argumentative essay on free speech

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Arguments for freedom: the many reasons why free speech is essential.

• David Hudson

“The matrix, the indispensable condition, of nearly every other freedom”— that’s how Justice Benjamin Cardozo referred to freedom of speech. 

This eminent Justice is far from alone in his assessment of the lofty perch that free speech holds in the United States of America. Others have called it our blueprint for personal liberty and the cornerstone of a free society. Without freedom of speech, individuals could not criticize government officials, test their theories against those of others, counter negative expression with a different viewpoint, or express their individuality and autonomy. 

The First Amendment of the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech.” This freedom represents the essence of personal freedom and individual liberty. It remains vitally important, because freedom of speech is inextricably intertwined with freedom of thought. 

Freedom of speech is closely connected to freedom of thought, an essential tool for democratic self-governance.

“First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end,” warned Justice Anthony Kennedy in Ashcroft v. Free Speech Coalition (2002). “The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought.”

There are numerous reasons why the First Amendment has a preferred position in our pantheon of constitutional values.  Here are six.

Self-governance and a check against governmental abuse

Free speech theorists and scholars have advanced a number of reasons why freedom of speech is important. Philosopher Alexander Meiklejohn famously offered that freedom of speech is essential for individuals to freely engage in debate so that they can make informed choices about self-government. Justice Louis Brandeis expressed this sentiment in his concurring opinion in  Whitney v. California (1927): “[F]reedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth.”

In other words, freedom of speech is important for the proper functioning of a constitutional democracy. Meiklejohn advocated these ideas in his seminal 1948 work, “ Free Speech and Its Relation to Self-Government .” Closely related to this is the idea that freedom of speech serves as a check against abuse by government officials. Professor Vincent Blasi referred to this as “the checking value” of free speech. 

Liberty and self-fulfillment

The self-governance rationale is only one of many reasons why freedom of speech is considered so important. Another reason is that freedom of speech is key to individual fulfillment. Some refer to this as the “liberty theory” of the First Amendment.

Free-speech theorist C. Edwin Baker writes that “speech or other self-expressive conduct is protected not as a means to achieve a collective good but because of its value to the individual.” Justice Thurgood Marshall eloquently advanced the individual fulfillment theory of freedom of speech in his concurring opinion in the prisoner rights case  Procunier v. Martinez (1974) when he wrote: “The First Amendment serves not only the needs of the polity, but also those of the human spirit—a spirit that demands self-expression. Such expression is an integral part of the development of ideas and a sense of identity. To suppress expression is to reject the basic human desire for recognition and affront the individual’s worth and dignity.”

The search for truth and the ‘marketplace of ideas’ metaphor

Still another reason for elevating freedom of speech to a prominent place in our constitutional values is that it ensures a search for truth. 

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Justice Oliver Wendell Holmes expressed this idea in his “Great Dissent” in  Abrams v. United States (1919) when he wrote that “the ultimate good desired is better reached by free trade of ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market.” This language from Holmes led to one of the most pervasive metaphors in First Amendment jurisprudence—that of the “marketplace of ideas.” 

This concept did not originate with Holmes, as John Milton in the 17th century and John Stuart Mill in the 19th century advanced the idea that speech is essential in the search for truth in their respective works, “Areopagitica” (1644) and “On Liberty” (1859). Milton famously wrote: “Let [Truth] and Falsehood grapple, whoever knew Truth put to the worse, in a free and open encounter?” For his part, Mill warned of the “peculiar evil of silencing the expression of an opinion” explaining that “[i]f the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.” 

Informational theory

The marketplace metaphor is helpful but incomplete. Critics point out that over the course of history, truth may not always prevail over false ideas. For example, Mill warned that truth sometimes doesn’t triumph over “persecution.” Furthermore, more powerful individuals may have greater access to the marketplace and devalue the contributions of others. Another critique comes from those who advocate the informational theory of free speech. 

Coronavirus and the failure of the 'Marketplace of Ideas'

“If finding objective truth were the only value of freedom of expression, there would be little value to studying history,”  explains Greg Lukianoff of FIRE . “ Most of human thought in history has been mistaken about its assumptions and beliefs about the world and each other; nevertheless, understanding things like superstitions, folk medicine, and apocryphal family histories has significance and value.” 

Under this theory, there is great value in learning and appreciating what people believe and how they process information. Lukianoff calls the metaphor for the informational theory of free speech “the lab in the looking glass.” The ultimate goal is “to know as much about us and our world as we can,” because it is vitally “important to know what people really believe, especially when the belief is perplexing or troubling.”

Safety valve theory

Another reason why freedom of speech is important relates to what has been termed the “safety valve” theory. This perspective advances the idea that it is good to allow individuals to express themselves fully and blow off steam.

If individuals are deprived of the ability to express themselves, they may undertake violent means as a way to draw attention to their causes or protests. Justice Brandeis advanced the safety valve theory of free speech in his concurring opinion in Whitney v. California (1927) when he wrote:

Those who won our independence believed . . . that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies.

Tolerance theory

Free speech has also been construed to promote the virtue of tolerance: If we tolerate a wide range of speech and ideas, this will promote greater acceptance, self-restraint, and a diversity of ideas. 

Lee Bollinger advanced this theory in his 1986 work “The Tolerant Society.” This theory helps explain why we should tolerate even extremist speech. As Justice Holmes wrote in his dissent in  United States v. Schwimmer (1929), freedom of speech means “freedom for the thought that we hate.” This means that we often must tolerate extremist speech. As Chief Justice John G. Roberts, Jr. wrote in  Snyder v. Phelps (2011), we don’t punish the extremist speaker; instead “we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”

Freedom of speech holds a special place in American law and society for many good reasons.

As Rodney Smolla writes in “Free Speech in an Open Society,” “[t]here is no logical reason . . . why the preferred position of freedom of speech might not be buttressed by multiple rationales.” Freedom of speech is closely connected to freedom of thought, an essential tool for democratic self-governance; it leads to a search for truth; it helps people express their individuality; and it promotes a tolerant society open to different viewpoints. 

In sum, it captures the essence of a free and open society.

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Home — Essay Samples — Social Issues — Human Rights — Freedom of Speech

Argumentative Essays on Freedom of Speech

Freedom of speech essay topic examples, argumentative essays.

Argumentative essays on freedom of speech require you to take a stance on a specific aspect of this topic and provide evidence to support your viewpoint. Consider these topic examples:

• 1. Argue for the importance of protecting hate speech as a form of free expression, emphasizing the principles of free speech and the potential consequences of limiting it.
• 2. Debate the ethical implications of social media platforms censoring or moderating content, exploring the balance between maintaining a safe online environment and upholding free speech rights.

Example Introduction Paragraph for an Argumentative Freedom of Speech Essay: Freedom of speech is a cornerstone of democratic societies, but it often challenges our notions of what should be protected. In this argumentative essay, we will examine the importance of safeguarding hate speech as a form of free expression, exploring the principles of free speech and the potential ramifications of its restriction.

Example Conclusion Paragraph for an Argumentative Freedom of Speech Essay: In conclusion, the argument for protecting hate speech within the bounds of free expression highlights the enduring principles of democracy and free speech. As we navigate these complex debates, we must remain committed to preserving the foundations of our democratic society.

Compare and Contrast Essays

Compare and contrast essays on freedom of speech involve analyzing the similarities and differences between various aspects of free speech laws, practices, or the historical development of free speech rights in different countries. Consider these topics:

• 1. Compare and contrast the approach to freedom of speech in the United States and European Union, examining the legal frameworks, historical context, and key differences in their protection of free expression.
• 2. Analyze the evolution of freedom of speech in the digital age, comparing the challenges and opportunities presented by online platforms and the traditional forms of free expression.

Example Introduction Paragraph for a Compare and Contrast Freedom of Speech Essay: Freedom of speech varies across different countries and contexts, raising questions about the boundaries of this fundamental right. In this compare and contrast essay, we will explore the approaches to freedom of speech in the United States and the European Union, shedding light on their legal frameworks, historical backgrounds, and notable distinctions.

Example Conclusion Paragraph for a Compare and Contrast Freedom of Speech Essay: In conclusion, the comparison and contrast of freedom of speech in the United States and the European Union reveal the multifaceted nature of this fundamental right. As we examine these diverse perspectives, we gain a deeper appreciation for the complexities surrounding free expression in our globalized world.

Descriptive Essays

Descriptive essays on freedom of speech allow you to provide detailed accounts and analysis of specific instances, historical events, or contemporary debates related to free speech. Here are some topic ideas:

• 1. Describe a landmark Supreme Court case related to freedom of speech, such as the "Tinker v. Des Moines Independent Community School District" case, and its significance in shaping free speech rights for students.
• 2. Paint a vivid picture of a recent protest or demonstration where freedom of speech played a central role, discussing the motivations of the protesters, the public's response, and the outcomes of the event.

Example Introduction Paragraph for a Descriptive Freedom of Speech Essay: Freedom of speech is often tested and defined in the courtroom and in the streets. In this descriptive essay, we will delve into the landmark Supreme Court case "Tinker v. Des Moines Independent Community School District" and its profound impact on the free speech rights of students within the educational system.

Example Conclusion Paragraph for a Descriptive Freedom of Speech Essay: In conclusion, the descriptive exploration of the "Tinker" case illustrates the enduring struggle to balance students' free speech rights with the need for a productive educational environment. As we reflect on this historical event, we are reminded of the ongoing challenges in preserving and defining freedom of speech in schools.

Persuasive Essays

Persuasive essays on freedom of speech involve advocating for specific actions, policies, or changes related to the protection or limitations of free speech rights. Consider these persuasive topics:

• 1. Persuade your audience of the importance of enacting legislation to combat "cancel culture" and protect individuals' right to express unpopular opinions without fear of social or professional consequences.
• 2. Advocate for greater transparency and accountability in social media content moderation practices, highlighting the potential impact on free speech and the public's right to access diverse information.

Example Introduction Paragraph for a Persuasive Freedom of Speech Essay: The boundaries of free speech are continually tested in our rapidly changing society. In this persuasive essay, I will make a compelling case for the necessity of legislation to combat "cancel culture" and preserve individuals' right to express dissenting views without facing severe social or professional repercussions.

Example Conclusion Paragraph for a Persuasive Freedom of Speech Essay: In conclusion, the persuasive argument for legislation against "cancel culture" underscores the importance of safeguarding free speech in the face of societal pressures. As we advocate for change, we contribute to the preservation of a diverse and inclusive marketplace of ideas.

Narrative Essays

Narrative essays on freedom of speech allow you to share personal stories, experiences, or observations related to free speech, your encounters with debates or controversies, or the impact of free expression on your life. Explore these narrative essay topics:

• 1. Narrate a personal experience where you exercised your right to free speech, detailing the circumstances, motivations, and reactions from others, and reflecting on the significance of your actions.
• 2. Share a story of your involvement in a community or online discussion where freedom of speech played a central role, emphasizing the challenges and rewards of engaging in open dialogue.

Example Introduction Paragraph for a Narrative Freedom of Speech Essay: Freedom of speech is not just an abstract concept; it is a lived experience. In this narrative essay, I will take you through a personal journey where I exercised my right to free speech, recounting the circumstances, motivations, and the impact of my actions on those around me.

Example Conclusion Paragraph for a Narrative Freedom of Speech Essay: In conclusion, the narrative of my personal experience with free speech highlights the transformative power of open dialogue and individual expression. As we share our stories, we contribute to the rich tapestry of voices that define our commitment to this essential democratic principle.

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The Meaning of The Freedom of Speech

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A Study of The True Meaning of Free Speech in Today's Society

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Freedom of speech is a fundamental human right that encompasses the liberty to express thoughts, opinions, beliefs, and ideas without fear of censorship, reprisal, or governmental interference.

1. The right to seek information and ideas; 2. The right to receive information and ideas; 3. The right to impart information and ideas.

The concept of freedom of speech has deep historical roots, originating from ancient civilizations and evolving through various historical contexts. The ancient Greeks, particularly in Athens, valued free expression and public debate, considering it essential for democratic governance. Similarly, the Roman Republic allowed citizens the freedom to express their opinions in political matters. The modern understanding of freedom of speech emerged during the Age of Enlightenment in the 17th and 18th centuries. Prominent thinkers like John Locke and Voltaire advocated for the right to express ideas without censorship or persecution. Their ideas influenced the development of democratic societies and the recognition of freedom of speech as a fundamental human right. The historical context of freedom of speech also includes pivotal moments, such as the American Revolution and the French Revolution. These revolutions challenged the existing oppressive regimes and led to the inclusion of free speech protections in their respective declarations of rights. Since then, the concept of freedom of speech has been enshrined in numerous international human rights documents, such as the Universal Declaration of Human Rights and the First Amendment to the United States Constitution.

The freedom of speech is a fundamental right protected by the First Amendment of the United States Constitution. It guarantees individuals the right to express their opinions, beliefs, and ideas without fear of government censorship or retaliation. The historical context of freedom of speech in the US can be traced back to the country's founding. The American Revolution and the subsequent establishment of the Constitution were driven by a desire for individual liberties, including the right to freely express oneself. Over the years, the interpretation and application of freedom of speech in the US have been shaped by landmark court cases. For instance, in the 1960s, the Supreme Court ruled in favor of protecting political and symbolic speech, even if it was controversial or dissenting. This period also saw the rise of the free speech movement, which advocated for greater rights on college campuses. However, the freedom of speech in the US is not absolute. Certain types of speech, such as obscenity, defamation, incitement to violence, and hate speech, are subject to limitations and can be legally restricted.

Thomas Jefferson: As one of the Founding Fathers of the United States, Jefferson was a staunch advocate for freedom of speech. He believed that a free exchange of ideas was vital for a democratic society and emphasized its protection in the First Amendment. Voltaire: A French philosopher and writer, Voltaire championed the principles of free expression and tolerance. His writings challenged oppressive regimes and promoted the idea that individuals should have the right to speak their minds without fear of persecution. Martin Luther King Jr.: Known for his leadership in the American civil rights movement, King passionately defended free speech as a means to advocate for social justice. His powerful speeches and peaceful protests were instrumental in promoting equality and challenging systemic racism. John Stuart Mill: An influential philosopher and political economist, Mill articulated the concept of the "marketplace of ideas" and argued for unrestricted freedom of speech. He believed that through open and robust debate, society could discover the truth and prevent the suppression of minority viewpoints.

Public opinion on the freedom of speech varies widely, reflecting the diversity of perspectives within societies around the world. While many individuals staunchly uphold the value and importance of free speech as a fundamental human right, others harbor concerns and reservations regarding its boundaries and potential consequences. Additionally, cultural and societal factors significantly shape public opinion on freedom of speech. Different countries and communities may have distinct historical experiences, cultural norms, and legal frameworks that influence their perspectives. The balance between individual freedoms and collective well-being may vary across societies, leading to differing opinions on where the boundaries of free speech should lie. Technological advancements and the rise of social media platforms have further complicated public opinion on freedom of speech. The digital age has enabled individuals to express their views on a global scale, amplifying the impact and reach of their words. However, it has also highlighted concerns about online harassment, the spread of misinformation, and the potential for manipulation and abuse of free speech rights. As a result, debates emerge around the role of platforms in regulating speech and ensuring the responsible use of online communication tools.

1. Protection of democratic principles 2. Advancement of knowledge and progress 3. Promotion of individual autonomy 4. Protection of minority rights 5. Defense against tyranny

1. Harmful and hateful speech 2. Protection of vulnerable groups 3. Misinformation and propaganda 4. Privacy and dignity 5. Societal stability and public safety

1. The recognition of speech protection can be traced back to the signing of the Magna Carta in 1215, marking an early milestone in safeguarding the freedom of expression. 2. In 399 BC, the renowned Greek philosopher Socrates faced persecution for his advocacy of unrestricted speech, showcasing the historical roots of the ongoing struggle for free speech rights. 3. A significant majority, approximately 70% of Americans, believe in the importance of granting individuals the right to free speech, even if their words are deemed highly offensive or controversial. 4. A pivotal moment for student rights came in 1969 with the Supreme Court case Tinker v. Des Moines, which affirmed that students maintain their right to free speech even within the confines of school hours.

The topic of freedom of speech is of immense importance for writing an essay due to its fundamental role in society. Freedom of speech is a cornerstone of democracy, enabling individuals to express their opinions, ideas, and beliefs openly without fear of censorship or retribution. It serves as a catalyst for societal progress, allowing for the exchange of diverse perspectives, critical thinking, and the challenging of established norms. Exploring the concept of freedom of speech in an essay provides an opportunity to delve into its historical significance and the ongoing struggles for its protection. It allows for an examination of the complex balance between free expression and the limitations necessary to prevent harm or hate speech. Additionally, discussing the importance of freedom of speech facilitates a deeper understanding of its role in fostering social justice, political discourse, and the protection of minority voices. Moreover, the topic invites exploration of contemporary issues such as online censorship, fake news, and the challenges posed by the digital age. By analyzing case studies, legal frameworks, and international perspectives, an essay on freedom of speech can shed light on the ongoing debates, dilemmas, and potential solutions to ensure its preservation in an ever-evolving society.

