.tb00197.x
  • –––, 2012, The Harm in Hate Speech (The Oliver Wendell Holmes Lectures, 2009), Cambridge, MA: Harvard University Press.
  • Weinstein, James, 2011, “Participatory Democracy as the Central Value of American Free Speech Doctrine”, Virginia Law Review , 97(3): 491–514.
  • West Virginia State Board of Education v. Barnette 319 U.S. 624 (1943).
  • Whitten, Suzanne, 2022, A Republican Theory of Free Speech: Critical Civility , Cham: Palgrave Macmillan. doi:10.1007/978-3-030-78631-1
  • Whitney, Heather M. and Robert Mark Simpson, 2019, “Search Engines and Free Speech Coverage”, in Free Speech in the Digital Age , Susan J. Brison and Katharine Gelber (eds), Oxford: Oxford University Press, 33–51 (ch. 2). doi:10.1093/oso/9780190883591.003.0003
  • West, Caroline, 2004 [2022], “Pornography and Censorship”, The Stanford Encyclopedia of Philosophy (Winter 2022 edition), Edward N. Zalta and Uri Nodelman (eds.), URL = < https://plato.stanford.edu/archives/win2022/entries/pornography-censorship/ >.
How to cite this entry . Preview the PDF version of this entry at the Friends of the SEP Society . Look up topics and thinkers related to this entry at the Internet Philosophy Ontology Project (InPhO). Enhanced bibliography for this entry at PhilPapers , with links to its database.
  • International Covenant on Civil and Political Rights (ICCPR) , adopted: 16 December 1966; Entry into force: 23 March 1976.
  • Free Speech Debate
  • Knight First Amendment Institute at Columbia University
  • van Mill, David, “Freedom of Speech”, Stanford Encyclopedia of Philosophy (Winter 2023 Edition), Edward N. Zalta & Uri Nodelman (eds.), URL = < https://plato.stanford.edu/archives/win2023/entries/freedom-speech/ >. [This was the previous entry on this topic in the Stanford Encyclopedia of Philosophy – see the version history .]

ethics: search engines and | hate speech | legal rights | liberalism | Mill, John Stuart | Mill, John Stuart: moral and political philosophy | pornography: and censorship | rights | social networking and ethics | toleration

Acknowledgments

I am grateful to the editors and anonymous referees of this Encyclopedia for helpful feedback. I am greatly indebted to Robert Mark Simpson for many incisive suggestions, which substantially improved the entry. This entry was written while on a fellowship funded by UK Research & Innovation (grant reference MR/V025600/1); I am thankful to UKRI for the support.

Copyright © 2024 by Jeffrey W. Howard < jeffrey . howard @ ucl . ac . uk >

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Essay Samples on Freedom

Why is freedom of religion important.

Freedom of religion stands as one of the fundamental pillars of a democratic and pluralistic society. It safeguards an individual's right to practice their chosen faith without fear of discrimination or persecution. This essay delves into the resons why freedom of religion is important, exploring...

  • Religious Tolerance

What Is the Meaning of Freedom: the Price We Pay

The concept of freedom has transcended time and culture, serving as a cornerstone of human aspirations and societal progress. But what is the true meaning of freedom, and what price do we pay to attain and preserve it? This essay will delve into the multifaceted...

What Does Freedom Mean to Me: a Privilege and a Responsibility

Freedom, a concept deeply embedded in the fabric of human history, has been sought, fought for, and cherished by individuals and societies alike. But what does freedom truly mean to me? In this essay, I will delve into my personal understanding and interpretation of freedom,...

How Has Freedom Changed Over Time: A Dynamic Journey

How has freedom changed over time? Throughout history, the concept of freedom has undergone profound transformations, shaped by the evolving sociopolitical, cultural, and technological landscapes. As societies progress, the understanding and pursuit of freedom have adapted to new contexts and challenges. In this essay, we...

Balance Between Freedom And Equality

We hear a lot of people talking about “Freedom and Equality”...but do we really know the real meaning? Freedom and Equality are two fundamental values in a society and they have helped to construct the society known today. Without them, the nation would discriminate unfairly...

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Considering Religious Beliefs And Freedom Of Expression

Whether you believe in something or not, the idea of religion has probably crossed your mind. Some people see it as a way to make sense of the world around us and some see it as way of life. the idea that a higher power,...

  • Religious Beliefs

Differences between the Patterson's, Foner's, and King's interpretations of Freedom

Patterson gives three different interpretations of freedom. His first interpretation is about personal freedom. He interprets this freedom as the ability of an individual to do as they please within their limits. His second interpretation is sovereign. Like a sovereign nation, a free person can...

