| Chapter 2: | The Sociology of Freedom of Speech |
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freedom of speech concerning political matters and elections is necessary for democratic government to function, the other theories speak not so much in terms of group necessity but in terms of how free speech may assist in the furtherance of some individual goal such as self-fulfilment. It is in this context that sociological theory is offered for a coherent validation of an expansive grant of free speech to all of the members of society. The crux of this argument is that expansive free speech rights are essential for the existence and prosperity of a modern industrial state; however, this argument also underscores that the right of expression does not exist in a vacuum and must be balanced with other legitimate expectations of society. Freedom of speech is not simply desirable from a philosophical point of view, but it is essential for the survival of highly industrialised societies. This viewpoint is not at odds with traditional constitutive and instrumental justifications for freedom of speech. In fact, the traditional free speech concepts undoubtedly connect to the sociological explanation, and the sociological argument supports the view that the constitutive justification for freedom of speech is actually instrumental––that is, broad generalised speech rights are essential to the smooth running of complex societies. The connection between sociology and philosophy will in part be found through an expansive interpretation of the free speech theory known as “self-realisation” that contains elements of both instrumental and constitutive justifications for freedom of speech.3 The sociological explanation offered by Habermas demonstrates how self-realisation is not just desirable from a philosophical point of view but is also required for individuals to effectively and happily function in advanced societies. If the sociological explanation is correct, the prognosis for advanced societies that employ legal systems to restrict freedom of speech unduly may not be so good. Social disintegration may be the ultimate consequence of disconnect between law and society.
As an approach to freedom of speech issues, the sociological explanation presents a number of positive contributions. First, unlike traditional free speech analysis, sociology does not require fine distinctions between instrumental and constitutive justifications. The sociological explanation