”I may not agree with what you say, but I will defend to the death your right to say it.” attributed to Voltaire.
This may be apocryphal, but it captures what it means to have a right to freedom of expression. It does not require you to lionize the speaker. It doesn’t even require that you remain indifferent to what others have to say. It implicitly recognizes that you might find what others have to say is offensive to you or perhaps even simply wrong.
In the wake of the murder of Charlie Kirk and the effort to silence Jimmy Kimmel, it is important for us all to understand what it means for each of us to have rights to free speech in a community of fellow rights-holders. As to the latter, being a rights-holder in a community of rights-holders, has its own internal logic. Since each right gives rise to correlative normative burdens, the rights you claim for yourself are not only rights held by the other members of the community, they serve as a limitation on your rights. The correlative burdens implicit in each rights-holder’s rights limit the rights of others.
But, more to the point, what does it mean to have a right to free speech? To understand any right, we must understand the right’s constitutive elements. Less technically speaking, what is it a right to, what implications does it have for others, and whose relationships are defined by the right? To have a right to free speech and expression, is to have a claim to think for oneself, to speak one’s mind regardless of what others think without interference from others. It is not about agreement, approval, or endorsement of the views pressed.
Implicit in this understanding of the content of the right to free speech – what it is a right to – is a limitation. In a community of right-holders, one is also obligated not to interfere with the right to free speech held by others. This has implications beyond mere coercion and physical force. We ought not use our speech to cause harm to others. Speech that directs actions or “incites” violence breaches that limitation. What counts as an incitement to violence is ambiguous at the edges, but it is not meant as a back door to limiting offensive speech. Neither Kirk’s nor Kimmel’s speech came close to that line.
Perhaps most important for our understanding of the role rights play in our public and political lives, is that rights include a zone of discretion that permits individuals act in ways or to say things that are offensive to others, but not to harm. What this also means is that we can (and should) separate our judgment of the moral character of an individual or their actions from the right they have to speak their mind. One need not lionize Kirk or his legacy, or celebrate Kimmel speaking truth to power to defend the right we all have to think and speak freely.
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