The assault on free speech seems to be growing. Millennials seem ok with limitations on “offensive” speech (http://www.pewresearch.org/…/40-of-millennials-ok-with-lim…/). Millennials also seem skeptical of democracy (https://www.washingtonpost.com/…/yes-millennials-really-a…/…). Forget the millennial angle. Let’s think about the connection between limiting speech and dying democracy. Can these phenomena be related? John Stuart Mill may have an answer.
Mill writes that free speech is important for three reasons. First, it may silence a true opinion. Second, engaging with false opinions help holders of true opinions get a better sense for why their opinion is correct. Indeed this is the basis of science – there can be no science without falsifiability. Last, different opinions may have different elements of the same truth; engaging with these different opinions helps people a clearer picture of the truth. In any case, as long as we believe that all individuals are equally capable of thought (if fallible) everyone’s opinion has value. Hearing out even mistaken opinions gives such thoughtful individuals an opportunity to learn. Thus, free speech helps people toward a realization of truth.
However, free speech has cultural effects as well. Engaging in free speech and keeping the space open for dissenting opinions generates a culture of fallibility. This reduces the risk of people forcing a wrong opinion on others. Moreover, free speech allows people to learn, thus allowing humanity to better respond to changes in their social, cultural, economic, political, and geographic environment. Free speech also vets opinions and therefore creates a systematic way to confer legitimacy on opinions, a process also known as science! This legitimacy has important implications for the legal fictions that govern the relationships between individuals (or society).
For example, the constitution is fiction; a mere piece of paper. The effectiveness of constitutional rule of law therefore depends on whether people believe that the constitution is legitimate. Free speech creates the environment for conferring this legitimacy through the three reasons stated above. Thus, free speech is the heart of democratic rule of law. Given this connection, when people do not believe in free speech they have no reason to believe in the legitimacy of constitutional democracy.
So what? A recent study by Basuchoudhary, Bang, David and Sen (“Predicting Conflict” forthcoming 2018 email: basuchoudharya[at]vmi.edu for more information) suggest that lack of institutional transparency and credibility are one of the biggest predictors of civil conflict. In short, the cultural institutions that allow free speech and confer legitimacy on governance institutions (albeit defined in a very constricted way for statistical analysis) are what is keeping humanity away from perpetual conflict. This should be of interest to everyone as we sip our $7 chai lattes.