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Understanding Free Speech as a Two-Way Right

2024/05/21 by Jovy Chan · 1 voice
Social Sciences · #Names, Identity, and Discrimination Research

paper · doi:10.16995/pp.15321

openalex publication_date 2024/05/21 · openalex created_date 2024/05/22 · openalex updated_date 2026/05/21

Abstract

This paper argues that free speech is a ‘two-way right’. The right to marriage is a typical two-way right: it is not a guarantee that every single person can get married. Instead, it only ensures that if two consenting adults wish to marry each other, they can do so freely. Similarly, the right to free speech does not protect a speaker’s unilateral right to speak, nor an audience’s unilateral right to hear. Free speech protects the parties’ right to communicate with each other. Many agree that communication is a collaborative activity. Yet, this collaborative essence is sometimes overlooked. Particularly, when analyzing speech rights, there is a tendency to zoom in on either the speaker interests or the audience interests, focusing on the distinctions between the two. The two-way approach reorients our understanding of free speech, to one that is more integrally shaped by a concept of communication as a joint collaborative endeavor. 

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