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ATS3345 2015 Lecture 6.pptx - S C I H T E 15 N 20 O I T AW...

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COMMUNICATION ETHICSPOLICY AND LAW 2015W E E K5 – T H E A R G U M E N T F O R F R E E D O MO F E X P R E S S I O N F R O MD E M O C R A C Y , A N D T H E P U B L I C S P H E R E
PUBLIC PROTESTS OVER ‘RECLAIMAUSTRALIA’-rallies-face-tolerance-groups/637072
IN THIS LECTURE1. Critique of the ‘marketplace of ideas’ metaphor2. The argument from democracy3. Shauer’s criticism of democracy4. Habermas and the public sphere5. Deliberative democracy and offensive speech – the Danishcartoons controversy
ORIGINS – “THE MARKETPLACE OF IDEAS”Justice Oliver Wendell Holmes’ dissent inAbrams v. United States(1919) “Theultimate good desired is better reachedby free trade in ideas — that the besttest of truth is the power of the thoughtto get itself accepted in the competitionof the market.”(An interpretation of Milton)
THE ‘MARKET PLACE OF IDEAS’ ASMETAPHORAssumes Adam Smith’s “invisible hand” –truth will be ‘selected’ through pursuit ofself interest.Assumes the more ideas to select between,the better.Assumes there should be no ‘distortion’ ofthe market by the government throughregulation of industry.
CRITICISMS OF THE‘MARKET PLACE OFIDEAS’ – THIS IS NOT MILLThere does not need to be a wide variety ofopinions for one to be true.It is not the case that the more opinions availablethe more likely the seeker is to find truth.The fact someone selects an opinion is notevidence of truth, nor even that ‘everyone’believes something.‘Market success’ is not evidence of truth.
USA CONSTITUTION – FIRST AMENDMENTCongress shall make no law respectingan establishment of religion, orprohibiting the free exercise thereof; orabridging the freedom of speech, or ofthe press; or the right of the peoplepeaceably to assemble, and to petitionthe Government for a redress ofgrievances.
ORIGIN - FREE SPEECH IS ‘ABSOLUTE’The first amendment is wholly beyondthe reach of federal power to abridge –this is a theory of constitutionalinterpretation.‘I do not believe that any agencies,including Congress and the Court, havepower or authority to subordinatespeech to what they think are “moreimportant interests”’ Hugo Black(against Holme’s J’s theory ofinterpretation)
MEIKLEJOHN – A PARADOXCan make laws to promote speech, freediscussionThe first amendment is absolute – no lawsabridging speechYet laws restricting speech exist“No-one can doubt that, in any well governedsociety, the legislature has the right and theduty to prohibit certain forms of speech” Eg.defamation (libel, slander) incitement tocrime, sedition and treason
THE ARGUMENT FROM DEMOCRACYAlexander Meikeljohn -Free speech and itsrelation to self-government(1948)1.Democracy is the ideal of self-governmentby the people.

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Term
Three
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Tags
Government, Democracy, Jyllands Posten Muhammad cartoons controversy

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