Scanlon theory of freedom of expression review

Scanlon theory of freedom of expression review

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Scanlon theory of freedom of expression review

Why is Scanlon’s theory of freedom of expression wrong?

The Millean Principle – bottom page 844

• What kinds of act should NOT be restricted
• We need to have many types of principle for freedom that helps us grow
• Speech and action

Scanlon

• • Recognize the difference between freedom of expression
  • Legal right and morally right
  • Morality ( some act are more morally right and morally wrong)
  • Some things might be legally right but that doesn’t mean its morally right
  • Law and legislation
  • PAGE 839 – bottom half of the page
    • Any type pf speech should be allowed ALTHOUGH any type pf speech should be restricted
    • Any type of acts could hurt someone so it should be restricted but any type of speech that any hurt someone can be allowed
    • What should be allowed and what shouldn’t be allowed should be categorized in freedom of expression with freedom of speech and freedom of acts

 

• PAGE 840 – 10 lines down

 

• • • He now argues that NOT all speech should be allowed and there should be some sort of restriction
    • He tries to make these restriction every general
  • PAGE 840 – Legal restriction
    • In some cases act of restriction might result in harm although they are still immune from legal restriction
    • You can’t justify legal restriction just because it may not cause harm

 

• Six example: 841-843

 

• • These examples are great prove what kinds of acts of expression should be restricted
  • His principle can accommodate to his principle

1. Some act of expression could bring direct harm to someone

• • • You voice can wake the sleeping or trigger the avalanche…

1. You can express yourself doesn’t matter in what type of way the expression is

• • Assault and related act can be
    • Bomb scare to get political attention

1. Innocent until proven guilty
2. Shouting fire in the theatre and causing panic
3. I didn’t do anything but I contributed towards you harming someone towards because of me ordering you to do something
4. Act of expression that brings drastic decrease upon personal safety

• Nerve gas would decrease personal safety but so you something such as political propaganda BUT you can restrict nerve gas although you cannot restrict political propaganda

 

• PAGE 844 – Millean principle 

 

• • • You should be allowed to express yourself whether it causes harm to someone else or not
    • Your acts of expression led someone else to cause harm to someone, although legally you acts of expression should not be restricted

 

• PAGE 845 – I hope it is…

 

• • The Millan principle isn’t just a legal principle but also a moral principle
  • He thinks if you don’t adapt a Millean principle than you can never have a legit government
  • A legit government does not manipulate its population or control them
  • You can’t govern a legit government if people can’t think for themselves
• PAGE 848-849, 854-856

Scanlon theory of freedom of expression review

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