  • African American
  • Interpretation

Literary Analysis and Review of Annie Dillard's "Living Like Weasels"

I traveled to Hollins pond not to wonder at life, but to further myself from it. Yet I can learn from a weasel how to live life. Weasels survive in mindlessness, a pure and dignified way of living, unlike the bias and ulterior motives that...

  • Annie Dillard

Life Without Principle: The Isolation of Oneself in One's World

In Henry David Thoreau's 'Life Without Principle “ the author talks about how we are isolating ourselves from society and how we should live in our own world and not be going towards society. I do agree with Thoreau’s main idea with the passage because...

  • Life Without Principle

Annie Dillard's and Alexander Theroux' Analysis of Freedom

Although the essays “Living like Weasels” Annie Dillard and “Black” by Alexander Theroux tackle two different subjects, they both use similar strategies in order to get their points across to the reader. Dillard uses the Weasels feral nature to analyze freedom. Meanwhile Theroux uses the...

The Battle for Individual Freedom and Autonomy in Amistad

On August 26, 1839, US Navy brig Washington discovered a schooner at Long Island, New York. Unlike conventional merchant ships that carried cargos, this Spanish vessel named La Amistad was severely damaged and came ashore with two Spaniards under the control of forty-four Africans. The...

Mental Slavery: Achieving Mental Freedom

We may consider mental slavery as a psychological disease. Many kinds of illusions, abusive fantasies, frustrating discouragement, etc. create a complex gland of self-mortification in the mind area. These glands become very powerful over time. Then these responses go on various activities of day-to-day activities....

  • Mental Slavery

"Survival in Auschwitz": How Suffering Leads to Freedom

Introduction In Primo Levi's memoir, "Survival in Auschwitz," he vividly recounts his harrowing experiences as a prisoner in the Auschwitz concentration camp during World War II. Amidst the unimaginable suffering and dehumanization, Levi explores the paradoxical concept of how enduring immense pain and suffering can...

  • Survival in Auschwitz

The Symbolism of Horses in "All the Pretty Horses"

Freedom can be interpreted into various of meanings. To have freedom is to live in the moment, without regretting the past or anticipating the future. To have freedom can also mean to be in the state of not being subject to or affected by undesirable...

  • All The Pretty Horses

How Hope Leads to Freedom and Success

For any novels to truly connect with the readers the author needs to pay close attention to character development. It’s the human element that is going to resonate with people.A great character is more than just an iconic name it’s the process of creating a...

Chris McCandless: Heroic Adventurer or Naive Risk-taker

Chris McCandless, a young adventurer who left his privileged life behind to embark on a journey into the Alaskan wilderness, has been the subject of much debate. Was he a hero, a brave individual who sought a higher purpose, or a fool who recklessly put...

  • Chris Mccandless
  • Into The Wild

Impact of the Totalitarian Regime on Society In 'A Clockwork Orange'

Society has established that the validation of choice further progresses the people of a country as a nation of the people. It becomes the idea that individual choice is liberty as it serves as the catalysts that structure the basis of democracy which idealizes the...

  • A Clockwork Orange

The Impacts of Social Conditioning on the Individual Freedom

40% of food worldwide is thrown away because of fear of expiration dates. People gravitate towards the idea that nurses are mostly women or that money buys happiness. All these misconceptions and gender stereotypes in today’s society occur because of the impact of social conditioning....

  • Individual Identity

Mill's Opinion on Freedom of Expression and Individual Liberty

One of the most important liberties in a free society would be freedom of opinion and freedom of expression. Some extreme freedom of speech absolutists would argue that all sorts of opinions should be given the right to be expressed. These opinions may include hate...

  • John Stuart Mill

Challenging Kant's Moral Theory of Freedom and Liberty

In his 1793 essay ‘On the common saying: “This may be true in theory, but it does not apply in practice” Kant outlies his view of the relation between morality and liberty and the role freedom plays within both these concepts. This essay will examine...

  • Immanuel Kant

The Challenges of Immigration and Freedom in Charlie Chaplin's Work

Everyone has heard of Charlie Chaplin once in their lives. There’s no way one hasn’t seen at least a clip from one of his many films or come across a work inspired by him throughout the decades. The character Chaplin created, The Tramp, has made...

  • Charlie Chaplin

Wester Concept of Freedom, UDHR and Islam

In 1948, United Nations General Assembly adopted a document Universal Declaration of Human Rights (UDHR). It was drafted by representatives who came from different cultures & had legal expertise. This states fundamental human rights which all individuals as citizens of the world should be entitled...

