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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.