1. Sullivan, K. M. (2010). Two concepts of freedom of speech. Harvard Law Review, 124(1), 143-177. (https://www.jstor.org/stable/20788316) 2. Van Mill, D. (2002). Freedom of speech. (https://plato.stanford.edu/ENTRIES/freedom-speech/) 3. Bogen, D. (1983). The origins of freedom of speech and press. Md. L. Rev., 42, 429. (https://heinonline.org/HOL/LandingPage?handle=hein.journals/mllr42&div=20&id=&page=) 4. Yong, C. (2011). Does freedom of speech include hate speech?. Res Publica, 17, 385-403. (https://link.springer.com/article/10.1007/s11158-011-9158-y) 5. McHugh, M. R. (2004). Historiography and freedom of speech: the case of Cremutius Cordus. In Free Speech in Classical Antiquity (pp. 391-408). Brill. (https://brill.com/display/book/edcoll/9789047405689/B9789047405689-s018.xml) 6. Milo, D. (2008). Defamation and freedom of speech. (https://academic.oup.com/book/2591) 7. Helwig, C. C. (1998). Children's conceptions of fair government and freedom of speech. Child Development, 69(2), 518-531. (https://srcd.onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-8624.1998.tb06205.x) 8. Cheung, A. S. (2011). Exercising freedom of speech behind the great firewall: A study of judges’ and lawyers’ blogs in China. Harvard International Law Journal Online. (https://harvardilj.org/wp-content/uploads/sites/15/2011/04/HILJ-Online_52_Cheung1.pdf) 9. Nieuwenhuis, A. (2000). Freedom of speech: USA vs Germany and Europe. Netherlands Quarterly of Human Rights, 18(2), 195-214. (https://journals.sagepub.com/doi/pdf/10.1177/092405190001800203)

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Freedom of Speech

[ Editor’s Note: The following new entry by Jeffrey W. Howard replaces the former entry on this topic by the previous author. ]

Human beings have significant interests in communicating what they think to others, and in listening to what others have to say. These interests make it difficult to justify coercive restrictions on people’s communications, plausibly grounding a moral right to speak (and listen) to others that is properly protected by law. That there ought to be such legal protections for speech is uncontroversial among political and legal philosophers. But disagreement arises when we turn to the details. What are the interests or values that justify this presumption against restricting speech? And what, if anything, counts as an adequate justification for overcoming the presumption? This entry is chiefly concerned with exploring the philosophical literature on these questions.

The entry begins by distinguishing different ideas to which the term “freedom of speech” can refer. It then reviews the variety of concerns taken to justify freedom of speech. Next, the entry considers the proper limits of freedom of speech, cataloging different views on when and why restrictions on communication can be morally justified, and what considerations are relevant when evaluating restrictions. Finally, it considers the role of speech intermediaries in a philosophical analysis of freedom of speech, with special attention to internet platforms.

1. What is Freedom of Speech?

2.1 listener theories, 2.2 speaker theories, 2.3 democracy theories, 2.4 thinker theories, 2.5 toleration theories, 2.6 instrumental theories: political abuse and slippery slopes, 2.7 free speech skepticism, 3.1 absoluteness, coverage, and protection, 3.2 the limits of free speech: external constraints, 3.3 the limits of free speech: internal constraints, 3.4 proportionality: chilling effects and political abuse, 3.5 necessity: the counter-speech alternative, 4. the future of free speech theory: platform ethics, other internet resources, related entries.

In the philosophical literature, the terms “freedom of speech”, “free speech”, “freedom of expression”, and “freedom of communication” are mostly used equivalently. This entry will follow that convention, notwithstanding the fact that these formulations evoke subtly different phenomena. For example, it is widely understood that artistic expressions, such as dancing and painting, fall within the ambit of this freedom, even though they don’t straightforwardly seem to qualify as speech , which intuitively connotes some kind of linguistic utterance (see Tushnet, Chen, & Blocher 2017 for discussion). Still, they plainly qualify as communicative activity, conveying some kind of message, however vague or open to interpretation it may be.

Yet the extension of “free speech” is not fruitfully specified through conceptual analysis alone. The quest to distinguish speech from conduct, for the purpose of excluding the latter from protection, is notoriously thorny (Fish 1994: 106), despite some notable attempts (such as Greenawalt 1989: 58ff). As John Hart Ely writes concerning Vietnam War protesters who incinerated their draft cards, such activity is “100% action and 100% expression” (1975: 1495). It is only once we understand why we should care about free speech in the first place—the values it instantiates or serves—that we can evaluate whether a law banning the burning of draft cards (or whatever else) violates free speech. It is the task of a normative conception of free speech to offer an account of the values at stake, which in turn can illuminate the kinds of activities wherein those values are realized, and the kinds of restrictions that manifest hostility to those values. For example, if free speech is justified by the value of respecting citizens’ prerogative to hear many points of view and to make up their own minds, then banning the burning of draft cards to limit the views to which citizens will be exposed is manifestly incompatible with that purpose. If, in contrast, such activity is banned as part of a generally applied ordinance restricting fires in public, it would likely raise no free-speech concerns. (For a recent analysis of this issue, see Kramer 2021: 25ff).

Accordingly, the next section discusses different conceptions of free speech that arise in the philosophical literature, each oriented to some underlying moral or political value. Before turning to the discussion of those conceptions, some further preliminary distinctions will be useful.

First, we can distinguish between the morality of free speech and the law of free speech. In political philosophy, one standard approach is to theorize free speech as a requirement of morality, tracing the implications of such a theory for law and policy. Note that while this is the order of justification, it need not be the order of investigation; it is perfectly sensible to begin by studying an existing legal protection for speech (such as the First Amendment in the U.S.) and then asking what could justify such a protection (or something like it).

But of course morality and law can diverge. The most obvious way they can diverge is when the law is unjust. Existing legal protections for speech, embodied in the positive law of particular jurisdictions, may be misguided in various ways. In other words, a justified legal right to free speech, and the actual legal right to free speech in the positive law of a particular jurisdiction, can come apart. In some cases, positive legal rights might protect too little speech. For example, some jurisdictions’ speech laws make exceptions for blasphemy, such that criminalizing blasphemy does not breach the legal right to free speech within that legal system. But clearly one could argue that a justified legal right to free speech would not include any such exception. In other cases, positive legal rights might perhaps protect too much speech. Consider the fact that, as a matter of U.S. constitutional precedent, the First Amendment broadly protects speech that expresses or incites racial or religious hatred. Plainly we could agree that this is so as a matter of positive law while disagreeing about whether it ought to be so. (This is most straightforwardly true if we are legal positivists. These distinctions are muddied by moralistic theories of constitutional interpretation, which enjoin us to interpret positive legal rights in a constitutional text partly through the prism of our favorite normative political theory; see Dworkin 1996.)

Second, we can distinguish rights-based theories of free speech from non-rights-based theories. For many liberals, the legal right to free speech is justified by appealing to an underlying moral right to free speech, understood as a natural right held by all persons. (Some use the term human right equivalently—e.g., Alexander 2005—though the appropriate usage of that term is contested.) The operative notion of a moral right here is that of a claim-right (to invoke the influential analysis of Hohfeld 1917); it thereby correlates to moral duties held by others (paradigmatically, the state) to respect or protect the right. Such a right is natural in that it exerts normative force independently of whether anyone thinks it does, and regardless of whether it is codified into the law. A tyrannical state that imprisons dissidents acts unjustly, violating moral rights, even if there is no legal right to freedom of expression in its legal system.

For others, the underlying moral justification for free speech law need not come in the form of a natural moral right. For example, consequentialists might favor a legal right to free speech (on, e.g., welfare-maximizing grounds) without thinking that it tracks any underlying natural right. Or consider democratic theorists who have defended legal protections for free speech as central to democracy. Such theorists may think there is an underlying natural moral right to free speech, but they need not (especially if they hold an instrumental justification for democracy). Or consider deontologists who have argued that free speech functions as a kind of side-constraint on legitimate state action, requiring that the state always justify its decisions in a manner that respects citizens’ autonomy (Scanlon 1972). This theory does not cast free speech as a right, but rather as a principle that forbids the creation of laws that restrict speech on certain grounds. In the Hohfeldian analysis (Hohfeld 1917), such a principle may be understood as an immunity rather than a claim-right (Scanlon 2013: 402). Finally, some “minimalists” (to use a designation in Cohen 1993) favor legal protection for speech principally in response to government malice, corruption, and incompetence (see Schauer 1982; Epstein 1992; Leiter 2016). Such theorists need not recognize any fundamental moral right, either.

Third, among those who do ground free speech in a natural moral right, there is scope for disagreement about how tightly the law should mirror that right (as with any right; see Buchanan 2013). It is an open question what the precise legal codification of the moral right to free speech should involve. A justified legal right to freedom of speech may not mirror the precise contours of the natural moral right to freedom of speech. A raft of instrumental concerns enters the downstream analysis of what any justified legal right should look like; hence a defensible legal right to free speech may protect more speech (or indeed less speech) than the underlying moral right that justifies it. For example, even if the moral right to free speech does not protect so-called hate speech, such speech may still merit legal protection in the final analysis (say, because it would be too risky to entrust states with the power to limit those communications).

2. Justifying Free Speech

I will now examine several of the morally significant considerations taken to justify freedom of expression. Note that while many theorists have built whole conceptions of free speech out of a single interest or value alone, pluralism in this domain remains an option. It may well be that a plurality of interests serves to justify freedom of expression, properly understood (see, influentially, Emerson 1970 and Cohen 1993).

Suppose a state bans certain books on the grounds that it does not want us to hear the messages or arguments contained within them. Such censorship seems to involve some kind of insult or disrespect to citizens—treating us like children instead of adults who have a right to make up our own minds. This insight is fundamental in the free speech tradition. On this view, the state wrongs citizens by arrogating to itself the authority to decide what messages they ought to hear. That is so even if the state thinks that the speech will cause harm. As one author puts it,

the government may not suppress speech on the ground that the speech is likely to persuade people to do something that the government considers harmful. (Strauss 1991: 335)

Why are restrictions on persuasive speech objectionable? For some scholars, the relevant wrong here is a form of disrespect for citizens’ basic capacities (Dworkin 1996: 200; Nagel 2002: 44). For others, the wrong here inheres in a violation of the kind of relationship the state should have with its people: namely, that it should always act from a view of them as autonomous, and so entitled to make up their own minds (Scanlon 1972). It would simply be incompatible with a view of ourselves as autonomous—as authors of our own lives and choices—to grant the state the authority to pre-screen which opinions, arguments, and perspectives we should be allowed to think through, allowing us access only to those of which it approves.

This position is especially well-suited to justify some central doctrines of First Amendment jurisprudence. First, it justifies the claim that freedom of expression especially implicates the purposes with which the state acts. There are all sorts of legitimate reasons why the state might restrict speech (so-called “time, place, and manner” restrictions)—for example, noise curfews in residential neighborhoods, which do not raise serious free speech concerns. Yet when the state restricts speech with the purpose of manipulating the communicative environment and controlling the views to which citizens are exposed, free speech is directly affronted (Rubenfeld 2001; Alexander 2005; Kramer 2021). To be sure, purposes are not all that matter for free speech theory. For example, the chilling effects of otherwise justified speech regulations (discussed below) are seldom intended. But they undoubtedly matter.

Second, this view justifies the related doctrines of content neutrality and viewpoint neutrality (see G. Stone 1983 and 1987) . Content neutrality is violated when the state bans discussion of certain topics (“no discussion of abortion”), whereas viewpoint neutrality is violated when the state bans advocacy of certain views (“no pro-choice views may be expressed”). Both affront free speech, though viewpoint-discrimination is especially egregious and so even harder to justify. While listener autonomy theories are not the only theories that can ground these commitments, they are in a strong position to account for their plausibility. Note that while these doctrines are central to the American approach to free speech, they are less central to other states’ jurisprudence (see A. Stone 2017).

Third, this approach helps us see that free speech is potentially implicated whenever the state seeks to control our thoughts and the processes through which we form beliefs. Consider an attempt to ban Marx’s Capital . As Marx is deceased, he is probably not wronged through such censorship. But even if one held idiosyncratic views about posthumous rights, such that Marx were wronged, it would be curious to think this was the central objection to such censorship. Those with the gravest complaint would be the living adults who have the prerogative to read the book and make up their own minds about it. Indeed free speech may even be implicated if the state banned watching sunsets or playing video games on the grounds that is disapproved of the thoughts to which such experiences might give rise (Alexander 2005: 8–9; Kramer 2021: 22).

These arguments emphasize the noninstrumental imperative of respecting listener autonomy. But there is an instrumental version of the view. Our autonomy interests are not merely respected by free speech; they are promoted by an environment in which we learn what others have to say. Our interests in access to information is served by exposure to a wide range of viewpoints about both empirical and normative issues (Cohen 1993: 229), which help us reflect on what goals to choose and how best to pursue them. These informational interests are monumental. As Raz suggests, if we had to choose whether to express our own views on some question, or listen to the rest of humanity’s views on that question, we would choose the latter; it is our interest as listeners in the public good of a vibrant public discourse that, he thinks, centrally justifies free speech (1991).

Such an interest in acquiring justified beliefs, or in accessing truth, can be defended as part of a fully consequentialist political philosophy. J.S. Mill famously defends free speech instrumentally, appealing to its epistemic benefits in On Liberty . Mill believes that, given our fallibility, we should routinely keep an open mind as to whether a seemingly false view may actually be true, or at least contain some valuable grain of truth. And even where a proposition is manifestly false, there is value in allowing its expression so that we can better apprehend why we take it to be false (1859: chapter 2), enabled through discursive conflict (cf. Simpson 2021). Mill’s argument focuses especially on the benefits to audiences:

It is is not on the impassioned partisan, it is on the calmer and more disinterested bystander, that this collision of opinions works its salutary effect. (1859: chapter 2, p. 94)

These views are sometimes associated with the idea of a “marketplace of ideas”, whereby the open clash of views inevitably leads to the correct ones winning out in debate. Few in the contemporary literature holds such a strong teleological thesis about the consequences of unrestricted debate (e.g., see Brietzke 1997; cf. Volokh 2011). Much evidence from behavioral economics and social psychology, as well as insights about epistemic injustice from feminist epistemology, strongly suggest that human beings’ rational powers are seriously limited. Smug confidence in the marketplace of ideas belies this. Yet it is doubtful that Mill held such a strong teleological thesis (Gordon 1997). Mill’s point was not that unrestricted discussion necessarily leads people to acquire the truth. Rather, it is simply the best mechanism available for ascertaining the truth, relative to alternatives in which some arbiter declares what he sees as true and suppresses what he sees as false (see also Leiter 2016).

Note that Mill’s views on free speech in chapter 2 in On Liberty are not simply the application of the general liberty principle defended in chapter 1 of that work; his view is not that speech is anodyne and therefore seldom runs afoul of the harm principle. The reason a separate argument is necessary in chapter 2 is precisely that he is carving out a partial qualification of the harm principle for speech (on this issue see Jacobson 2000, Schauer 2011b, and Turner 2014). On Mill’s view, plenty of harmful speech should still be allowed. Imminently dangerous speech, where there is no time for discussion before harm eventuates, may be restricted; but where there is time for discussion, it must be allowed. Hence Mill’s famous example that vociferous criticism of corn dealers as

starvers of the poor…ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer. (1859: chapter 3, p. 100)

The point is not that such speech is harmless; it’s that the instrumental benefits of permitting its expressions—and exposing its falsehood through public argument—justify the (remaining) costs.

Many authors have unsurprisingly argued that free speech is justified by our interests as speakers . This family of arguments emphasizes the role of speech in the development and exercise of our personal autonomy—our capacity to be the reflective authors of our own lives (Baker 1989; Redish 1982; Rawls 2005). Here an emphasis on freedom of expression is apt; we have an “expressive interest” (Cohen 1993: 224) in declaring our views—about the good life, about justice, about our identity, and about other aspects of the truth as we see it.

Our interests in self-expression may not always depend on the availability of a willing audience; we may have interests simply in shouting from the rooftops to declare who we are and what we believe, regardless of who else hears us. Hence communications to oneself—for example, in a diary or journal—are plausibly protected from interference (Redish 1992: 30–1; Shiffrin 2014: 83, 93; Kramer 2021: 23).

Yet we also have distinctive interests in sharing what we think with others. Part of how we develop our conceptions of the good life, forming judgments about how to live, is precisely through talking through the matter with others. This “deliberative interest” in directly served through opportunities to tell others what we think, so that we can learn from their feedback (Cohen 1993). Such encounters also offer opportunities to persuade others to adopt our views, and indeed to learn through such discussions who else already shares our views (Raz 1991).

Speech also seems like a central way in which we develop our capacities. This, too, is central to J.S. Mill’s defense of free speech, enabling people to explore different perspectives and points of view (1859). Hence it seems that when children engage in speech, to figure out what they think and to use their imagination to try out different ways of being in the world, they are directly engaging this interest. That explains the intuition that children, and not just adults, merit at least some protection under a principle of freedom of speech.

