Freedom of speech is a fundamental democratic right and a bedrock principle of enlightened society, but it has its limitations. Not only are there leg

The Limits of Free Speech

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2022-05-13 20:30:09

Freedom of speech is a fundamental democratic right and a bedrock principle of enlightened society, but it has its limitations. Not only are there legal restrictions to free speech, such as laws against defamation and incitement to violence; there are also social and psychological barriers, including the pressures from cancel culture, which encourage self-censorship. This is a problem because a right not exercised is a right easily lost.

In the Weimar Republic (1919–1933), all Germans had the right to freedom of expression, but many were scared to speak out against the emerging Nazi movement due to the intimidating presence of Nazi supporters on the streets. This not only had a chilling effect on free speech, but also caused the Nazi movement to appear larger than it actually was. Potential critics felt that they had to assume that their neighbours or co-workers might be Nazi sympathizers. Thus, Hitler’s thugs were able to control public discourse well before they were able to take the reins of government. Once in power, they quashed free speech completely.

Today, Germany has strict laws against any speech that denies or downplays the crimes of the Third Reich or expresses pro-Nazi sympathies. The proffered rationale is that these laws protect German democracy from fascism. However, a government that claims to be liberal loses credibility when it undermines free speech—a fundamental liberal principle—by criminalizing objectionable views. Such restrictions may pose a more serious threat to liberal democracy than the expression of neo-Nazi views—particularly since neo-Nazis are few in number and often find ways to circumnavigate these laws.

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