• July to September 2025 Article ID: NSS9380 Impact Factor:8.05 Cite Score:85 Download: 11 DOI: https://doi.org/ View PDf

    Freedom of Speech and Expression: An Overview of the Main Theories

      Mr. Anadi Silawat
        Research Scholar (Law) Devi Ahilya Vishwavidyalaya, Indore (M.P.)

Abstract: This paper provides a conceptual, philosophical, and legal analysis of free speech, a fundamental tenet of democratic society. We argue that a purely conceptual definition of free speech is insufficient, as it fails to account for expressive actions for example- silent protest , and the complex overlap between behavioral and communicative acts. The work first establishes a crucial distinction between the inherent moral right to free speech and its often-imperfect implementation as a legal right, highlighting the ongoing tension between what the law is and what it should be.

The core of the analysis explores the competing philosophical justifications for free speech. We examine the listener-centric autonomy framework, which posits that the primary harm of censorship falls on the citizen's right to receive information and think critically. This is contrasted with the speaker autonomy model, which views expression as essential for personal maturation, self-authorship, and the development of one's deliberative interests. Both approaches are critically assessed alongside their instrumental value for the marketplace of ideas and the functioning of a deliberative democracy.

 Furthermore, the paper investigates theories of tolerance that see free speech as a mechanism for cultivating social self-restraint and a robust civic ethic. Finally, we explore the thinker-based theory, which unifies the interests of speaker and listener by framing free speech as essential for the development of individual moral agency and rational thought. Ultimately, the paper concludes that the legal protection of free speech is a complex, pragmatic compromisea perpetual negotiation balancing the need for open discourse against the state's duty to protect the dignity and safety of its citizens, fundamentally rooted in a suspicion of unchecked state power.                                          

Keywords: Freedom Of Expression, Freedom Of Communication, Free Speech, Hate Speech, Impartial Observer, Autonomy,  Democracy, Tolerance.