Democracy and Freedom of Speech:

Does Regulating Speech Erode Democratic Legitimacy?

Abstract

  Many contemporary writers often describe freedom of speech as an indispensable right for democracy. However, it is unclear what role freedom of speech plays in democracy and what dysfunctions arise when speech is regulated. To examine these questions, this paper takes up the argument of Donald Dworkin, who insists that citizens’ voice gives legitimacy to the law, and so freedom of speech is essential for democracy. From his point of view, the regulation of speech should erode democratic legitimacy. However, two concepts that underpin Dworkin’s argument against the regulation of speech, namely autonomy and silencing effect, do not necessarily imply the negation of the regulation of speech. We can use these concepts to justify the regulation of speech through their reinterpretation. In analyzing the concepts of autonomy and silencing effect, this paper points out that the regulation of speech can support democracy rather than undermine it.