BLAW10002 Lecture Notes - Lecture 3: All England Law Reports, Market Failure, Liberal Democracy
28 Jul 2018
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4 main justifications: truth and reason - john stuart mill (1859) and other classical liberal theorists, discovery of truth, there are a number of versions of this argument; Speech and the discovery of truth is an autonomous and fundamental good. Accessing platforms that allow truth to be heard: market failure in terms of access, not everyone has access to platforms that allows them to speak, not all views are equally received - some are more palatable than others. But the internet gives people the opportunity to network; share ideas. So overall there has been more participation: representative (citizen participation in a) democracy - alexander meiklejohn (1960, dominant theory in liberal democracy, political speech is given the heaviest weight when it comes to law. Its an essential element of human flourishing and development- any restriction on freedom of speech is a restriction on human autonomy, development and dignity : false speech, however, is problematic.
