J.S. Mill's Boundaries of Freedom of Expression: A Critique

What is it about?

The essay opens with some background information about the period in which JS Mill wrote. The discussion revolves around the concept of blasphemy which Mill considered to be highly problematic. Tagging unpopular views as “blasphemous” amounted to abuse of governmental powers and infringed on the basic liberties of the out-of-favour speakers. The discussion on blasphemy sets the scene to the understanding of Mill’s concerns, his priorities and consequently his emphasis on the widest possible liberty of expression. Section II presents the Millian principles that are pertinent to his philosophy of free speech: liberty and truth. Section III analyzes Mill’s very limited boundaries to freedom of expression, asserting that the consequentialist reasoning had led Mill to ignore present tangible harm. It is argued that democracy is required to develop protective mechanisms against harm-facilitating speech.

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Why is it important?

The Millian consequential reasoning on the exclusion of incitement from the Free Speech Principle was adopted by philosophers, political scientists and the courts across the democratic world. Mill had made strong contribution to making consequentialism fashionable. He has helped to form one of the most important theories in the history of moral philosophy. Indeed, Mill’s views on freedom of expression have granted him a place among the forefathers of liberal ideology.

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