Speech, Freedom of

Abstract

Freedom of speech is a legal right that protects speech against unwarranted state regulation ( see Rights). It involves a presumption against the regulation of speech that makes it more difficult (but not impossible) for the state to regulate speech. The idea here is that because speech is so valuable, there have to be especially compelling reasons to regulate it. Consequently, it takes more to justify the regulation of speech than it does to regulate non‐speech. In this way, a principle of free speech extends special protections to speech that make it more difficult to regulate. Suppose, for example, that a government were to prohibit any criticism of the president. Such a prohibition would be unacceptable in any state committed to a principle of free speech. This is because being able to say what one thinks is valuable and unjustified restrictions on (political) speech are harmful ( see Harm). For this reason, a principle of free speech protects speech against regulations of this sort.