Freedom of Speech and Society: A Social Approach to Freedom of Ex ...

Chapter 2

The Sociology of Freedom of Speech

Introduction

Discussions of freedom of speech normally focus on the rights of the individual. However, the benefits of freedom of expression––even under traditional theory––frequently belong as much to society as to the individual, and the benefits flowing to society may indeed be different than the individual rights. For example, in the well-regarded democracy theory propounded by Professor Meiklejohn, the direct benefit of the individuals’ right to engage in political discussion is the advancement of democratic government which is clearly a societal benefit. While good government may be of benefit to the individual, the existence of democracy is societal or belongs to the group rather than just an individual. A central feature of Durkheim’s approach to sociology is that society is not merely a collection of individuals but is more akin to a living organism constituted of millions of living cells. While the cells possess aspects of life, the organism has a character and existence distinctly unique from its constituent cells. Similarly, society has an existence separate and apart from the individuals