Critiques of the pursuit of truth as a justificatory theory of free speech

Hassan, Twana A. (2015) Critiques of the pursuit of truth as a justificatory theory of free speech. International Journal of Human Rights and Constitutional Studies, 3 2: 171-180. doi:10.1504/IJHRCS.2015.070610


Author Hassan, Twana A.
Title Critiques of the pursuit of truth as a justificatory theory of free speech
Journal name International Journal of Human Rights and Constitutional Studies   Check publisher's open access policy
ISSN 2050-1048
2050-103X
Publication date 2015
Sub-type Article (original research)
DOI 10.1504/IJHRCS.2015.070610
Open Access Status Not Open Access
Volume 3
Issue 2
Start page 171
End page 180
Total pages 10
Place of publication Olney, Bucks, United Kingdom
Publisher Inderscience Publishers
Collection year 2016
Language eng
Abstract The justificatory theory of the pursuit of truth claims that free speech should be protected despite its potential harmful consequences because it facilitates the marketplace of ideas for pursuing truth. This article is a critical examination of this theory. It finds that: 1) the theory does not distinguish between the apparent utility of free speech and the intrinsic value of free speech as a form of freedom; 2) it does not consider free speech as an end in itself. By considering free speech as a means, it implies that whatever external utility justifies the protection of free speech can also justify its restriction; 3) the theory is partially based on an illusionary marketplace of ideas without realising the potential deficiency, inefficiency, and inequality in expressive opportunities in any possible marketplace of ideas. Therefore, the theory cannot provide a coherent framework for both the justification and the limit of free speech.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2016 Collection
TC Beirne School of Law Publications
 
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Created: Wed, 03 Feb 2016, 12:13:23 EST by Carmen Buttery on behalf of T.C. Beirne School of Law