Note that while it is common to refer to speaker autonomy , we could simply refer to speakers’ capacities. Some political liberals hold that an emphasis on autonomy is objectionably Kantian or otherwise perfectionist, valorizing autonomy as a comprehensive moral ideal in a manner that is inappropriate for a liberal state (Cohen 1993: 229; Quong 2011). For such theorists, an undue emphasis on autonomy is incompatible with ideals of liberal neutrality toward different comprehensive conceptions of the good life (though cf. Shiffrin 2014: 81).

If free speech is justified by the importance of our interests in expressing ourselves, this justifies negative duties to refrain from interfering with speakers without adequate justification. Just as with listener theories, a strong presumption against content-based restrictions, and especially against viewpoint discrimination, is a clear requirement of the view. For the state to restrict citizens’ speech on the grounds that it disfavors what they have to say would affront the equal freedom of citizens. Imagine the state were to disallow the expression of Muslim or Jewish views, but allow the expression of Christian views. This would plainly transgress the right to freedom of expression, by valuing certain speakers’ interests in expressing themselves over others.

Many arguments for the right to free speech center on its special significance for democracy (Cohen 1993; Heinze 2016: Heyman 2009; Sunstein 1993; Weinstein 2011; Post 1991, 2009, 2011). It is possible to defend free speech on the noninstrumental ground that it is necessary to respect agents as democratic citizens. To restrict citizens’ speech is to disrespect their status as free and equal moral agents, who have a moral right to debate and decide the law for themselves (Rawls 2005).

Alternatively (or additionally), one can defend free speech on the instrumental ground that free speech promotes democracy, or whatever values democracy is meant to serve. So, for example, suppose the purpose of democracy is the republican one of establishing a state of non-domination between relationally egalitarian citizens; free speech can be defended as promoting that relation (Whitten 2022; Bonotti & Seglow 2022). Or suppose that democracy is valuable because of its role in promoting just outcomes (Arneson 2009) or tending to track those outcomes in a manner than is publicly justifiable (Estlund 2008) or is otherwise epistemically valuable (Landemore 2013).

Perhaps free speech doesn’t merely respect or promote democracy; another framing is that it is constitutive of it (Meiklejohn 1948, 1960; Heinze 2016). As Rawls says: “to restrict or suppress free political speech…always implies at least a partial suspension of democracy” (2005: 254). On this view, to be committed to democracy just is , in part, to be committed to free speech. Deliberative democrats famously contend that voting merely punctuates a larger process defined by a commitment to open deliberation among free and equal citizens (Gutmann & Thompson 2008). Such an unrestricted discussion is marked not by considerations of instrumental rationality and market forces, but rather, as Habermas puts it, “the unforced force of the better argument” (1992 [1996: 37]). One crucial way in which free speech might be constitutive of democracy is if it serves as a legitimation condition . On this view, without a process of open public discourse, the outcomes of the democratic decision-making process lack legitimacy (Dworkin 2009, Brettschneider 2012: 75–78, Cohen 1997, and Heinze 2016).

Those who justify free speech on democratic grounds may view this as a special application of a more general insight. For example, Scanlon’s listener theory (discussed above) contends that the state must always respect its citizens as capable of making up their own minds (1972)—a position with clear democratic implications. Likewise, Baker is adamant that both free speech and democracy are justified by the same underlying value of autonomy (2009). And while Rawls sees the democratic role of free speech as worthy of emphasis, he is clear that free speech is one of several basic liberties that enable the development and exercise of our moral powers: our capacities for a sense of justice and for the rational pursuit a lifeplan (2005). In this way, many theorists see the continuity between free speech and our broader interests as moral agents as a virtue, not a drawback (e.g., Kendrick 2017).

Even so, some democracy theorists hold that democracy has a special role in a theory of free speech, such that political speech in particular merits special protection (for an overview, see Barendt 2005: 154ff). One consequence of such views is that contributions to public discourse on political questions merit greater protection under the law (Sunstein 1993; cf. Cohen 1993: 227; Alexander 2005: 137–8). For some scholars, this may reflect instrumental anxieties about the special danger that the state will restrict the political speech of opponents and dissenters. But for others, an emphasis on political speech seems to reflect a normative claim that such speech is genuinely of greater significance, meriting greater protection, than other kinds of speech.

While conventional in the free speech literature, it is artificial to separate out our interests as speakers, listeners, and democratic citizens. Communication, and the thinking that feeds into it and that it enables, invariably engages our interests and activities across all these capacities. This insight is central to Seana Shiffrin’s groundbreaking thinker-based theory of freedom of speech, which seeks to unify the range of considerations that have informed the traditional theories (2014). Like other theories (e.g., Scanlon 1978, Cohen 1993), Shiffrin’s theory is pluralist in the range of interests it appeals to. But it offers a unifying framework that explains why this range of interests merits protection together.

On Shiffrin’s view, freedom of speech is best understood as encompassing both freedom of communication and freedom of thought, which while logically distinct are mutually reinforcing and interdependent (Shiffrin 2014: 79). Shiffrin’s account involves several profound claims about the relation between communication and thought. A central contention is that “free speech is essential to the development, functioning, and operation of thinkers” (2014: 91). This is, in part, because we must often externalize our ideas to articulate them precisely and hold them at a distance where we can evaluate them (p. 89). It is also because we work out what we think largely by talking it through with others. Such communicative processes may be monological, but they are typically dialogical; speaker and listener interests are thereby mutually engaged in an ongoing manner that cannot be neatly disentangled, as ideas are ping-ponged back and forth. Moreover, such discussions may concern democratic politics—engaging our interests as democratic citizens—but of course they need not. Aesthetics, music, local sports, the existence of God—these all are encompassed (2014: 92–93). Pace prevailing democratic theories,

One’s thoughts about political affairs are intrinsically and ex ante no more and no less central to the human self than thoughts about one’s mortality or one’s friends. (Shiffrin 2014: 93)

The other central aspect of Shiffrin’s view appeals to the necessity of communication for successfully exercising our moral agency. Sincere communication enables us

to share needs, emotions, intentions, convictions, ambitions, desires, fantasies, disappointments, and judgments. Thereby, we are enabled to form and execute complex cooperative plans, to understand one another, to appreciate and negotiate around our differences. (2014: 1)

Without clear and precise communication of the sort that only speech can provide, we cannot cooperate to discharge our collective obligations. Nor can we exercise our normative powers (such as consenting, waiving, or promising). Our moral agency thus depends upon protected channels through which we can relay our sincere thoughts to one another. The central role of free speech is to protect those channels, by ensuring agents are free to share what they are thinking without fear of sanction.

The thinker-based view has wide-ranging normative implications. For example, by emphasizing the continuity of speech and thought (a connection also noted in Macklem 2006 and Gilmore 2011), Shiffrin’s view powerfully explains the First Amendment doctrine that compelled speech also constitutes a violation of freedom of expression. Traditional listener- and speaker-focused theories seemingly cannot explain what is fundamentally objectionable with forcing someone to declare a commitment to something, as with children compelled to pledge allegiance to the American flag ( West Virginia State Board of Education v. Barnette 1943). “What seems most troubling about the compelled pledge”, Shiffrin writes,

is that the motive behind the regulation, and its possible effect, is to interfere with the autonomous thought processes of the compelled speaker. (2014: 94)

Further, Shiffrin’s view explains why a concern for free speech does not merely correlate to negative duties not to interfere with expression; it also supports positive responsibilities on the part of the state to educate citizens, encouraging and supporting their development and exercise as thinking beings (2014: 107).

Consider briefly one final family of free speech theories, which appeal to the role of toleration or self-restraint. On one argument, freedom of speech is important because it develops our character as liberal citizens, helping us tame our illiberal impulses. The underlying idea of Lee Bollinger’s view is that liberalism is difficult; we recurrently face temptation to punish those who hold contrary views. Freedom of speech helps us to practice the general ethos of toleration in a manner than fortifies our liberal convictions (1986). Deeply offensive speech, like pro-Nazi speech, is protected precisely because toleration in these enormously difficult cases promotes “a general social ethic” of toleration more generally (1986: 248), thereby restraining unjust exercises of state power overall. This consequentialist argument treats the protection of offensive speech not as a tricky borderline case, but as “integral to the central functions of the principle of free speech” (1986: 133). It is precisely because tolerating evil speech involves “extraordinary self-restraint” (1986: 10) that it works its salutary effects on society generally.

The idea of self-restraint arises, too, in Matthew Kramer’s recent defense of free speech. Like listener theories, Kramer’s strongly deontological theory condemns censorship aimed at protecting audiences from exposure to misguided views. At the core of his theory is the thesis that the state’s paramount moral responsibility is to furnish the social conditions that serve the development and maintenance of citizens’ self-respect and respect for others. The achievement of such an ethically resilient citizenry, on Kramer’s view, has the effect of neutering the harmfulness of countless harmful communications. “Securely in a position of ethical strength”, the state “can treat the wares of pornographers and the maunderings of bigots as execrable chirps that are to be endured with contempt” (Kramer 2021: 147). In contrast, in a society where the state has failed to do its duty of inculcating a robust liberal-egalitarian ethos, the communication of illiberal creeds may well pose a substantial threat. Yet for the state then to react by banning such speech is

overweening because with them the system’s officials take control of communications that should have been defused (through the system’s fulfillment of its moral obligations) without prohibitory or preventative impositions. (2021: 147)

(One might agree with Kramer that this is so, but diverge by arguing that the state—having failed in its initial duty—ought to take measures to prevent the harms that flow from that failure.)

These theories are striking in that they assume that a chief task of free speech theory is to explain why harmful speech ought to be protected. This is in contrast to those who think that the chief task of free speech theory is to explain our interests in communicating with others, treating the further issue of whether (wrongfully) harmful communications should be protected as an open question, with different reasonable answers available (Kendrick 2017). In this way, toleration theories—alongside a lot of philosophical work on free speech—seem designed to vindicate the demanding American legal position on free speech, one unshared by virtually all other liberal democracies.

One final family of arguments for free speech appeals to the danger of granting the state powers it may abuse. On this view, we protect free speech chiefly because if we didn’t, it would be far easier for the state to silence its political opponents and enact unjust policies. On this view, a state with censorial powers is likely to abuse them. As Richard Epstein notes, focusing on the American case,

the entire structure of federalism, divided government, and the system of checks and balances at the federal level shows that the theme of distrust has worked itself into the warp and woof of our constitutional structure.

“The protection of speech”, he writes, “…should be read in light of these political concerns” (Epstein 1992: 49).

This view is not merely a restatement of the democracy theory; it does not affirm free speech as an element of valuable self-governance. Nor does it reduce to the uncontroversial thought that citizens need freedom of speech to check the behavior of fallible government agents (Blasi 1977). One need not imagine human beings to be particularly sinister to insist (as democracy theorists do) that the decisions of those entrusted with great power be subject to public discussion and scrutiny. The argument under consideration here is more pessimistic about human nature. It is an argument about the slippery slope that we create even when enacting (otherwise justified) speech restrictions; we set an unacceptable precedent for future conduct by the state (see Schauer 1985). While this argument is theoretical, there is clearly historical evidence for it, as in the manifold cases in which bans on dangerous sedition were used to suppress legitimate war protest. (For a sweeping canonical study of the uses and abuses of speech regulations during wartime, with a focus on U.S. history, see G. Stone 2004.)

These instrumental concerns could potentially justify the legal protection for free speech. But they do not to attempt to justify why we should care about free speech as a positive moral ideal (Shiffrin 2014: 83n); they are, in Cohen’s helpful terminology, “minimalist” rather than “maximalist” (Cohen 1993: 210). Accordingly, they cannot explain why free speech is something that even the most trustworthy, morally competent administrations, with little risk of corruption or degeneration, ought to respect. Of course, minimalists will deny that accounting for speech’s positive value is a requirement of a theory of free speech, and that critiquing them for this omission begs the question.

Pluralists may see instrumental concerns as valuably supplementing or qualifying noninstrumental views. For example, instrumental concerns may play a role in justifying deviations between the moral right to free communication, on the one hand, and a properly specified legal right to free communication, on the other. Suppose that there is no moral right to engage in certain forms of harmful expression (such as hate speech), and that there is in fact a moral duty to refrain from such expression. Even so, it does not follow automatically that such a right ought to be legally enforced. Concerns about the dangers of granting the state such power plausibly militate against the enforcement of at least some of our communicative duties—at least in those jurisdictions that lack robust and competently administered liberal-democratic safeguards.

This entry has canvassed a range of views about what justifies freedom of expression, with particular attention to theories that conceive free speech as a natural moral right. Clearly, the proponents of such views believe that they succeed in this justificatory effort. But others dissent, doubting that the case for a bona fide moral right to free speech comes through. Let us briefly note the nature of this challenge from free speech skeptics , exploring a prominent line of reply.

The challenge from skeptics is generally understood as that of showing that free speech is a special right . As Leslie Kendrick notes,

the term “special right” generally requires that a special right be entirely distinct from other rights and activities and that it receive a very high degree of protection. (2017: 90)

(Note that this usage is not to be confused from the alternative usage of “special right”, referring to conditional rights arising out of particular relationships; see Hart 1955.)

Take each aspect in turn. First, to vindicate free speech as a special right, it must serve some distinctive value or interest (Schauer 2015). Suppose free speech were just an implication of a general principle not to interfere in people’s liberty without justification. As Joel Feinberg puts it, “Liberty should be the norm; coercion always needs some special justification” (1984: 9). In such a case, then while there still might be contingent, historical reasons to single speech out in law as worthy of protection (Alexander 2005: 186), such reasons would not track anything especially distinctive about speech as an underlying moral matter. Second, to count as a special right, free speech must be robust in what it protects, such that only a compelling justification can override it (Dworkin 2013: 131). This captures the conviction, prominent among American constitutional theorists, that “any robust free speech principle must protect at least some harmful speech despite the harm it may cause” (Schauer 2011b: 81; see also Schauer 1982).

If the task of justifying a moral right to free speech requires surmounting both hurdles, it is a tall order. Skeptics about a special right to free speech doubt that the order can be met, and so deny that a natural moral right to freedom of expression can be justified (Schauer 2015; Alexander & Horton 1983; Alexander 2005; Husak 1985). But these theorists may be demanding too much (Kendrick 2017). Start with the claim that free speech must be distinctive. We can accept that free speech be more than simply one implication of a general presumption of liberty. But need it be wholly distinctive? Consider the thesis that free speech is justified by our autonomy interests—interests that justify other rights such as freedom of religion and association. Is it a problem if free speech is justified by interests that are continuous with, or overlap with, interests that justify other rights? Pace the free speech skeptics, maybe not. So long as such claims deserve special recognition, and are worth distinguishing by name, this may be enough (Kendrick 2017: 101). Many of the views canvassed above share normative bases with other important rights. For example, Rawls is clear that he thinks all the basic liberties constitute

essential social conditions for the adequate development and full exercise of the two powers of moral personality over a complete life. (Rawls 2005: 293)

The debate, then, is whether such a shared basis is a theoretical virtue (or at least theoretically unproblematic) or whether it is a theoretical vice, as the skeptics avow.

As for the claim that free speech must be robust, protecting harmful speech, “it is not necessary for a free speech right to protect harmful speech in order for it to be called a free speech right” (Kendrick 2017: 102). We do not tend to think that religious liberty must protect harmful religious activities for it to count as a special right. So it would be strange to insist that the right to free speech must meet this burden to count as a special right. Most of the theorists mentioned above take themselves to be offering views that protect quite a lot of harmful speech. Yet we can question whether this feature is a necessary component of their views, or whether we could imagine variations without this result.

3. Justifying Speech Restrictions

When, and why, can restrictions on speech be justified? It is common in public debate on free speech to hear the provocative claim that free speech is absolute . But the plausibility of such a claim depends on what is exactly meant by it. If understood to mean that no communications between humans can ever be restricted, such a view is held by no one in the philosophical debate. When I threaten to kill you unless you hand me your money; when I offer to bribe the security guard to let me access the bank vault; when I disclose insider information that the company in which you’re heavily invested is about to go bust; when I defame you by falsely posting online that you’re a child abuser; when I endanger you by labeling a drug as safe despite its potentially fatal side-effects; when I reveal your whereabouts to assist a murderer intent on killing you—across all these cases, communications may be uncontroversially restricted. But there are different views as to why.

