Mill
THE DEFENSE OF BASIC LIBERTIES I
Of the Liberty of Thought and Discussion
It will be convenient for the argument, if, instead of at once
entering upon the general thesis, we confine ourselves in
the first instance to a single branch of it… This one branch
is the Liberty of Thought: from which it is impossible to
separate the cognate liberty of speaking and of writing.
On Liberty, page 16
The Fallibility Argument
The opinion which it is attempted to suppress by authority may
possibly be true. Those who desire to suppress it, of course
deny its truth; but the are not infallible. They have no
authority to decide the question for all mankind, and exclude
every other person from the means of judging. To refuse a
hearing to an opinion, because they are sure that it is false, is
to assume that their certainty is the same thing as absolute
certainty. All silencing of discussion is an assumption of
infallibility. Its condemnation may be allowed to rest on this
common argument, not the worse for being common.
On Liberty, page 19
The Fallibility Argument
Truth is generally valuable.
2. Censors are fallible.
3. If (1) and (2), then censorship is generally
impermissible.
4. [So] Censorship is generally impermissible.
1.
The Fallibility Argument
The most stringent protection of free speech would not
protect a man in falsely shouting fire in a theatre and
causing a panic… The question in every case is whether
the words used are used in such circumstances and are of
such a nature as to create a clear and present danger that
they will bring about the substantive evils that Congress
has a right to prevent.
Schneck v. Unites States
The Fallibility Argument
…even opinions lose their immunity, when the
circumstances in which they are expressed are such as to
constitute their expression a positive instigation to some
mischievous act. An opinion that corn-dealers are starvers
of the poor… ought to be unmolested when simply
circulated through the press, but may justly incur
punishment when delivered orally to an excited mob
assembled before the house of a corn-dealer.
On Liberty, page 57
The Fallibility Argument
Truth is generally valuable.
2. Censors are fallible.
3. If (1) and (2), then censorship is generally
impermissible.
4. [So] Censorship is generally impermissible.
1.
The Fallibility Argument
The objection likely to be made to this argument, would
probably take some such form as the following. There is
no greater assumption of infallibility in forbidding the
propagation of error, than in any other thing which is
done by public authority on its own judgment and
responsibility. Judgment is given to men that they may
use it… If we were never to act on our opinions, because
those opinions may be wrong, we should leave all our
interests uncared for, and all our duties unperformed.
On Liberty, page 20
The Fallibility Argument
I answer, that it is assuming very much more. There is the
greatest difference between presuming an opinion to be true,
because, with every opportunity for contesting it, it has not
been refuted, and assuming its truth for the purpose of not
permitting its refutation. Complete liberty of contradicting
and disproving our opinion, is the very condition which
justifies us in assuming its truth for purposes of action; and on
no other terms can a being with human faculties have any
rational assurance of being right.
On Liberty, page 21
The Fallibility Argument
Truth is generally valuable.
2. Censors are fallible.
3. If (1) and (2), then censorship is generally
impermissible.
4. [So] Censorship is generally impermissible.
1.
The Free Market Argument
The beliefs which we have most warrant for, have no
safeguard to rest on, but a standing invitation to the
whole world to prove them unfounded… we may hope
that if there be a better truth, it will be found when the
human mind is capable of receiving it; and in the mean
time we may rely on having attained such approach to
truth, as is possible in our own day. This is the amount of
certainty attainable by a fallible being, and this the sole
way of attaining it.
On Liberty, page 23
The Free Market Argument
Truth is generally valuable.
2. Censorship lowers the net amount of truth.
3. If (1) and (2), then censorship is generally
impermissible.
4. [So] Censorship is generally impermissible.
1.
The Free Market Argument
The ultimate good desired is better reached by free trade in
ideas—that the best test of truth is the power of the
thought to get itself accepted in the competition of the
market, and that truth is the only ground upon which
their wishes safely can be carried out. That at any rate is
the theory of our Constitution.
Abrams v. United States
The Free Market Argument
Truth is generally valuable.
2. Censorship lowers the net amount of truth.
3. If (1) and (2), then censorship is generally
impermissible.
4. [So] Censorship is generally impermissible.
1.
The Free Market Argument
We can never be sure that the opinion we are endeavoring
to stifle is a false opinion; and if we were sure, stifling it
would be an evil still.
On Liberty, page 19
The Free Market Argument
Truth is generally valuable.
2. Censorship lowers the net amount of truth.
3. If (1) and (2), then censorship is generally
impermissible.
4. [So] Censorship is generally impermissible.
1.