Components of a Theory of Freedom of Expression
This chapter introduces many of the key concepts that are of distinctive importance in any theory of freedom of expression. It first explores the nature of expression or communication (comprising addressors, addressees, communicative contents, and certain intentions), and it then considers whether the distinction between speech and conduct is tenable. Contending that the distinction between high-value modes and low-value modes of expression does not have any bearing on the applicability of the principle of freedom of expression, the chapter maintains that that principle protects every mode of expression against any governmental restrictions that are directed against it qua mode of expression. Compliance with that principle by a system of governance involves several types of neutrality, which the chapter expounds. Having explored the ways in which a system of governance can fail to achieve those types of neutrality, the chapter then explains how the purposes of various laws or policies are to be ascertained. Thereafter, the chapter concludes by pondering how private parties (such as hecklers and employers and organizations in charge of public fora) are constrained by the principle of freedom of expression.