Freedom of expression: what are we talking about?
Denis Ramond · Raisons politiques · 2011
This article provides a critical analysis of the notion of “freedom of expression”. Outlining the fact that it is both a recent and vaguely-defined concept, the article aims to examine this freedom’s problematic features from two perspectives : if we defend freedom of expression for its contribution to democratic life, then the term “expression” will appear either too restrictive – if it exclusively designates political speech – or indefinable, if it designates everything that shapes political judgment itself. A broad conception of “freedom of expression” must then cover freedom itself. On the other hand, if we adopt a negative conception of freedom of expression, grounded in the harm principle, the word “expression” becomes useless, even counterproductive. An evocation of freedom is therefore not the best way to protect this “expression”; instead, the harm principle, which is based on an anti-paternalistic postulate of autonomy, proves more useful.