The Concept of Freedom in the Modern Technological World

The concept of freedom is always changing and is often open to interpretation. In today’s society, humans are generally born free with equal dignity and rights. Depending on the society one is born into, their interpretation of who really has freedom can change. In Aldous...

  • Modern Technology

The Healthy Viewpoint on the Concept of American Freedom

America is the freest nation in the world. A lot of people dream of getting into this country and have the same opportunities that Americans have. In other words, opportunities mean freedom, freedom of choice. The concept of freedom, as the right of choice, originated...

  • American Culture

The Call of the Wild: A Struggle for Freedom

‘The Call of the Wild’ is a book by Jack London that is set in the midst of the gold discovery that influenced large masses of people to travel into Canada's regions hunting for gold. The narration follows Bucks story in his journey as a...

  • Call of The Wild

The Role of Fate and Free Will in Sophocles' Play "Antigone"

Fate is the idea that everything is destined to happen or turn out in a particular way and it is an important part of many tragedies. The lives of the characters have a set ending in their lives and some are able to recognize their...

Malalathe: A Courageous Fighter for Freedom

Freedom is one of the most basic human urge from the moment of their birth. Freedom is one thing that characterizes the essence and existence of the man (Hor Victorson, 2018). Every individual has their own meaning for freedom. In depth to philosophy,” freedom seems...

Nelson Mandela's Journey to Justice, Reconciliation, and Hope

Long Walk to Freedom: The Autobiography of Nelson Mandela is a compelling account of one of the greatest political leaders of the 20th century. Mandela's memoir tells the story of his life, from his childhood in a rural village to his imprisonment for 27 years,...

  • Nelson Mandela

Ralph Waldo Emerson and His Belief in the Freedom of an Individual

Over the course of a lifetime, many human beings are faced with challenges that shape them and opportunities to shape others. Ralph Waldo Emerson is a man who experienced much tragedy, including the premature death of many close family members beginning early in his childhood....

  • Personal Beliefs
  • Ralph Waldo Emerson

Thoreau's Ideas of Transcendentalism Expressed in His Works

Transcendentalism is the movement that emphasizes transcendence from the ordinary limits of thoughts and experiences and acknowledges the new outlook in self-reliance. The movement originated in America in the 19th century after the independence of America from the British gave people a different perspective to...

  • Transcendentalism

Symbols of Freedom in the Movie "Shawshank Redemption"

Seen as a movie or literary theme, the right of Freedom is most of the time felt through the adventures of a person who is wrongfully accused and confined. Putting side by side two things like the right every human being is entitled to have,...

  • Shawshank Redemption

The Theme of Freedom in the Novel "Purple Hibiscus"

Art classes taught at an early age teach the little learners about the color wheel and mixing colors; when the calming color of blue is mixed with the bold energy of red, a new color called purple is produced. It comes as no surprise that...

  • Purple Hibiscus

"Jealous Husband Returns in Form as a Parrot": Search for Freedom

I am analyzing the story called “Jealous Husband Returns in Form of Parrot.” It was written by Robert Olen Butler, and first published in the New Yorker on May 22, 1995. It eventually became a part of his book “Tabloid Dreams” that was published by...

  • Short Story

The Power of Freedom in "A Wall of Fire Rising"

Freedom is described to be the power to act however we want. In our lives, we are granted a certain degree of freedom. It is something that we have overused through time and have taken it for granted. In other places, however, the right to...

  • A Wall of Fire Rising

The Misery of Pointless Dreams in A Wall of Fire Rising

I love watching phenomena in little kids that they feel like they need a certain toy or the universe will explode. Their whole world revolves around that one thing. But, once they get that toy, it’s no longer fun to them. Their joy fades away,...

Milton Friedman's Capitalism and Freedom: Questioning Socialism

Capitalism and Freedom by Milton Friedman battles against the effects of capitalism and to justify the government intervention in the market. The link between democracy and capitalism, or governmental and economic freedom. Friedman asserts his argument around the relation between the economic freedom and governmental...

The Idea of Freedom in Women's Suffrage

Freedom: having the power to think, speak, and act in any way without control or constriction. Throughout history, women fought to be seen as individuals and to be able to advocate for the things they believed in. The women of this time were unfairly treated...

  • Women's Suffrage

Autobiograpical Tale of Finding Freedom in Narrative of the Life of Frederick Douglass

Frederick Douglass describes the institution of slavery as an institution that dehumanizes people and hardens them through the hardships they go through, such as humiliation, pain, and brutality. He states that 'I was seldom whipped by my former master, and suffering everything little more than...

