Exceptions to
free speech
Free speech as an exercise of liberty:
when are we justified in restricting it?
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According to Mill’s Harm Principle?
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To protect ourselves from ourselves (viz., legal
paternalism)?
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“The only purpose for which power can be rightfully
exercised over any member of a civilized community,
against his will, is to prevent harm to others.”
Government can exercise power to prevent harm (1)
to others and (2) to oneself
To impose society’s moral code and protect the
fabric of society (viz., legal moralism)?

It is appropriate to use the legal system to enforce
morality
Legal restrictions on free speech
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First Amendment: “Congress shall make no
law . . . Abridging freedom of speech. . .”
EXCEPT
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Government has a compelling or overriding
interest or purpose
AND restriction is unrelated to the content of
what is said
Recognized legal exceptions to
free speech:
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Are these exceptions justified according to Mill,
legal paternalism, legal moralism?
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Obscenity
Treason
Defamation
Fighting words
Incitement of violence
Violation of copyright
Bribery
Threats
False advertising: commercial speech