Is There Space for Paternalistic Limitation with the Freedom of Speech?

Abstract

One of the most controversial topics of conversation among scholars and a lay audience in the United States is how much protection the First Amendment should give people, specifically regarding freedom of speech. The political theory aspect of this project focused on what paternalism is and its potential uses through Mill’s “On Liberty”, Dworkin’s “Paternalism,” and secondary literature that discusses freedom of speech in a paternalistic context. The legal aspect of this project focused on court cases that showcased people’s thoughts on the limitations of one’s freedom of speech. Through my research, I found that paternalism, in theory, could be used to limit someone’s freedom of speech if they are under the age of majority; however, limiting an adult’s freedom of speech has not been successfully done in the courts. This is due to the difficulty of proving that by limiting an adult’s freedom of speech, the government is saving the person from themselves while also not violating the Harm Principle set out by Mill.