To help organize such views, consider a set of distinctions influentially defended by Schauer (from 1982 onward). The first category involves uncovered speech : speech that does not even presumptively fall within the scope of a principle of free expression. Many of the speech-acts just canvassed, such as the speech involved in making a threat or insider training, plausibly count as uncovered speech. As the U.S. Supreme Court has said of fighting words (e.g., insults calculated to provoke a street fight),

such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. ( Chaplinsky v. New Hampshire 1942)

The general idea here is that some speech simply has negligible—and often no —value as free speech, in light of its utter disconnection from the values that justify free speech in the first place. (For discussion of so-called “low-value speech” in the U.S. context, see Sunstein 1989 and Lakier 2015.) Accordingly, when such low-value speech is harmful, it is particularly easy to justify its curtailment. Hence the Court’s view that “the prevention and punishment of [this speech] have never been thought to raise any Constitutional problem”. For legislation restricting such speech, the U.S. Supreme Court applies a “rational basis” test, which is very easy to meet, as it simply asks whether the law is rationally related to a legitimate state interest. (Note that it is widely held that it would still be impermissible to selectively ban low-value speech on a viewpoint-discriminatory basis—e.g., if a state only banned fighting words from left-wing activists while allowing them from right-wing activists.)

Schauer’s next category concerns speech that is covered but unprotected . This is speech that engages the values that underpin free speech; yet the countervailing harm of the speech justifies its restriction. In such cases, while there is real value in such expression as free speech, that value is outweighed by competing normative concerns (or even, as we will see below, on behalf of the very values that underpin free speech). In U.S. constitutional jurisprudence, this category encompasses those extremely rare cases in which restrictions on political speech pass the “strict scrutiny” test, whereby narrow restrictions on high-value speech can be justified due to the compelling state interests thereby served. Consider Holder v. Humanitarian Law Project 2010, in which the Court held that an NGO’s legal advice to a terrorist organization on how to pursue peaceful legal channels were legitimately criminalized under a counter-terrorism statute. While such speech had value as free speech (at least on one interpretation of this contested ruling), the imperative of counter-terrorism justified its restriction. (Arguably, commercial speech, while sometimes called low-value speech by scholars, falls into the covered but unprotected category. Under U.S. law, legislation restricting it receives “intermediate scrutiny” by courts—requiring restrictions to be narrowly drawn to advance a substantial government interest. Such a test suggests that commercial speech has bona fide free-speech value, making it harder to justify regulations on it than regulations on genuinely low-value speech like fighting words. It simply doesn’t have as much free-speech value as categories like political speech, religious speech, or press speech, all of which trigger the strict scrutiny test when restricted.)

As a philosophical matter, we can reasonably disagree about what speech qualifies as covered but unprotected (and need not treat the verdicts of the U.S. Supreme Court as philosophically decisive). For example, consider politically-inflected hate speech, which advances repugnant ideas about the inferior status of certain groups. One could concur that there is substantial free-speech value in such expression, just because it involves the sincere expression of views about central questions of politics and justice (however misguided the views doubtlessly are). Yet one could nevertheless hold that such speech should not be protected in virtue of the substantial harms to which it can lead. In such cases, the free-speech value is outweighed. Many scholars who defend the permissibility of legal restrictions on hate speech hold such a view (e.g., Parekh 2012; Waldron 2012). (More radically, one could hold that such speech’s value is corrupted by its evil, such that it qualifies as genuinely low-value; Howard 2019a.)

The final category of speech encompasses expression that is covered and protected . To declare that speech is protected just is to conclude that it is immune from restriction. A preponderance of human communications fall into this category. This does not mean that such speech can never be regulated ; content-neutral time, place, and manner regulations (e.g., prohibiting loud nighttime protests) can certainly be justified (G. Stone 1987). But such regulations must not be viewpoint discriminatory; they must apply even-handedly across all forms of protected speech.

Schauer’s taxonomy offers a useful organizing framework for how we should think about different forms of speech. Where does it leave the claim that free speech is absolute? The possibility of speech that is covered but unprotected suggests that free speech should sometimes be restricted on account of rival normative concerns. Of course, one could contend that such a category, while logically possible, is substantively an empty set; such a position would involve some kind of absoluteness about free speech (holding that where free-speech values are engaged by expression, no countervailing values can ever be weighty enough to override them). Such a position would be absolutist in a certain sense while granting the permissibility of restrictions on speech that do not engage the free-speech values. (For a recent critique of Schauer’s framework, arguing that governmental designation of some speech as low-value is incompatible with the very ideal of free speech, see Kramer 2021: 31.)

In what follows, this entry will focus on Schauer’s second category: speech that is covered by a free speech principle, but is nevertheless unprotected because of the harms it causes. How do we determine what speech falls into this category? How, in other words, do we determine the limits of free speech? Unsurprisingly, this is where most of the controversy lies.

Most legal systems that protect free speech recognize that the right has limits. Consider, for example, international human rights law, which emphatically protects the freedom of speech as a fundamental human right while also affirming specific restrictions on certain seriously harmful speech. Article 19 of the International Covenant of Civil and Political Rights declares that “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds”—but then immediately notes that this right “carries with it special duties and responsibilities”. The subsequent ICCPR article proceeds to endorse legal restrictions on “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”, as well as speech constituting “propaganda for war” (ICCPR). While such restrictions would plainly be struck down as unconstitutional affronts to free speech in the U.S., this more restrictive approach prevails in most liberal democracies’ treatment of harmful speech.

Set aside the legal issue for now. How should we think about how to determine the limits of the moral right free speech? Those seeking to justify limits on speech tend to appeal to one of two strategies (Howard and Simpson forthcoming). The first strategy appeals to the importance of balancing free speech against other moral values when they come into conflict. This strategy involves external limits on free speech. (The next strategy, discussed below, invokes free speech itself, or the values that justify it, as limit-setting rationales; it thus involves internal limits on free speech.)

A balancing approach recognizes a moral conflict between unfettered communication and external values. Consider again the case of hate speech, understood as expression that attacks members of socially vulnerable groups as inferior or dangerous. On all of the theories canvassed above, there are grounds for thinking that restrictions on hate speech are prima facie in violation of the moral right to free speech. Banning hate speech to prevent people from hearing ideas that might incline them to bigotry plainly seems to disrespect listener autonomy. Further, even when speakers are expressing prejudiced views, they are still engaging their autonomous faculties. Certainly, they are expressing views on questions of public political concern, even false ones. And as thinkers they are engaged in the communication of sincere testimony to others. On many of the leading theories, the values underpinning free speech seem to be militate against bans on hate speech.

Even so, other values matter. Consider, for example, the value of upholding the equal dignity of all citizens. A central insight of critical race theory is that public expressions of white supremacy, for example, attack and undermine that equal dignity (Matsuda, Lawrence, Delgado, & Crenshaw 1993). On Jeremy Waldron’s view (2012), hate speech is best understood as a form of group defamation, launching spurious attacks on others’ reputations and thereby undermining their standing as respected equals in their own community (relatedly, see Beauharnais v. Illinois 1952).

Countries that ban hate speech, accordingly, are plausibly understood not as opposed to free speech, but as recognizing the importance that it be balanced when conflicting with other values. Such balancing can be understood in different ways. In European human rights law, for example, the relevant idea is that the right to free speech is balanced against other rights ; the relevant task, accordingly, is to specify what counts as a proportionate balance between these rights (see Alexy 2003; J. Greene 2021).

For others, the very idea of balancing rights undermines their deontic character. This alternative framing holds that the balancing occurs before we specify what rights are; on this view, we balance interests against each other, and only once we’ve undertaken that balancing do we proceed to define what our rights protect. As Scanlon puts it,

The only balancing is balancing of interests. Rights are not balanced, but are defined, or redefined, in the light of the balance of interests and of empirical facts about how these interests can best be protected. (2008: 78)

This balancing need not come in the form of some crude consequentialism; otherwise it would be acceptable to limit the rights of the few to secure trivial benefits for the many. On a contractualist moral theory such as Scanlon’s, the test is to assess the strength of any given individual’s reason to engage in (or access) the speech, against the strength of any given individual’s reason to oppose it.

Note that those who engage in balancing need not give up on the idea of viewpoint neutrality; they can accept that, as a general principle, the state should not restrict speech on the grounds that it disapproves of its message and dislikes that others will hear it. The point, instead, is that this commitment is defeasible; it is possible to be overridden.

One final comment is apt. Those who are keen to balance free speech against other values tend to be motivated by the concern that speech can cause harm, either directly or indirectly (on this distinction, see Schauer 1993). But to justify restrictions on speech, it is not sufficient (and perhaps not even necessary) to show that such speech imposes or risks imposing harm. The crucial point is that the speech is wrongful (or, perhaps, wrongfully harmful or risky) , breaching a moral duty that speakers owe to others. Yet very few in the free speech literature think that the mere offensiveness of speech is sufficient to justify restrictions on it. Even Joel Feinberg, who thinks offensiveness can sometimes be grounds for restricting conduct, makes a sweeping exception for

[e]xpressions of opinion, especially about matters of public policy, but also about matters of empirical fact, and about historical, scientific, theological, philosophical, political, and moral questions. (1985: 44)

And in many cases, offensive speech may be actively salutary, as when racists are offended by defenses of racial equality (Waldron 1987). Accordingly, despite how large it looms in public debate, discussion of offensive speech will not play a major role in the discussion here.

We saw that one way to justify limits on free speech is to balance it against other values. On that approach, free speech is externally constrained. A second approach, in contrast, is internally constrained. On this approach, the very values that justify free speech themselves determine its own limits. This is a revisionist approach to free speech since, unlike orthodox thinking, it contends that a commitment to free speech values can counterintuitively support the restriction of speech—a surprising inversion of traditional thinking on the topic (see Howard and Simpson forthcoming). This move—justifying restrictions on speech by appealing to the values that underpin free speech—is now prevalent in the philosophical literature (for an overview, see Barendt 2005: 1ff).

Consider, for example, the claim that free speech is justified by concerns of listener autonomy. On such a view, as we saw above, autonomous citizens have interests in exposure to a wide range of viewpoints, so that they can decide for themselves what to believe. But many have pointed out that this is not autonomous citizens’ only interest; they also have interests in not getting murdered by those incited by incendiary speakers (Amdur 1980). Likewise, insofar as being targeted by hate speech undermines the exercise of one’s autonomous capacities, appeal to the underlying value of autonomy could well support restrictions on such speech (Brison 1998; see also Brink 2001). What’s more, if our interests as listeners in acquiring accurate information is undermined by fraudulent information, then restrictions on such information could well be compatible with our status as autonomous; this was one of the insights that led Scanlon to complicate his theory of free speech (1978).

Or consider the theory that free speech is justified because of its role in enabling autonomous speakers to express themselves. But as Japa Pallikkathayil has argued, some speech can intimidate its audiences into staying silent (as with some hate speech), out of fear for what will happen if they speak up (Pallikkathayil 2020). In principle, then, restrictions on hate speech may serve to support the value of speaker expression, rather than undermine it (see also Langton 2018; Maitra 2009; Maitra & McGowan 2007; and Matsuda 1989: 2337). Indeed, among the most prominent claims in feminist critiques of pornography is precisely that it silences women—not merely through its (perlocutionary) effects in inspiring rape, but more insidiously through its (illocutionary) effects in altering the force of the word “no” (see MacKinnon 1984; Langton 1993; and West 204 [2022]; McGowan 2003 and 2019; cf. Kramer 2021, pp. 160ff).

Now consider democracy theories. On the one hand, democracy theorists are adamant that citizens should be free to discuss any proposals, even the destruction of democracy itself (e.g., Meiklejohn 1948: 65–66). On the other hand, it isn’t obvious why citizens’ duties as democratic citizens could not set a limit to their democratic speech rights (Howard 2019a). The Nazi propagandist Goebbels is said to have remarked:

This will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed. (as quoted in Fox & Nolte 1995: 1)

But it is not clear why this is necessarily so. Why should we insist on a conception of democracy that contains a self-destruct mechanism? Merely stipulating that democracy requires this is not enough (see A. Greene and Simpson 2017).

Finally, consider Shiffrin’s thinker-based theory. Shiffrin’s view is especially well-placed to explain why varieties of harmful communications are protected speech; what the theory values is the sincere transmission of veridical testimony, whereby speakers disclose what they genuinely believe to others, even if what they believe is wrongheaded and dangerous. Yet because the sincere testimony of thinkers is what qualifies some communication for protection, Shiffrin is adamant that lying falls outside the protective ambit of freedom of expression (2014) This, then, sets an internal limit on her own theory (even if she herself disfavors all lies’ outright prohibition for reasons of tolerance). The claim that lying falls outside the protective ambit of free speech is itself a recurrent suggestion in the literature (Strauss 1991: 355; Brown 2023). In an era of rampant disinformation, this internal limit is of substantial practical significance.

Suppose the moral right (or principle) of free speech is limited, as most think, such that not all communications fall within its protective ambit (either for external reasons, internal reasons, or both). Even so, it does not follow that laws banning such unprotected speech can be justified all-things-considered. Further moral tests must be passed before any particular policy restricting speech can be justified. This sub-section focuses on the requirement that speech restrictions be proportionate .

The idea that laws implicating fundamental rights must be proportionate is central in many jurisdictions’ constitutional law, as well as in the international law of human rights. As a representative example, consider the specification of proportionality offered by the Supreme Court of Canada:

First, the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair, or based on irrational considerations. In short, they must be rationally connected to the objective. Second, the means, even if rationally connected to the objective in this first sense, should impair “as little as possible” the right or freedom in question[…] Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of “sufficient importance” ( R v. Oakes 1986).

It is this third element (often called “proportionality stricto sensu ”) on which we will concentrate here; this is the focused sense of proportionality that roughly tracks how the term is used in the philosophical literatures on defensive harm and war, as well as (with some relevant differences) criminal punishment. (The strict scrutiny and intermediate scrutiny tests of U.S. constitutional law are arguably variations of the proportionality test; but set aside this complication for now as it distracts from the core philosophical issues. For relevant legal discussion, see Tsesis 2020.)

Proportionality, in the strict sense, concerns the relation between the costs or harms imposed by some measure and the benefits that the measure is designed to secure. The organizing distinction in recent philosophical literature (albeit largely missing in the literature on free speech) is one between narrow proportionality and wide proportionality . While there are different ways to cut up the terrain between these terms, let us stipulatively define them as follows. An interference is narrowly proportionate just in case the intended target of the interference is liable to bear the costs of that interference. An interference is widely proportionate just in case the collateral costs that the interference unintentionally imposes on others can be justified. (This distinction largely follows the literature in just war theory and the ethics of defensive force; see McMahan 2009.) While the distinction is historically absent from free speech theory, it has powerful payoffs in helping to structure this chaotic debate (as argued in Howard 2019a).

So start with the idea that restrictions on communication must be narrowly proportionate . For a restriction to be narrowly proportionate, those whose communications are restricted must be liable to bear their costs, such that they are not wronged by their imposition. One standard way to be liable to bear certain costs is to have a moral duty to bear them (Tadros 2012). So, for example, if speakers have a moral duty to refrain from libel, hate speech, or some other form of harmful speech, they are liable to bear at least some costs involved in the enforcement of that duty. Those costs cannot be unlimited; a policy of executing hate speakers could not plausibly be justified. Typically, in both defensive and punitive contexts, wrongdoers’ liability is determined by their culpability, the severity of their wrong, or some combination of the two. While it is difficult to say in the abstract what the precise maximal cost ceiling is for any given restriction, as it depends hugely on the details, the point is simply that there is some ceiling above which a speech restriction (like any restriction) imposes unacceptably high costs, even on wrongdoers.

Second, for a speech restriction to be justified, we must also show that it would be widely proportionate . Suppose a speaker is liable to bear the costs of some policy restricting her communication, such that she is not wronged by its imposition. It may be that the collateral costs of such a policy would render it unacceptable. One set of costs is chilling effects , the “overdeterrence of benign conduct that occurs incidentally to a law’s legitimate purpose or scope” (Kendrick 2013: 1649). The core idea is that laws targeting unprotected, legitimately proscribed expression may nevertheless end up having a deleterious impact on protected expression. This is because laws are often vague, overbroad, and in any case are likely to be misapplied by fallible officials (Schauer 1978: 699).

Note that if a speech restriction produces chilling effects, it does not follow that the restriction should not exist at all. Rather, concern about chilling effects instead suggests that speech restrictions should be under-inclusive—restricting less speech than is actually harmful—in order to create “breathing space”, or “a buffer zone of strategic protection” (Schauer 1978: 710) for legitimate expression and so reduce unwanted self-censorship. For example, some have argued that even though speech can cause harm recklessly or negligently, we should insist on specific intent as the mens rea of speech crimes in order to reduce any chilling effects that could follow (Alexander 1995: 21–128; Schauer 1978: 707; cf. Kendrick 2013).

But chilling effects are not the only sort of collateral effects to which speech restrictions could lead. Earlier we noted the risk that states might abuse their censorial powers. This, too, could militate in favor of underinclusive speech restrictions. Or the implication could be more radical. Consider the problem that it is difficult to author restrictions on hate speech in a tightly specified way; the language involved is open-ended in a manner that enables states to exercise considerable judgment in deciding what speech-acts, in fact, count as violations (see Strossen 2018). Given the danger that the state will misuse or abuse these laws to punish legitimate speech, some might think this renders their enactment widely disproportionate. Indeed, even if the law were well-crafted and would be judiciously applied by current officials, the point is that those in the future may not be so trustworthy.

