A Theory of Freedom of Expression 1

The doctrine of freedom of expression is generally thought to single out a class of "protected acts" which it holds to be immune from restrictions to which other acts are subject. The theory of freedom of expression consists of four distinguishable elements. It is based upon the Millian Principle, which is absolute but serves only to rule out certain justifications for legal restrictions on acts of expression. Within the limits set by this principle the whole range of governmental policies affecting opportunities for expression, whether by restriction, positive intervention, or failure to intervene, are subject to justification and criticism on a number of diverse grounds. First, on grounds of whether they reflect an appropriate balancing of the value of certain kinds of expression relative to other social goods; second, whether they insure equitable distribution of access to means of expression throughout the society; and third, whether they are compatible with the recognition of certain special rights, particularly political rights.