The concept of “Freedom of expression”

Abstract

The history of the concept of freedom of expression in modernity is analyzed, aiming at formalizing its concept. I demonstrate how a concept of tolerance in Locke becomes freedom of conscience and press, and in Mill transforms into a familiar concept. I discuss “contemporary updates”, theoretical developments which do not deeply alter the concept as defined by Mill, but do constitute specific changes. Ideas from authors such as Meiklejohn, Emerson, Haiman, Baker, Sunstein, BollingerandFish are compared. The study enables us to build a concept of freedom of expression which recognizes its political and contextual nature, providing theoretical subsidies for the public debate on the theme.