  • Narrative of The Life of Frederick Douglass

Mahatma Gandhi and Nelson Mandela: Pioneers in the Fight for Freedom

Mahatma Gandhi was the pioneer who joined India in the battle for its freedom. His peacefulness strategies shook the British and maybe, even the world. A portion of the developments that he started amid freedom wereGandhi's first real accomplishments came in 1918 with the Champaran...

  • Mahatma Gandhi

A Doll's House: Discussion about Women's Freedom

A Doll’s House by Henrik Ibsen was written as a result of the rules and conventions obtained by the Northern European Society. In this novel, he proposed that the society was controlled in a restricted manner and was extremely unfair. Although the social context may...

  • A Doll's House
  • Gender Equality

Is Our Obsession With Happiness Making Us Miserable?

Coming from a family tree brimming with cases of depression, I developed a fixation with the concept of happiness, or rather the lack of it, at a very young age. My worrisome mother, having been one of those cases, encouraged me to spend a great...

Immanuel Kant’s Essay “What Is Enlightenment” Is Not Longer Relevant To Modern World

Freedom. It is more than a George Michel’s song. It actually means different things for different people. But at its core, freedom is “the power or right to act, speak or think what one wants”. For Immanuel Kant freedom from the guardians is the primary...

Understanding The Meaning Of Leisure

Over centuries, the meaning of leisure has changed drastically due to the always developing societies and their norms and cultures. In other words, everyone has a different understanding of what leisure means for them. One can look at it from many perspectives which makes the...

Does Don Giovanni Suffered In Any Way?

For any given object, the idea is held that essence precedes existence; a chair created for comfort, a fork for ease in eating, a bulb for illumination, etcetera. Sartre presents the idea that existence precedes essence; we are born and thrown into the world with...

  • Philosophy of Life

History Of Monasticism In World Religions

Monasticism is the lifestyle that was created by monks and nuns. This kind of lifestyle is when a person decides to seclude themselves and devote their life and time to their religion. This is important to realize because this kind of lifestyle has been around...

How Do The Writers Present Freedom?

The theme of freedom is prevalent throughout both of the texts via self finding journeys, love, education and independence. Ali smiths 2007 novel concentrates on the journey an individual must take to reach personal freedom and how our experiences polish us but do not determine...

  • Reading Books

My Definition Of Freedom In My Life

Freedom as a concept is defined in many declarations around the world as a right to freely and safely express one's beliefs and religion. My definition of freedom is my life story. Section One, Chapter 2, Article 29, The Constitution of The Russian Federation: “Everyone...

Inherit the Wind: Drummond as a Figure Fighting for Freedom of Speech

Freedom of thought is an intangible phenomenon that humanity craves. Some may say it is essential to life, but what if we did not have the right to think? Published in 1955, Inherit the Wind is considered a documentary characterizing many historical elements. It examined...

The Problems With School Curriculums And Scheduling System

Teachers are not the problem here, a great teacher can inspire a kid and bring out the best inside them and they can help them when they need it the most and that is truly immeasurable. School curriculums are made by curriculum makers who never...

  • School Curriculums

Symbolism As An Important Tool In Literature

Freedom and Rebellion Symbolism is an important tool in literature that allows authors to unveil the truth in a subtle way. Mark Twain and Kate Chopin effectively use this method in their stories to expose the harsh realities that the characters faced. Twain uses multiple...

  • Literature Review

Best topics on Freedom

1. Why Is Freedom of Religion Important

2. What Is the Meaning of Freedom: the Price We Pay

3. What Does Freedom Mean to Me: a Privilege and a Responsibility

4. How Has Freedom Changed Over Time: A Dynamic Journey

5. Balance Between Freedom And Equality

6. Considering Religious Beliefs And Freedom Of Expression

7. Differences between the Patterson’s, Foner’s, and King’s interpretations of Freedom

8. Literary Analysis and Review of Annie Dillard’s “Living Like Weasels”

9. Life Without Principle: The Isolation of Oneself in One’s World

10. Annie Dillard’s and Alexander Theroux’ Analysis of Freedom

11. The Battle for Individual Freedom and Autonomy in Amistad

12. Mental Slavery: Achieving Mental Freedom

13. “Survival in Auschwitz”: How Suffering Leads to Freedom

14. The Symbolism of Horses in “All the Pretty Horses”

15. How Hope Leads to Freedom and Success

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Home / Essay Samples / Philosophy / Free Will / The Essence of True Freedom

The Essence of True Freedom

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