Those inclined to accept such a position might simply draw the conclusion that legislatures ought to refrain from enacting laws against hate speech. A more radical conclusion is that the legal right to free speech ought to be specified so that hate speech is constitutionally protected. In other words, we ought to give speakers a legal right to violate their moral duties, since enforcing those moral duties through law is simply too risky. By appealing to this logic, it is conceivable that the First Amendment position on hate speech could be justified all-things-considered—not because the underlying moral right to free speech protects hate speech, but because hate speech must be protected for instrumental reasons of preventing future abuses of power (Howard 2019a).

Suppose certain restrictions on harmful speech can be justified as proportionate, in both the narrow and wide senses. This is still not sufficient to justify them all-things-considered. Additionally, they must be justified as necessary . (Note that some conceptions of proportionality in human rights law encompass the necessity requirement, but this entry follows the prevailing philosophical convention by treating them as distinct.)

Why might restrictions on harmful speech be unnecessary? One of the standard claims in the free speech literature is that we should respond to harmful speech not by banning it, but by arguing back against it. Counter-speech—not censorship—is the appropriate solution. This line of reasoning is old. As John Milton put it in 1644: “Let [Truth] and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?” The insistence on counter-speech as the remedy for harmful speech is similarly found, as noted above, throughout chapter 2 of Mill’s On Liberty .

For many scholars, this line of reply is justified by the fact that they think the harmful speech in question is protected by the moral right to free speech. For such scholars, counter-speech is the right response because censorship is morally off the table. For other scholars, the recourse to counter-speech has a plausible distinct rationale (although it is seldom articulated): its possibility renders legal restrictions unnecessary. And because it is objectionable to use gratuitous coercion, legal restrictions are therefore impermissible (Howard 2019a). Such a view could plausibly justify Mill’s aforementioned analysis in the corn dealer example, whereby censorship is permissible but only when there’s no time for counter-speech—a view that is also endorsed by the U.S. Supreme Court in Brandenburg v. Ohio 395 U.S. 444 (1969).

Whether this argument succeeds depends upon a wide range of further assumptions—about the comparable effectiveness of counter-speech relative to law; about the burdens that counter-speech imposes on prospective counter-speakers. Supposing that the argument succeeds, it invites a range of further normative questions about the ethics of counter-speech. For example, it is important who has the duty to engage in counter-speech, who its intended audience is, and what specific forms the counter-speech ought to take—especially in order to maximize its persuasive effectiveness (Brettschneider 2012; Cepollaro, Lepoutre, & Simpson 2023; Howard 2021b; Lepoutre 2021; Badano & Nuti 2017). It is also important to ask questions about the moral limits of counter-speech. For example, insofar as publicly shaming wrongful speakers has become a prominent form of counter-speech, it is crucial to interrogate its permissibility (e.g., Billingham and Parr 2020).

This final section canvasses the young philosophical debate concerning freedom of speech on the internet. With some important exceptions (e.g., Barendt 2005: 451ff), this issue has only recently accelerated (for an excellent edited collection, see Brison & Gelber 2019). There are many normative questions to be asked about the moral rights and obligations of internet platforms. Here are three. First, do internet platforms have moral duties to respect the free speech of their users? Second, do internet platforms have moral duties to restrict (or at least refrain from amplifying) harmful speech posted by their users? And finally, if platforms do indeed have moral duties to restrict harmful speech, should those duties be legally enforced?

The reference to internet platforms , is a deliberate focus on large-scale social media platforms, through which people can discover and publicly share user-generated content. We set aside other entities such as search engines (Whitney & Simpson 2019), important though they are. That is simply because the central political controversies, on which philosophical input is most urgent, concern the large social-media platforms.

Consider the question of whether internet platforms have moral duties to respect the free speech of their users. One dominant view in the public discourse holds that the answer is no . On this view, platforms are private entities, and as such enjoy the prerogative to host whatever speech they like. This would arguably be a function of them having free speech rights themselves. Just as the free speech rights of the New York Times give it the authority to publish whatever op-eds it sees fit, the free speech rights of platforms give them the authority to exercise editorial or curatorial judgment about what speech to allow. On this view, if Facebook were to decide to become a Buddhist forum, amplifying the speech of Buddhist users and promoting Buddhist perspectives and ideas, and banning speech promoting other religions, it would be entirely within its moral (and thus proper legal) rights to do so. So, too, if it were to decide to become an atheist forum.

A radical alternative view holds that internet platforms constitute a public forum , a term of art from U.S. free speech jurisprudence used to designate spaces “designed for and dedicated to expressive activities” ( Southeastern Promotions Ltd., v. Conrad 1975). As Kramer has argued:

social-media platforms such as Facebook and Twitter and YouTube have become public fora. Although the companies that create and run those platforms are not morally obligated to sustain them in existence at all, the role of controlling a public forum morally obligates each such company to comply with the principle of freedom of expression while performing that role. No constraints that deviate from the kinds of neutrality required under that principle are morally legitimate. (Kramer 2021: 58–59)

On this demanding view, platforms’ duties to respect speech are (roughly) identical to the duties of states. Accordingly, if efforts by the state to restrict hate speech, pornography, and public health misinformation (for example) are objectionable affronts to free speech, so too are platforms’ content moderation rules for such content. A more moderate view does not hold that platforms are public forums as such, but holds that government channels or pages qualify as public forums (the claim at issue in Knight First Amendment Institute v. Trump (2019).)

Even if we deny that platforms constitute public forums, it is plausible that they engage in a governance function of some kind (Klonick 2018). As Jack Balkin has argued, the traditional model of free speech, which sees it as a relation between speakers and the state, is today plausibly supplanted by a triadic model, involving a more complex relation between speakers, governments, and intermediaries (2004, 2009, 2018, 2021). If platforms do indeed have some kind of governance function, it may well trigger responsibilities for transparency and accountability (as with new legislation such as the EU’s Digital Services Act and the UK’s Online Safety Act).

Second, consider the question of whether platforms have a duty to remove harmful content posted by users. Even those who regard them as public forums could agree that platforms may have a moral responsibility to remove illegal unprotected speech. Yet a dominant view in the public debate has historically defended platforms’ place as mere conduits for others’ speech. This is the current position under U.S. law (as with 47 U.S. Code §230), which broadly exempts platforms from liability for much illegal speech, such as defamation. On this view, we should view platforms as akin to bulletin boards: blame whoever posts wrongful content, but don’t hold the owner of the board responsible.

This view is under strain. Even under current U.S. law, platforms are liable for removing some content, such as child sexual abuse material and copyright infringements, suggesting that it is appropriate to demand some accountability for the wrongful content posted by others. An increasing body of philosophical work explores the idea that platforms are indeed morally responsible for removing extreme content. For example, some have argued that platforms have a special responsibility to prevent the radicalization that occurs on their networks, given the ways in which extreme content is amplified to susceptible users (Barnes 2022). Without engaging in moderation (i.e., removal) of harmful content, platforms are plausibly complicit with the wrongful harms perpetrated by users (Howard forthcoming).

Yet it remains an open question what a responsible content moderation policy ought to involve. Many are tempted by a juridical model, whereby platforms remove speech in accordance with clearly announced rules, with user appeals mechanisms in place for individual speech decisions to ensure they are correctly made (critiqued in Douek 2022b). Yet platforms have billions of users and remove millions of pieces of content per week. Accordingly, perfection is not possible. Moving quickly to remove harmful content during a crisis—e.g., Covid misinformation—will inevitably increase the number of false positives (i.e., legitimate speech taken down as collateral damage). It is plausible that the individualistic model of speech decisions adopted by courts is decidedly implausible to help us govern online content moderation; as noted in Douek 2021 and 2022a, what is needed is analysis of how the overall system should operate at scale, with a focus on achieving proportionality between benefits and costs. Alternatively, one might double down and insist that the juridical model is appropriate, given the normative significance of speech. And if it is infeasible for social-media companies to meet its demands given their size, then all the worse for social-media companies. On this view, it is they who must bend to meet the moral demands of free speech theory, not the other way around.

Substantial philosophical work needs to be done to deliver on this goal. The work is complicated by the fact that artificial intelligence (AI) is central to the processes of content moderation; human moderators, themselves subjected to terrible working conditions at long hours, work in conjunction with machine learning tools to identify and remove content that platforms have restricted. Yet AI systems notoriously are as biased as their training data. Further, their “black box” decisions are cryptic and cannot be easily understood. Given that countless speech decisions will necessarily be made without human involvement, it is right to ask whether it is reasonable to expect users to accept the deliverances of machines (e.g., see Vredenburgh 2022; Lazar forthcoming a). Note that machine intelligence is used not merely for content moderation, narrowly understood as the enforcement of rules about what speech is allowed. It is also deployed for the broader practice of content curation, determining what speech gets amplified — raising the question of what normative principles should govern such amplification; see Lazar forthcoming b).

Finally, there is the question of legal enforcement. Showing that platforms have the moral responsibility to engage in content moderation is necessary to justifying its codification into a legal responsibility. Yet it is not sufficient; one could accept that platforms have moral duties to moderate (some) harmful speech while also denying that those moral duties ought to be legally enforced. A strong, noninstrumental version of such a view would hold that while speakers have moral duties to refrain from wrongful speech, and platforms have duties not to platform or amplify it, the coercive enforcement of such duties would violate the moral right to freedom of expression. A more contingent, instrumental version of the view would hold that legal enforcement is not in principle impermissible; but in practice, it is simply too risky to grant the state the authority to enforce platforms’ and speakers’ moral duties, given the potential for abuse and overreach.

Liberals who champion the orthodox interpretation of the First Amendment, yet insist on robust content moderation, likely hold one or both of these views. Yet globally such views seem to be in the minority. Serious legislation is imminent that will subject social-media companies to burdensome regulation, in the form of such laws as the Digital Services Act in the European Union and the Online Safety Bill in the UK. Normatively evaluating such legislation is a pressing task. So, too, is the task of designing normative theories to guide the design of content moderation systems, and the wider governance of the digital public sphere. On both fronts, political philosophers should get back to work.

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• International Covenant on Civil and Political Rights (ICCPR) , adopted: 16 December 1966; Entry into force: 23 March 1976.
• Free Speech Debate
• Knight First Amendment Institute at Columbia University
• van Mill, David, “Freedom of Speech”, Stanford Encyclopedia of Philosophy (Winter 2023 Edition), Edward N. Zalta & Uri Nodelman (eds.), URL = < https://plato.stanford.edu/archives/win2023/entries/freedom-speech/ >. [This was the previous entry on this topic in the Stanford Encyclopedia of Philosophy – see the version history .]

ethics: search engines and | hate speech | legal rights | liberalism | Mill, John Stuart | Mill, John Stuart: moral and political philosophy | pornography: and censorship | rights | social networking and ethics | toleration

Acknowledgments

I am grateful to the editors and anonymous referees of this Encyclopedia for helpful feedback. I am greatly indebted to Robert Mark Simpson for many incisive suggestions, which substantially improved the entry. This entry was written while on a fellowship funded by UK Research & Innovation (grant reference MR/V025600/1); I am thankful to UKRI for the support.

Copyright © 2024 by Jeffrey W. Howard < jeffrey . howard @ ucl . ac . uk >

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Why Free Speech Is An Important Freedom Argumentative Essay

Introduction.

Freedom of speech is synonymous with freedom of expression. These two terms do not only explain the ability to speak or voice opinions without limitation or interference, but also the use of other means in communicating or impacting information.

This includes the use of expressions, music and art like painting, photography, and performing. In many countries, this freedom is provided for in as a basic freedom. Under the Universal Declaration of human rights in the United Nations there is a provision for this freedom. There are many genuine reasons why free speech is an important freedom.

Expressing oneself is a basic and important aspect of life and is also part of the basis for communication; it is more instinctive than learned. Throughout childhood and life, freedom of speech supports the learning of an individual through the acquisition of new views, ideas, concepts and theories in scientific, social and other fields of education.

One is able to participate in healthy debates and discussions, learn how to win and persuade in arguments and tolerate or even accept other people’s perceptions and ways of thinking. When an individual is able to express their ideas and opinions, it enables them to relate with others, participate in and enjoy interaction and bonding with other members of a group, team and community.

The main importance of speech learning and development is to facilitate expression and help an individual to live in harmony with other people in society, making sure that there needs are met and their rights, values and principles are not violated. Limiting or interfering with the freedom to speak and express oneself is a big violation of the basic rights of an individual and it restrains an individual from living a normal, productive and independent life.

Freedom of speech is an important aspect of social life in a civilized and democratic society. It enables people to make decisions on their rulers, systems of development and administration and initiate debates and discussions on important issues that concern public policy and governance.

People can voice their concerns over any problems or issues on accountability, responsibility and transparency of leadership. Freedom of speech is essential in the maintaining of law and order and making sure that there are checks and balances on individuals or groups which violate the law.

Although there has been debate on the justification of freedom of speech, it is important to realize that society cannot develop or advance when imparting of and access to information is impeded. In some instances privacy, control and protection of information is required but this does not mean that information should be completely barred from the public.

Freedom of expression is also important where social and cultural issues are concerned. When people are at liberty to express their opinions on critical issues concerning social values, norms and standards, social harmony and order is achieved.

In order to facilitate effective change which is inevitable, sensitive Issues concerning social life, like abortion, aesthesia, divorce, parenting, marriage etc. should be open to debate whether there is consensus or not. It is obviously clear that not all forms and means of freedom of expression that supported and defended but in order to prevent social tension and chaos people should be free to speak.

There are many reasons why free speech is an important freedom. Most societies agree that there should be clearly set guarantees on protecting and defending of this freedom without very little limitation except when it is very necessary and there has been general consensus on taking action against disbursement of information.

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Freedom of Speech Argumentative Essay

Does freedom of speech give people the right to use hate speech.

“What is freedom of expression? Without the freedom to offend, it ceases to exist”

Salman Rushdie.

The quote perfectly sums up the never-ending debate about freedom of speech and hate speech. It is a well-known fact that freedom of speech and expression belongs to the group of fundamental human rights of every person on this planet. Lately, we are witnessing the rising concerns about hate speech, is it protected by this basic human right or freedom of speech should have some limitations? Given the fact that every individual is allowed to express thoughts and beliefs, banning the negative comments would, in fact, deny his or her basic rights i.e. freedom of speech.

Freedom of speech reinforces all other human rights, thus allowing society to develop and progress at a constant rate. The ability to state our opinion and speak freely is pivotal for any change in society. Throughout the history, society evolved thanks to the individuals, great thinkers, brave leaders, who were not scared to express their beliefs. Back in time, those beliefs that were contrary to the typical “mindset” would be considered as hate, a hatred towards their way of life, culture, and tradition. The most reputable professors, experts, and campaigners only confirm that free speech has always been used to fight for change, for better times.

Besides reinforcement of other human rights, free speech is also essential due to the ability to hear others and be heard at the same time. We need to hear other people’s views as well as offering them our own opinions. Unfortunately, one of the fastest-growing problems of our society is that people rarely listen to others and acknowledge their takes on certain topics if they don’t agree with them. We should feel comfortable exchanging ideas and thoughts with those who have opposing views. Experts agree that way there would be less “hate speech” circling around.

We hear or read the term “hate speech” a lot, especially now with the easy internet access and a multitude of social media websites to join. It comes as no wonder why insulting comments and expressing negative ideas are considered a threat to the humanity. A lot of people are anti-Semitic, anti-Muslim, anti-gay marriage, and so on. Those who assume hate speech is not a freedom of speech, primarily, focus on the expression of a negative attitude towards certain people and ideas. However, if we start banning people from expressing their beliefs, then what comes next? After one thing, there always comes another and, eventually, the mankind would live in fear of saying anything. The reality is that the society has become oversensitive; everything one does not agree with is considered insulting and branded as hate.

