The Limits of Free Speech: Reflections on the Ambivalent Power of Words

In the liberal tradition of democratic theory, speech in the form of unrestricted public deliberation is regarded as the basis of democratic decision-making and therefore as essential to the democratic legitimation of power. In line with this understanding, liberal democratic theory commonly conceives of speech as a means of political empowerment and emancipation that may only be limited in severe cases of danger to the common interests of national security, territorial integrity or public safety. However, postcolonial and feminist theorists have cast doubt on this one-sided appraisal of the normative power of speech, which in their view misrecognizes the “originary violence that inhabits language” (Dhawan 2012, cf. also Spivak 1988 and Butler 1999.). They point out that often some people’s free expression is at the expense of other people’s emancipatory struggles. Moreover, they argue that by producing hegemonic “norms of recognition”, speech exerts violence against non-normative subjects – by disqualifying their public expressions as unintelligible, meaningless or irrelevant. Despite this profound reconsideration of the normative power of speech, theorists in the feminist and postcolonial traditions do not advocate altogether abandoning speech as a means of democratic decision-making and emancipation. Yet, their considerations raise important questions for the exploration of the justifiable limits of free speech: (1) What is the relation between speech and power (rather than truth)? (2) To what extent is it necessary (and compatible with liberal democratic values) to restrict some people’s speech so that others may be heard? The paper thus contributes to the discussion by exploring the valuable insights feminist and postcolonial theorists offer for reflecting on the limits of free speech. Their considerations are particularly relevant for (but not limited to) the topical debates on hate speech (on- and offline) and the equal inclusion of members of marginalized groups.