Freedom of Expression and Communicative Equality

The Case for Regulation

Abstract

This paper addresses the normative issue of free speech within the landscape of democratic societies where the mediated form of communication appears as a central feature. Contemporary discussions about free speech tend assimilate press freedom to a notion of freedom of expression as a negative liberty, so repudiating every single regulation to the mass media. In opposition to that line of thought, I argue that media freedom cannot be justified by analogy with negative liberty. The most convincing justification for the principle of freedom of expression relies on the idea of the fair value of communicative liberties, or the idea that society must assure fair opportunities for the exercise of communication. Following this account, I affirm that the institutions responsible for mediating the expressive acts should be structured in a way that contributes, at once, to individual self-determination and collective self-government.