Finally, freedom of speech is the most important human right that every individual has the right to exercise. This freedom comes with the ability to express one’s opinion, regardless of its nature good or bad. What our society needs today are not limitations of free speech, but making efforts to establish dialogues between people with conflicting beliefs. Listening and being heard will go a long way; that way we could build bridges instead of burning them.

https://www.news.cornell.edu/stories/2011/03/free-speech-central-democracy-rossi-says

https://www.indexoncensorship.org/2016/04/free-speech-important/

https://www.debate.org/opinions/does-freedom-of-speech-give-us-the-right-to-offend

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Freedom Of Speech - Essay Examples And Topic Ideas For Free

Freedom of speech is a principle that supports the freedom of an individual or community to articulate their opinions without fear of retaliation, censorship, or legal sanction. Essays could explore the various interpretations of freedom of speech, its limitations, and its impact on democracy and societal harmony. A vast selection of complimentary essay illustrations pertaining to Freedom Of Speech you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Freedom of Speech and Censorship

The government needs to also look at the First amendment that gives Americans the freedom of speech. Although freedom of speech gave the Americans an opportunity to express themselves, it came with some disadvantages. Some individuals used this freedom to propagate hatred especially racism. Individuals who had something against the blacks would use the freedom of expression clause to protect themselves before making hateful remarks. They would propagate hate between the African Americans and the whites. Some leaders were known […]

Freedom of Speech should not be Limited

Literature has always been tricky. At times, people find certain books to be offensive or inappropriate. People will even go to great lengths to challenge or ban books just because of differing opinions. Limiting free speech has been a constant and continuous argument throughout history. One side argues that certain pieces of writing should be banned or censored due to words, content and themes that are either viewed as inappropriate, controversial or contain language that is no longer acceptable. Violence, […]

First Amendment Values

Americans value the First Amendment as much as a teenage girl values her cell phone. Life just wouldn't be the same without it. Thanks to the authors of the Constitution America has established the fundamental laws, government, and basic rights for American citizens. The document was signed on September 17, 1787, in Philadelphia. Later, Madison introduced 19 amendments, 12 of which were adopted. Ten of them were ratified and became the Bill of Rights on December 10, 1791. The First […]

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Freedom of Speech on Social Media

Social media and freedom of speech have taken over the world. People read on the news every day about people being punished for what they post on social media. To what limit should people be punished for what they post? When people post online, everyone can see the material. It does not matter if the account is private. People should face consequences for their actions on social media if their post is offensive, containing work information, or includes a provocative […]

Importance of Freedom of Speech

Freedom of Speech Taken from People Many people around the world are forced to live without a voice for themselves. These people live in constant fear of the consequences they may face if they do voice their opinions. This lack of a voice goes against the inalienable right that is known as freedom of speech, which is defined as “the legal right to express one’s opinion freely” (Merriam-Webster, 2020). These restrictions of free speech can be countered through the use […]

What Freedom Means to me

There are millions of people around the world that live under conditions where the government withholds their human freedoms from them. Some people can not practice the religion they truly believe in, and others are scared for their lives on a daily basis. No matter how many restrictions citizens of different countries must abide by, nobody should be forced into silence. To “be free” means that everybody has the right to raise up their voice, and act for what they […]

Justice Freedom of Speech

With the popularity of the Internet, the network media has broken the limitation of the traditional media in the freedom of speech, and people can enjoy expressing opinions and spreading information. The infinity of the Internet brings many benefits to people, such as searching for information and watching videos. At the same time, the virtual nature of the network also brings hidden dangers for people, such as spreading false information, human flesh search, and so on. One of the reasons […]

Should Freedom of Speech be Limited

In this paper each author reflects their own moral opinion on hate speech shared with freedom of speech and the results from it containing negative content. There are several authors who discuss hate speech in considerations of freedom of speech. Despite strong objections I trust that society is obligated to protect its citizens and prevent any harm done in relation to hate speech under freedom of speech law. First, In “Freedom of Speech” David van Mill argues freedom of speech […]

Negative Side-Effects of Free Speech

Since the beginning of our country, one of our founding principles has been the right to express yourself through speech, media, or any other means of communication. For a long time those that founded our country were under the control of the British, and the lack of freedom to do and say what was on your mind was very constrained. With the American Revolution, we fought for the right to convey our beliefs without fear of another governing force taking […]

What is Freedom of Speech

Freedom of speech is the right of ones' right to express and communicate their ideas, opinion, and beliefs. As a result, nobody should fear being reprimanded, punished, or expurgated by society and perhaps the government at large. In most cases, it is done to attract mass attention from the community. It is entirely synonymous to seeking freedom of denied privileges such as an inappropriate distribution of public resources and side-lining of the minority among others. It is a universal right […]

Freedom of Speech in the United States

Freedom of speech has been protected in The United States by the First Amendment since 1791. For over 100 years, this right, though symbolically important, has sat dormant. However today, freedom of speech has been in the headlines due to its involvement in controversial topics surrounding the media, political correctness, and “hate speech”. Hateful beliefs and intolerance towards those with different characteristics exist throughout society and results in an environment of hate. Americans now have a hard choice to make […]

Internet Censorship Laws in Saudi Arabia

"The thought of not being able to express oneself through the internet without repercussions might seem implausible; however, it is an ongoing problem in countries like Saudi Arabia. Currently, Saudi Arabia holds a score of 73 out of 100 for its Internet Freedom Score, which sets it as “not free” (“Saudi Arabia Internet Score”). Citizens are prohibited from visiting and accessing many parts of the web due to governmental restrictions based on immoral and “radically” opinionated content. This limits their […]

On Freedom of Speech and Expression

Privacy is an essential right that every citizen of the United States is granted. Under the first amendment of the constitution rights such as freedom of press, speech, and privacy are protected. The first amendment separates the United States’ constitution from many other countries for a simple reason, the freedom of speech and expression. Freedom of speech and expression is the right to speak freely without fear of repercussion from the government simply because it doesn’t like the content of […]

Freedom of Speech Today

The citizens of the United States of America exercise their First Amendment right, freedom of speech in their day to day lives. Being able to voice their opinion and speak up for what they believe in is what gives our country its degree of autonomy. Having the freedom of speech is a blissful thing that people in other countries long for; such lack of censorship. Despite this freedom, it is not a free for all and has to be regulated […]

On Freedom of Speech in School

What is personal liberty? Liberty is being free to do whatever the individual may want to do without restrictions. This can include things such as freedom of speech and freedom of religion and the freedom to bear arms. Anyone living in the United States are actually guaranteed these rights, right from birth. We also live in a society where these rights are given, but are also restricted or limited to a certain extent. We live in a country where anything […]

First Amendment Freedom of Speech

The 2017 Berkeley protests organized by different groups including By Any Means Necessary (BAMN) were an abject violation of the freedom of speech as outlined in the First Amendment of the American constitution. The protests successfully stopped a speech by Milo Yiannopoulos, a controversial Breitbart editor and a self-declared Trump supporter. The protests turned violent and led to the destruction of the property thus posing significant harm to the society. In defending the protests, Yvette Felarca, BAMN’s spokesperson argued that […]

News and Democracy in Different Media Systems

Many decades ago, Siebert, Peterson, and Schramm (1959) posed a question related to the concepts of the press and its role in society, “Why is the press as it is? Why does it apparently serve different purposes and appear in widely different forms in different countries?” The answers to these questions led the authors to present the Authoritarian, the Soviet communist, the Libertarian, and the Social Responsibility models, which explain what the press should be and do in different countries. […]

Hatred under the Freedom of Speech

There is a thin line between an open expression of plain hatred and the expression of opinion. It is safe to assume that every person at some point of his or her life, either witnessed or experienced a bias from bigots based on race, nationality, sex, or other characteristics. People interpret “hate speech” differently; some compare it to the crime; others see it as practicing the First Amendment. Both groups can bring a lot of arguments to support their point […]

Gender Identity and Freedom of Speech

The views of professor of psychology, Jordan Peterson at the University of Toronto on the issue of gender identity and his beliefs, position and refusal to use gender-neutral pronouns has sparked debates. The arguments by the professor have arisen a lot of objective and subjective intuition on his stand that his freedom of speech and need to become politically correct cannot determine by use of pronouns. Discussions are presented in different articles by Ellen Brait, a staff reporter for the […]

Pros and Cons of Freedom of Speech

Freedom of speech stands tall in the vast expanse of human rights, often seen as the mighty guardian of democracy. Imagine a world where voices are muzzled, opinions censored, and thoughts shackled. Sounds dystopian, right? But pivot the lens and consider the flip side: a world where every whisper is amplified, hate finds as much space as love, and cacophony reigns. This is the double-edged nature of free speech. As we unravel this complex tapestry, we'll delve into the undeniably […]

Freedom of Speech Boundaries: Exploring Prior Restraint from a Free Speech Perspective

Freedom of speech, enshrined in countless legal traditions, remains a fundamental human right recognized globally. However, like all rights, it faces certain limitations, particularly when governments or legal bodies attempt to curb speech before it is expressed—a concept legally known as "prior restraint." This term, seemingly benign in its legalese, carries profound implications for the dynamics of free expression and the dissemination of information. At its core, prior restraint refers to government actions that prevent communication before it takes place. […]

Hate Speech Debate and Discussion

In the wake of technological advancement immorality in college campus have increased. For instance, parents are sending their girls in all-girls boarding schools, and they are coming home emotionally traumatized and with low self-esteem because of sexual abuse by the older same sex. Indeed, sexual harassment and discrimination have increased in schools which are stimulating hatred and school dropouts following the progress of technology in the community. Although the immoralities are punishable and illegal in the country, they have continually […]

1st Amendment and Congress

David Thuita I Amendment "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The beginning of the second amendment finds its root in Athens, Greece during the 400s B.C., where free men were allowed to freely speak. Athen theaters, writings, and educational institutions all […]

Question of Womens Educational Rights

What if you were not allowed to have a voice and share what you think just because of your gender? How would that make you feel? Well, this is a common thing that happens in our country and across the world. That is why I am focusing on Women's Rights as my Exhibition topic. I want this to stop. Our class Central Idea is, "Global opportunities may create conflict between people and other living things." Our groups Central Idea had […]

Modern Day Censorship: Syria

How much do we value our freedom of speech as citizens of the United States of America? Would you risk your life to report news that might make an impact in the lives of many? Many countries around the world maintain very strict guidelines in what can be reported and broadcasted. In many countries this amount of strict censorship could even lead to you getting either tortured or killed. One modern day censored country would be the Middle Eastern country […]

Defining Censorship

Censorship is the restriction of speech, communication or other information. Censorship affects our society in different ways. Censorship is usually determined by the government or a private foundation. It influences the music we tune in to, news articles, films, and the books we read. Censorship is a widely debated topic, and can be either harmful or protective to a society. It is possible to argue that censorship has no place in a nation that focuses on freedom of expression, because […]

What does the Constitution Mean to Me? a Deep Dive into its Complex Tapestry

The Constitution - those words etched upon the pages of history, a beacon of governance transcending time and guiding nations. In my contemplation, I invite you to delve into the intricate corridors of this foundational document. Throughout this journey, we'll ponder its nuances and decipher the threads of thought it weaves across the tapestry of our society. As I traverse its provisions, I invite you to join me in solving the echoes of the Constitution's wisdom, as its words, like […]

A Comparison of Free Speech and Hate Speech in France, Citing Charlie Hebdo Shootings as the Biggest Threat to Free Speech this Year

The line between free speech and hate speech is constantly debated. When does one cross the line from expressing an opinion to openly encouraging hatred of a group? Ridiculing a belief system is protected under free speech, as long as one is not inciting hate or violence against the followers of that belief system. Free speech exists to allow us to openly express our beliefs and argue with others about theirs. France has, for a long time, separated church and […]

The Need for the Restrictions of Hate Speech in America

Recently, the Westboro Baptist Church has been quite often in the headlines. The Anti-Defamation League's website calls the church "a small virulently homophobic, anti-Semitic hate group" based in Topeka, Kansas ("About WBC"). Since 2005, Westboro has often picketed the funerals of homosexual soldiers with signs that say "God Hates Fags" or "Thank God for Dead Soldiers" ("Pickets inspire legislation and legal action"). This behavior is offensive to the grieving families, and many states have tried to enact legislation that limits […]

Countries that Ban Same-sex Intercourse is this a Violation of International Law?

Is against the law to murder a person based up on their sexual preference? Would you take away a Civil Liberty? This But is a question you should pounder as you read my paper. But we are going to look at the international aspect. There are many countries where same-sex intercourse and or marriage is against the law. Imagine this being your reality. Having to hide from your family and friend and pretend to be someone else. You wonder should […]

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How To Write an Essay About Freedom Of Speech

Understanding the concept of freedom of speech.

Before you start writing an essay about freedom of speech, it is important to understand what the concept entails. Freedom of speech, often considered a fundamental human right, is the ability to express one's opinions and ideas without fear of government retaliation or censorship. Begin your essay by defining freedom of speech and its importance in a democratic society. You might also want to explore its historical origins, how it has evolved over time, and how it is implemented in different countries. This foundational understanding sets the stage for a more in-depth exploration of the topic.

Developing a Thesis Statement

A compelling essay on freedom of speech should have a clear and concise thesis statement. This statement should present your unique perspective or argument about freedom of speech. For instance, you might argue that freedom of speech is essential for democracy, or that there should be limitations to freedom of speech to prevent hate speech and misinformation. Your thesis will guide the direction of your essay and provide a central argument for your readers to consider.

Gathering Supporting Evidence

To support your thesis, gather relevant evidence and examples. This might include legal cases, historical examples, current events, or academic research. For example, if you are discussing the limitations of freedom of speech, you might examine specific legal cases that demonstrate the consequences of unchecked speech. This evidence is crucial as it backs up your argument and provides a solid foundation for your essay.

Analyzing Different Perspectives

An essay about freedom of speech should also consider different perspectives and counterarguments. This could include examining arguments for and against limitations on speech, such as national security concerns, hate speech laws, or the right to protest. Discussing these different viewpoints shows a comprehensive understanding of the topic and can strengthen your argument by demonstrating that you have considered various angles.

Concluding Your Essay

Your conclusion should summarize the main points of your essay and restate your thesis in light of the evidence and discussion provided. It's an opportunity to emphasize the importance of freedom of speech and its impact on society. You might also want to highlight any areas where further research or discussion is needed, or the potential future challenges to freedom of speech.

Final Review and Editing

After writing your essay, review and edit it for clarity, coherence, and accuracy. Ensure that your arguments are well-structured and supported by evidence. Pay attention to grammar and syntax to ensure your writing is clear and professional. Seeking feedback from others can also provide new insights and help polish your essay. A well-written essay on freedom of speech not only reflects your understanding of the topic but also your ability to engage critically with complex societal issues.

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Argumentative Essay Examples to Inspire You (+ Free Formula)

Table of contents

Meredith Sell

Have you ever been asked to explain your opinion on a controversial issue? 

• Maybe your family got into a discussion about chemical pesticides
• Someone at work argues against investing resources into your project
• Your partner thinks intermittent fasting is the best way to lose weight and you disagree

Proving your point in an argumentative essay can be challenging, unless you are using a proven formula.

Argumentative essay formula & example

In the image below, you can see a recommended structure for argumentative essays. It starts with the topic sentence, which establishes the main idea of the essay. Next, this hypothesis is developed in the development stage. Then, the rebuttal, or the refutal of the main counter argument or arguments. Then, again, development of the rebuttal. This is followed by an example, and ends with a summary. This is a very basic structure, but it gives you a bird-eye-view of how a proper argumentative essay can be built.

Writing an argumentative essay (for a class, a news outlet, or just for fun) can help you improve your understanding of an issue and sharpen your thinking on the matter. Using researched facts and data, you can explain why you or others think the way you do, even while other reasonable people disagree.

Free AI argumentative essay generator > Free AI argumentative essay generator >

What Is an Argumentative Essay?

An argumentative essay is an explanatory essay that takes a side.

Instead of appealing to emotion and personal experience to change the reader’s mind, an argumentative essay uses logic and well-researched factual information to explain why the thesis in question is the most reasonable opinion on the matter.  

Over several paragraphs or pages, the author systematically walks through:

• The opposition (and supporting evidence)
• The chosen thesis (and its supporting evidence)

At the end, the author leaves the decision up to the reader, trusting that the case they’ve made will do the work of changing the reader’s mind. Even if the reader’s opinion doesn’t change, they come away from the essay with a greater understanding of the perspective presented — and perhaps a better understanding of their original opinion.

All of that might make it seem like writing an argumentative essay is way harder than an emotionally-driven persuasive essay — but if you’re like me and much more comfortable spouting facts and figures than making impassioned pleas, you may find that an argumentative essay is easier to write. 

Plus, the process of researching an argumentative essay means you can check your assumptions and develop an opinion that’s more based in reality than what you originally thought. I know for sure that my opinions need to be fact checked — don’t yours?

So how exactly do we write the argumentative essay?

How do you start an argumentative essay

First, gain a clear understanding of what exactly an argumentative essay is. To formulate a proper topic sentence, you have to be clear on your topic, and to explore it through research.

Students have difficulty starting an essay because the whole task seems intimidating, and they are afraid of spending too much time on the topic sentence. Experienced writers, however, know that there is no set time to spend on figuring out your topic. It's a real exploration that is based to a large extent on intuition.

6 Steps to Write an Argumentative Essay (Persuasion Formula)

Use this checklist to tackle your essay one step at a time:

1. Research an issue with an arguable question

To start, you need to identify an issue that well-informed people have varying opinions on. Here, it’s helpful to think of one core topic and how it intersects with another (or several other) issues. That intersection is where hot takes and reasonable (or unreasonable) opinions abound. 

I find it helpful to stage the issue as a question.

For example: 

Is it better to legislate the minimum size of chicken enclosures or to outlaw the sale of eggs from chickens who don’t have enough space?

Should snow removal policies focus more on effectively keeping roads clear for traffic or the environmental impacts of snow removal methods?

Once you have your arguable question ready, start researching the basic facts and specific opinions and arguments on the issue. Do your best to stay focused on gathering information that is directly relevant to your topic. Depending on what your essay is for, you may reference academic studies, government reports, or newspaper articles.

‍ Research your opposition and the facts that support their viewpoint as much as you research your own position . You’ll need to address your opposition in your essay, so you’ll want to know their argument from the inside out.

2. Choose a side based on your research

You likely started with an inclination toward one side or the other, but your research should ultimately shape your perspective. So once you’ve completed the research, nail down your opinion and start articulating the what and why of your take. 

What: I think it’s better to outlaw selling eggs from chickens whose enclosures are too small.

Why: Because if you regulate the enclosure size directly, egg producers outside of the government’s jurisdiction could ship eggs into your territory and put nearby egg producers out of business by offering better prices because they don’t have the added cost of larger enclosures.

This is an early form of your thesis and the basic logic of your argument. You’ll want to iterate on this a few times and develop a one-sentence statement that sums up the thesis of your essay.

Thesis: Outlawing the sale of eggs from chickens with cramped living spaces is better for business than regulating the size of chicken enclosures.

Now that you’ve articulated your thesis , spell out the counterargument(s) as well. Putting your opposition’s take into words will help you throughout the rest of the essay-writing process. (You can start by choosing the counter argument option with Wordtune Spices .)

Counterargument: Outlawing the sale of eggs from chickens with too small enclosures will immediately drive up egg prices for consumers, making the low-cost protein source harder to afford — especially for low-income consumers.

There may be one main counterargument to articulate, or several. Write them all out and start thinking about how you’ll use evidence to address each of them or show why your argument is still the best option.

3. Organize the evidence — for your side and the opposition

You did all of that research for a reason. Now’s the time to use it. 

Hopefully, you kept detailed notes in a document, complete with links and titles of all your source material. Go through your research document and copy the evidence for your argument and your opposition’s into another document.

List the main points of your argument. Then, below each point, paste the evidence that backs them up.

If you’re writing about chicken enclosures, maybe you found evidence that shows the spread of disease among birds kept in close quarters is worse than among birds who have more space. Or maybe you found information that says eggs from free-range chickens are more flavorful or nutritious. Put that information next to the appropriate part of your argument. 

Repeat the process with your opposition’s argument: What information did you find that supports your opposition? Paste it beside your opposition’s argument.

You could also put information here that refutes your opposition, but organize it in a way that clearly tells you — at a glance — that the information disproves their point.

Counterargument: Outlawing the sale of eggs from chickens with too small enclosures will immediately drive up egg prices for consumers.

BUT: Sicknesses like avian flu spread more easily through small enclosures and could cause a shortage that would drive up egg prices naturally, so ensuring larger enclosures is still a better policy for consumers over the long term.

As you organize your research and see the evidence all together, start thinking through the best way to order your points.  

Will it be better to present your argument all at once or to break it up with opposition claims you can quickly refute? Would some points set up other points well? Does a more complicated point require that the reader understands a simpler point first?

Play around and rearrange your notes to see how your essay might flow one way or another.

4. Freewrite or outline to think through your argument

Is your brain buzzing yet? At this point in the process, it can be helpful to take out a notebook or open a fresh document and dump whatever you’re thinking on the page.

Where should your essay start? What ground-level information do you need to provide your readers before you can dive into the issue?

Use your organized evidence document from step 3 to think through your argument from beginning to end, and determine the structure of your essay.

There are three typical structures for argumentative essays:

• Make your argument and tackle opposition claims one by one, as they come up in relation to the points of your argument - In this approach, the whole essay — from beginning to end — focuses on your argument, but as you make each point, you address the relevant opposition claims individually. This approach works well if your opposition’s views can be quickly explained and refuted and if they directly relate to specific points in your argument.
• Make the bulk of your argument, and then address the opposition all at once in a paragraph (or a few) - This approach puts the opposition in its own section, separate from your main argument. After you’ve made your case, with ample evidence to convince your readers, you write about the opposition, explaining their viewpoint and supporting evidence — and showing readers why the opposition’s argument is unconvincing. Once you’ve addressed the opposition, you write a conclusion that sums up why your argument is the better one.
• Open your essay by talking about the opposition and where it falls short. Build your entire argument to show how it is superior to that opposition - With this structure, you’re showing your readers “a better way” to address the issue. After opening your piece by showing how your opposition’s approaches fail, you launch into your argument, providing readers with ample evidence that backs you up.

As you think through your argument and examine your evidence document, consider which structure will serve your argument best. Sketch out an outline to give yourself a map to follow in the writing process. You could also rearrange your evidence document again to match your outline, so it will be easy to find what you need when you start writing.

5. Write your first draft

You have an outline and an organized document with all your points and evidence lined up and ready. Now you just have to write your essay.

In your first draft, focus on getting your ideas on the page. Your wording may not be perfect (whose is?), but you know what you’re trying to say — so even if you’re overly wordy and taking too much space to say what you need to say, put those words on the page.

Follow your outline, and draw from that evidence document to flesh out each point of your argument. Explain what the evidence means for your argument and your opposition. Connect the dots for your readers so they can follow you, point by point, and understand what you’re trying to say.

As you write, be sure to include:

1. Any background information your reader needs in order to understand the issue in question.

2. Evidence for both your argument and the counterargument(s). This shows that you’ve done your homework and builds trust with your reader, while also setting you up to make a more convincing argument. (If you find gaps in your research while you’re writing, Wordtune Spices can source statistics or historical facts on the fly!)

Get Wordtune for free > Get Wordtune for free >

3. A conclusion that sums up your overall argument and evidence — and leaves the reader with an understanding of the issue and its significance. This sort of conclusion brings your essay to a strong ending that doesn’t waste readers’ time, but actually adds value to your case.

6. Revise (with Wordtune)

The hard work is done: you have a first draft. Now, let’s fine tune your writing.

I like to step away from what I’ve written for a day (or at least a night of sleep) before attempting to revise. It helps me approach clunky phrases and rough transitions with fresh eyes. If you don’t have that luxury, just get away from your computer for a few minutes — use the bathroom, do some jumping jacks, eat an apple — and then come back and read through your piece.

As you revise, make sure you …

• Get the facts right. An argument with false evidence falls apart pretty quickly, so check your facts to make yours rock solid.
• Don’t misrepresent the opposition or their evidence. If someone who holds the opposing view reads your essay, they should affirm how you explain their side — even if they disagree with your rebuttal.
• Present a case that builds over the course of your essay, makes sense, and ends on a strong note. One point should naturally lead to the next. Your readers shouldn’t feel like you’re constantly changing subjects. You’re making a variety of points, but your argument should feel like a cohesive whole.
• Paraphrase sources and cite them appropriately. Did you skip citations when writing your first draft? No worries — you can add them now. And check that you don’t overly rely on quotations. (Need help paraphrasing? Wordtune can help. Simply highlight the sentence or phrase you want to adjust and sort through Wordtune’s suggestions.)
• Tighten up overly wordy explanations and sharpen any convoluted ideas. Wordtune makes a great sidekick for this too 😉

Words to start an argumentative essay

The best way to introduce a convincing argument is to provide a strong thesis statement . These are the words I usually use to start an argumentative essay:

• It is indisputable that the world today is facing a multitude of issues
• With the rise of ____, the potential to make a positive difference has never been more accessible
• It is essential that we take action now and tackle these issues head-on
• it is critical to understand the underlying causes of the problems standing before us
• Opponents of this idea claim
• Those who are against these ideas may say
• Some people may disagree with this idea
• Some people may say that ____, however

When refuting an opposing concept, use:

• These researchers have a point in thinking
• To a certain extent they are right
• After seeing this evidence, there is no way one can agree with this idea
• This argument is irrelevant to the topic

Are you convinced by your own argument yet? Ready to brave the next get-together where everyone’s talking like they know something about intermittent fasting , chicken enclosures , or snow removal policies? 

Now if someone asks you to explain your evidence-based but controversial opinion, you can hand them your essay and ask them to report back after they’ve read it.

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General Education

Need to defend your opinion on an issue? Argumentative essays are one of the most popular types of essays you’ll write in school. They combine persuasive arguments with fact-based research, and, when done well, can be powerful tools for making someone agree with your point of view. If you’re struggling to write an argumentative essay or just want to learn more about them, seeing examples can be a big help.

After giving an overview of this type of essay, we provide three argumentative essay examples. After each essay, we explain in-depth how the essay was structured, what worked, and where the essay could be improved. We end with tips for making your own argumentative essay as strong as possible.

What Is an Argumentative Essay?

An argumentative essay is an essay that uses evidence and facts to support the claim it’s making. Its purpose is to persuade the reader to agree with the argument being made.

A good argumentative essay will use facts and evidence to support the argument, rather than just the author’s thoughts and opinions. For example, say you wanted to write an argumentative essay stating that Charleston, SC is a great destination for families. You couldn’t just say that it’s a great place because you took your family there and enjoyed it. For it to be an argumentative essay, you need to have facts and data to support your argument, such as the number of child-friendly attractions in Charleston, special deals you can get with kids, and surveys of people who visited Charleston as a family and enjoyed it. The first argument is based entirely on feelings, whereas the second is based on evidence that can be proven.

The standard five paragraph format is common, but not required, for argumentative essays. These essays typically follow one of two formats: the Toulmin model or the Rogerian model.

• The Toulmin model is the most common. It begins with an introduction, follows with a thesis/claim, and gives data and evidence to support that claim. This style of essay also includes rebuttals of counterarguments.
• The Rogerian model analyzes two sides of an argument and reaches a conclusion after weighing the strengths and weaknesses of each.

3 Good Argumentative Essay Examples + Analysis

Below are three examples of argumentative essays, written by yours truly in my school days, as well as analysis of what each did well and where it could be improved.

Argumentative Essay Example 1

Proponents of this idea state that it will save local cities and towns money because libraries are expensive to maintain. They also believe it will encourage more people to read because they won’t have to travel to a library to get a book; they can simply click on what they want to read and read it from wherever they are. They could also access more materials because libraries won’t have to buy physical copies of books; they can simply rent out as many digital copies as they need.

However, it would be a serious mistake to replace libraries with tablets. First, digital books and resources are associated with less learning and more problems than print resources. A study done on tablet vs book reading found that people read 20-30% slower on tablets, retain 20% less information, and understand 10% less of what they read compared to people who read the same information in print. Additionally, staring too long at a screen has been shown to cause numerous health problems, including blurred vision, dizziness, dry eyes, headaches, and eye strain, at much higher instances than reading print does. People who use tablets and mobile devices excessively also have a higher incidence of more serious health issues such as fibromyalgia, shoulder and back pain, carpal tunnel syndrome, and muscle strain. I know that whenever I read from my e-reader for too long, my eyes begin to feel tired and my neck hurts. We should not add to these problems by giving people, especially young people, more reasons to look at screens.

Second, it is incredibly narrow-minded to assume that the only service libraries offer is book lending. Libraries have a multitude of benefits, and many are only available if the library has a physical location. Some of these benefits include acting as a quiet study space, giving people a way to converse with their neighbors, holding classes on a variety of topics, providing jobs, answering patron questions, and keeping the community connected. One neighborhood found that, after a local library instituted community events such as play times for toddlers and parents, job fairs for teenagers, and meeting spaces for senior citizens, over a third of residents reported feeling more connected to their community. Similarly, a Pew survey conducted in 2015 found that nearly two-thirds of American adults feel that closing their local library would have a major impact on their community. People see libraries as a way to connect with others and get their questions answered, benefits tablets can’t offer nearly as well or as easily.

While replacing libraries with tablets may seem like a simple solution, it would encourage people to spend even more time looking at digital screens, despite the myriad issues surrounding them. It would also end access to many of the benefits of libraries that people have come to rely on. In many areas, libraries are such an important part of the community network that they could never be replaced by a simple object.

The author begins by giving an overview of the counter-argument, then the thesis appears as the first sentence in the third paragraph. The essay then spends the rest of the paper dismantling the counter argument and showing why readers should believe the other side.

What this essay does well:

• Although it’s a bit unusual to have the thesis appear fairly far into the essay, it works because, once the thesis is stated, the rest of the essay focuses on supporting it since the counter-argument has already been discussed earlier in the paper.
• This essay includes numerous facts and cites studies to support its case. By having specific data to rely on, the author’s argument is stronger and readers will be more inclined to agree with it.
• For every argument the other side makes, the author makes sure to refute it and follow up with why her opinion is the stronger one. In order to make a strong argument, it’s important to dismantle the other side, which this essay does this by making the author's view appear stronger.
• This is a shorter paper, and if it needed to be expanded to meet length requirements, it could include more examples and go more into depth with them, such as by explaining specific cases where people benefited from local libraries.
• Additionally, while the paper uses lots of data, the author also mentions their own experience with using tablets. This should be removed since argumentative essays focus on facts and data to support an argument, not the author’s own opinion or experiences. Replacing that with more data on health issues associated with screen time would strengthen the essay.
• Some of the points made aren't completely accurate , particularly the one about digital books being cheaper. It actually often costs a library more money to rent out numerous digital copies of a book compared to buying a single physical copy. Make sure in your own essay you thoroughly research each of the points and rebuttals you make, otherwise you'll look like you don't know the issue that well.

Argumentative Essay Example 2

There are multiple drugs available to treat malaria, and many of them work well and save lives, but malaria eradication programs that focus too much on them and not enough on prevention haven’t seen long-term success in Sub-Saharan Africa. A major program to combat malaria was WHO’s Global Malaria Eradication Programme. Started in 1955, it had a goal of eliminating malaria in Africa within the next ten years. Based upon previously successful programs in Brazil and the United States, the program focused mainly on vector control. This included widely distributing chloroquine and spraying large amounts of DDT. More than one billion dollars was spent trying to abolish malaria. However, the program suffered from many problems and in 1969, WHO was forced to admit that the program had not succeeded in eradicating malaria. The number of people in Sub-Saharan Africa who contracted malaria as well as the number of malaria deaths had actually increased over 10% during the time the program was active.

One of the major reasons for the failure of the project was that it set uniform strategies and policies. By failing to consider variations between governments, geography, and infrastructure, the program was not nearly as successful as it could have been. Sub-Saharan Africa has neither the money nor the infrastructure to support such an elaborate program, and it couldn’t be run the way it was meant to. Most African countries don't have the resources to send all their people to doctors and get shots, nor can they afford to clear wetlands or other malaria prone areas. The continent’s spending per person for eradicating malaria was just a quarter of what Brazil spent. Sub-Saharan Africa simply can’t rely on a plan that requires more money, infrastructure, and expertise than they have to spare.

Additionally, the widespread use of chloroquine has created drug resistant parasites which are now plaguing Sub-Saharan Africa. Because chloroquine was used widely but inconsistently, mosquitoes developed resistance, and chloroquine is now nearly completely ineffective in Sub-Saharan Africa, with over 95% of mosquitoes resistant to it. As a result, newer, more expensive drugs need to be used to prevent and treat malaria, which further drives up the cost of malaria treatment for a region that can ill afford it.

Instead of developing plans to treat malaria after the infection has incurred, programs should focus on preventing infection from occurring in the first place. Not only is this plan cheaper and more effective, reducing the number of people who contract malaria also reduces loss of work/school days which can further bring down the productivity of the region.

One of the cheapest and most effective ways of preventing malaria is to implement insecticide-treated bed nets (ITNs).  These nets provide a protective barrier around the person or people using them. While untreated bed nets are still helpful, those treated with insecticides are much more useful because they stop mosquitoes from biting people through the nets, and they help reduce mosquito populations in a community, thus helping people who don’t even own bed nets.  Bed nets are also very effective because most mosquito bites occur while the person is sleeping, so bed nets would be able to drastically reduce the number of transmissions during the night. In fact, transmission of malaria can be reduced by as much as 90% in areas where the use of ITNs is widespread. Because money is so scarce in Sub-Saharan Africa, the low cost is a great benefit and a major reason why the program is so successful. Bed nets cost roughly 2 USD to make, last several years, and can protect two adults. Studies have shown that, for every 100-1000 more nets are being used, one less child dies of malaria. With an estimated 300 million people in Africa not being protected by mosquito nets, there’s the potential to save three million lives by spending just a few dollars per person.

Reducing the number of people who contract malaria would also reduce poverty levels in Africa significantly, thus improving other aspects of society like education levels and the economy. Vector control is more effective than treatment strategies because it means fewer people are getting sick. When fewer people get sick, the working population is stronger as a whole because people are not put out of work from malaria, nor are they caring for sick relatives. Malaria-afflicted families can typically only harvest 40% of the crops that healthy families can harvest. Additionally, a family with members who have malaria spends roughly a quarter of its income treatment, not including the loss of work they also must deal with due to the illness. It’s estimated that malaria costs Africa 12 billion USD in lost income every year. A strong working population creates a stronger economy, which Sub-Saharan Africa is in desperate need of.  

This essay begins with an introduction, which ends with the thesis (that malaria eradication plans in Sub-Saharan Africa should focus on prevention rather than treatment). The first part of the essay lays out why the counter argument (treatment rather than prevention) is not as effective, and the second part of the essay focuses on why prevention of malaria is the better path to take.

• The thesis appears early, is stated clearly, and is supported throughout the rest of the essay. This makes the argument clear for readers to understand and follow throughout the essay.
• There’s lots of solid research in this essay, including specific programs that were conducted and how successful they were, as well as specific data mentioned throughout. This evidence helps strengthen the author’s argument.
• The author makes a case for using expanding bed net use over waiting until malaria occurs and beginning treatment, but not much of a plan is given for how the bed nets would be distributed or how to ensure they’re being used properly. By going more into detail of what she believes should be done, the author would be making a stronger argument.
• The introduction of the essay does a good job of laying out the seriousness of the problem, but the conclusion is short and abrupt. Expanding it into its own paragraph would give the author a final way to convince readers of her side of the argument.

Argumentative Essay Example 3

There are many ways payments could work. They could be in the form of a free-market approach, where athletes are able to earn whatever the market is willing to pay them, it could be a set amount of money per athlete, or student athletes could earn income from endorsements, autographs, and control of their likeness, similar to the way top Olympians earn money.

Proponents of the idea believe that, because college athletes are the ones who are training, participating in games, and bringing in audiences, they should receive some sort of compensation for their work. If there were no college athletes, the NCAA wouldn’t exist, college coaches wouldn’t receive there (sometimes very high) salaries, and brands like Nike couldn’t profit from college sports. In fact, the NCAA brings in roughly $1 billion in revenue a year, but college athletes don’t receive any of that money in the form of a paycheck. Additionally, people who believe college athletes should be paid state that paying college athletes will actually encourage them to remain in college longer and not turn pro as quickly, either by giving them a way to begin earning money in college or requiring them to sign a contract stating they’ll stay at the university for a certain number of years while making an agreed-upon salary.  

Supporters of this idea point to Zion Williamson, the Duke basketball superstar, who, during his freshman year, sustained a serious knee injury. Many argued that, even if he enjoyed playing for Duke, it wasn’t worth risking another injury and ending his professional career before it even began for a program that wasn’t paying him. Williamson seems to have agreed with them and declared his eligibility for the NCAA draft later that year. If he was being paid, he may have stayed at Duke longer. In fact, roughly a third of student athletes surveyed stated that receiving a salary while in college would make them “strongly consider” remaining collegiate athletes longer before turning pro.

Paying athletes could also stop the recruitment scandals that have plagued the NCAA. In 2018, the NCAA stripped the University of Louisville's men's basketball team of its 2013 national championship title because it was discovered coaches were using sex workers to entice recruits to join the team. There have been dozens of other recruitment scandals where college athletes and recruits have been bribed with anything from having their grades changed, to getting free cars, to being straight out bribed. By paying college athletes and putting their salaries out in the open, the NCAA could end the illegal and underhanded ways some schools and coaches try to entice athletes to join.

People who argue against the idea of paying college athletes believe the practice could be disastrous for college sports. By paying athletes, they argue, they’d turn college sports into a bidding war, where only the richest schools could afford top athletes, and the majority of schools would be shut out from developing a talented team (though some argue this already happens because the best players often go to the most established college sports programs, who typically pay their coaches millions of dollars per year). It could also ruin the tight camaraderie of many college teams if players become jealous that certain teammates are making more money than they are.

They also argue that paying college athletes actually means only a small fraction would make significant money. Out of the 350 Division I athletic departments, fewer than a dozen earn any money. Nearly all the money the NCAA makes comes from men’s football and basketball, so paying college athletes would make a small group of men--who likely will be signed to pro teams and begin making millions immediately out of college--rich at the expense of other players.

Those against paying college athletes also believe that the athletes are receiving enough benefits already. The top athletes already receive scholarships that are worth tens of thousands per year, they receive free food/housing/textbooks, have access to top medical care if they are injured, receive top coaching, get travel perks and free gear, and can use their time in college as a way to capture the attention of professional recruiters. No other college students receive anywhere near as much from their schools.

People on this side also point out that, while the NCAA brings in a massive amount of money each year, it is still a non-profit organization. How? Because over 95% of those profits are redistributed to its members’ institutions in the form of scholarships, grants, conferences, support for Division II and Division III teams, and educational programs. Taking away a significant part of that revenue would hurt smaller programs that rely on that money to keep running.

While both sides have good points, it’s clear that the negatives of paying college athletes far outweigh the positives. College athletes spend a significant amount of time and energy playing for their school, but they are compensated for it by the scholarships and perks they receive. Adding a salary to that would result in a college athletic system where only a small handful of athletes (those likely to become millionaires in the professional leagues) are paid by a handful of schools who enter bidding wars to recruit them, while the majority of student athletics and college athletic programs suffer or even shut down for lack of money. Continuing to offer the current level of benefits to student athletes makes it possible for as many people to benefit from and enjoy college sports as possible.

This argumentative essay follows the Rogerian model. It discusses each side, first laying out multiple reasons people believe student athletes should be paid, then discussing reasons why the athletes shouldn’t be paid. It ends by stating that college athletes shouldn’t be paid by arguing that paying them would destroy college athletics programs and cause them to have many of the issues professional sports leagues have.

• Both sides of the argument are well developed, with multiple reasons why people agree with each side. It allows readers to get a full view of the argument and its nuances.
• Certain statements on both sides are directly rebuffed in order to show where the strengths and weaknesses of each side lie and give a more complete and sophisticated look at the argument.
• Using the Rogerian model can be tricky because oftentimes you don’t explicitly state your argument until the end of the paper. Here, the thesis doesn’t appear until the first sentence of the final paragraph. That doesn’t give readers a lot of time to be convinced that your argument is the right one, compared to a paper where the thesis is stated in the beginning and then supported throughout the paper. This paper could be strengthened if the final paragraph was expanded to more fully explain why the author supports the view, or if the paper had made it clearer that paying athletes was the weaker argument throughout.

3 Tips for Writing a Good Argumentative Essay

Now that you’ve seen examples of what good argumentative essay samples look like, follow these three tips when crafting your own essay.

#1: Make Your Thesis Crystal Clear

The thesis is the key to your argumentative essay; if it isn’t clear or readers can’t find it easily, your entire essay will be weak as a result. Always make sure that your thesis statement is easy to find. The typical spot for it is the final sentence of the introduction paragraph, but if it doesn’t fit in that spot for your essay, try to at least put it as the first or last sentence of a different paragraph so it stands out more.

Also make sure that your thesis makes clear what side of the argument you’re on. After you’ve written it, it’s a great idea to show your thesis to a couple different people--classmates are great for this. Just by reading your thesis they should be able to understand what point you’ll be trying to make with the rest of your essay.

#2: Show Why the Other Side Is Weak

When writing your essay, you may be tempted to ignore the other side of the argument and just focus on your side, but don’t do this. The best argumentative essays really tear apart the other side to show why readers shouldn’t believe it. Before you begin writing your essay, research what the other side believes, and what their strongest points are. Then, in your essay, be sure to mention each of these and use evidence to explain why they’re incorrect/weak arguments. That’ll make your essay much more effective than if you only focused on your side of the argument.

#3: Use Evidence to Support Your Side

Remember, an essay can’t be an argumentative essay if it doesn’t support its argument with evidence. For every point you make, make sure you have facts to back it up. Some examples are previous studies done on the topic, surveys of large groups of people, data points, etc. There should be lots of numbers in your argumentative essay that support your side of the argument. This will make your essay much stronger compared to only relying on your own opinions to support your argument.

Summary: Argumentative Essay Sample

Argumentative essays are persuasive essays that use facts and evidence to support their side of the argument. Most argumentative essays follow either the Toulmin model or the Rogerian model. By reading good argumentative essay examples, you can learn how to develop your essay and provide enough support to make readers agree with your opinion. When writing your essay, remember to always make your thesis clear, show where the other side is weak, and back up your opinion with data and evidence.

What's Next?

Do you need to write an argumentative essay as well? Check out our guide on the best argumentative essay topics for ideas!

You'll probably also need to write research papers for school. We've got you covered with 113 potential topics for research papers.

Your college admissions essay may end up being one of the most important essays you write. Follow our step-by-step guide on writing a personal statement to have an essay that'll impress colleges.

Christine graduated from Michigan State University with degrees in Environmental Biology and Geography and received her Master's from Duke University. In high school she scored in the 99th percentile on the SAT and was named a National Merit Finalist. She has taught English and biology in several countries.

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The Radical Case for Free Speech

By Jay Caspian Kang

If you read certain columnists or follow a particular set of writers and pundits on social media—including me—you know that the First Amendment is always in crisis. Nearly every incursion, whether it’s the shouting down of a conservative speaker on a college campus or an alleged incident of hate speech, gets shoved into a civil-liberties outrage machine, generating new cycles of vitriol and pushback. And yet the resulting debates, on op-ed pages and elsewhere, can feel strangely abstract and academic. The pundits and scholars who participate in them sometimes seem like taxonomists who show more concern for the precision of their determinations than for real-world outcomes for speech and expression.

Police in riot gear may swarm onto the grounds of a college campus in a show of force and intimidation, and pundits will conclude that the relevant concern is whether students have the right to forcefully occupy a building. The Mayor of New York may intimate that it is his job, as an elected official, to shield the minds of college students from the influence of “outside agitators” who have infiltrated campuses, and some of these pundits may seem unalarmed. After police officers broke up a student protest at Columbia University, the deputy commissioner of the New York Police Department went on television and held up a book titled “ Terrorism: A Very Short Introduction ,” citing it as evidence that someone was “radicalizing” students. The book is not an instruction manual—it is a historical and philosophical primer sold in many university bookstores. But both the top elected official in New York City and one of its top cops appear to believe that they have the authority to tell students whom they should associate with and what books they should and should not read.

I may now be guilty of another flaw in contemporary free-speech debates, which is how frequently the debaters criticize others for not caring about the right things. This reflex, with its attendant charges of hypocrisy, makes up the vast majority of modern free-speech discourse. If you are outraged by police repression of pro-Palestine encampments, you will be asked what you would say if a pro-Trump rally had been shuttled off campus. If you stand up for a conservative speaker who has been deplatformed by chanting students, you will be asked to offer the same defense for someone who’s lost a job on account of a social-media post that was sympathetic to the people in Gaza. The spirit behind such tests isn’t wrong. The defense of free speech should be viewpoint-neutral, and many people—including quite a few elected officials—are hypocritical about such things. (Consider Texas’s governor, Greg Abbott , who signed a campus free-speech law in 2019, in response to the deplatforming of a few conservative speakers, and then turned around and brought in what certainly appeared to be excessive force against campus protesters in late April of this year.) But the discussion around free speech has become mired in these hypotheticals. What should be a lively and malleable conversation about the law and what it protects has instead devolved into a series of online show trials, polarized along familiar political lines.

I have taken part in these debates for years, mostly to urge the American political left to revive the radical free-speech movements of the past . These efforts, for the most part, have been laughably unsuccessful. I’m open to the possibility that this is a personal failing, but I am convinced that some of the problem lies with the broader tenor of the conversation, which has become histrionic, pedantic, ad hominem, and overly concerned with what happens on college campuses. If you want to engage in a back-and-forth about free speech these days, you should expect to be pathologized, quizzed on legal trivia, and labelled a hypocrite. Who, in their right mind, would want any of that?

The First Amendment has its stewards, and, for better or worse, the conversation around free speech tends to revolve around what they say. Among the most prominent are the American Civil Liberties Union and the Foundation for Individual Rights and Expression. Both organizations are devoted to the freedom of speech, and both maintain that they are nonpartisan. But the A.C.L.U. has long been associated with progressive politics, and FIRE , which has received much of its funding from right-leaning foundations, is sometimes pigeonholed as conservative, though it strives to remain neutral. Both groups not only provide legal support for people whose First Amendment rights have been violated but also engage, to varying degrees, in free-speech advocacy, seeking to expand the parameters of acceptable speech.

In the past two weeks, as protests against the war in Gaza have spread on college campuses, FIRE has criticized an antisemitism bill that was passed by the House of Representatives which would broaden the definition of antisemitism used by the Department of Education, decried the arrest of a photojournalist at a protest at the University of Texas at Austin, and condemned a violent pro-Israel counter-protest at U.C.L.A. But the group has also pointed out that universities mostly have a right to ban encampments and, in reference to events at Columbia, wrote , “Occupying a campus building, blocking students from attending classes, and vandalizing property is not protected by the First Amendment, full stop. It’s illiberal. It’s illegal. And it should be punished.” Taken together, these statements can feel unsatisfying and question-begging, if not outright contradictory. Does anyone seriously believe that the First Amendment protects the right to smash windows and occupy buildings? If not, why does FIRE regard it as important to point this out—and at a moment when student journalists are being forcefully removed from their campus by police officers? Does FIRE want to advocate for free speech, or play referee in a dispute about what constitutes a real First Amendment violation and what does not?

I asked Will Creeley, the legal director of FIRE , how he would answer that question. “To my mind,” he wrote, in a thoughtful and lengthy e-mail, “the answer—has to be—that we’re doing both.” He noted that the organization was currently fighting a host of legal battles that would expand the First Amendment in areas where protections were “uncertain, ill-defined, under challenge, or insufficient.” He added that the organization also makes “cultural, non-legal arguments that aim to cultivate a broader societal understanding of, and support for, free speech principles.” These include the idea that, if someone says something you don’t like, you should engage with them using more speech rather than trying to blacklist them or shout them down.

This dual burden of championing free speech and adjudicating First Amendment cases isn’t easy to navigate, in part because many people will, perhaps rightfully, detect political motivations behind the cultural, nonlegal arguments that Creeley mentioned. For the past decade or so, the most well-publicized incidents of shouting down speakers have taken place on college campuses and have involved the deplatforming of conservatives. Creeley, for his part, is aware that the public perception of his organization will be shaped by the cases it chooses to take on. “My hope for FIRE is that sooner or later, we have a case for everyone,” he wrote. “A case in which everyone sees us defending speech they like or vindicating the rights of a speaker they empathize with.”

The A.C.L.U. has done more advocacy for the ongoing student protests than its counterparts at FIRE. The Southern California branch of the organization sent an open letter to the chancellor of U.C.L.A. to denounce “efforts to suppress the peaceful right to free expression and dissent”; in response to a crackdown at Emory University, which included the violent arrest of an economics professor, the A.C.L.U. of Georgia issued a statement invoking the history of Atlanta as a “place where citizens could freely exercise their right to protest.” According to Ben Wizner, the director of the A.C.L.U.’s Speech, Privacy, and Technology Project, most of the organization’s interventions in the recent campus controversies have addressed instances in which there was no clear violation of First Amendment rights. These are cases—such as the University of Southern California’s decision to cancel a commencement address by a Muslim student, on account of unspecified safety concerns—in which the A.C.L.U. saw a need to intervene for the cause of free expression.

Wizner, like Creeley, believes that any commitment to free speech must remain viewpoint-neutral. But he also said that defenders of free speech should have priorities. “The reason why I come to the First Amendment is a distrust of government power,” he told me. “The most obvious abuse of government power is disproportionate use of force on peaceful protesters. So you have to lead with that in moments like these.”

The A.C.L.U. does not have an unrestrained, anarchic vision of the First Amendment. Wizner mentioned a case that the A.C.L.U. had brought against Clearview, a company that was building a biometric tracking tool with facial-recognition technology. The A.C.L.U. argued that Clearview was violating the privacy rights of millions of people who had not consented to having their faceprints recorded. Clearview maintained that its activities should be protected by the First Amendment , because it was taking publicly available photographs and then expressing an opinion about who the person in the images might be. The A.C.L.U. decided that the privacy concerns were far more important than Clearview’s vision of free speech and rejected what they saw as an overly expansive interpretation of the First Amendment. “What you really need to have is a theory of what the First Amendment is for,” Wizner said, “not it being the biggest thing it can be.”

The A.C.L.U. and FIRE may have a complex set of responsibilities, but the matter is simpler for the rest of us who consider ourselves free-speech advocates. We are unencumbered by procedural questions, and can simply look to protect every nonviolent act of dissent from government interference. Civil disobedience, which includes both the occupation of a campus building to call for a ceasefire and the breaking of COVID lockdowns to hold an anti-vaccine rally in a public square, needn’t be discussed only through the lens of the First Amendment. We can also make a moral appeal, pointing to historical events, from the Boston Tea Party under British rule to the lunch-counter sit-ins throughout the South during the civil-rights movement. What I am proposing is not novel, simply a disentangling of some ideas that I believe have been caught up in years of fruitless debate: a free-speech radicalism that grounds itself in widely held beliefs about American liberty and tries to build a broad moral consensus around the universal right to dissent and the importance of civil disobedience—even the type that might get someone thrown in jail.

Dissent involves genuine confrontation, which is why, although social-media posts may spread quickly and even get people into the streets, they should be seen for what they are: a precursor to the real thing. Social media has undeniably become the public square, but those platforms have actually served to dull dissent and turn legitimate protest into an individualistic meme war in which people pick a side and add to a junk pile of online ephemera. Speech is an act that occupies physical spaces, and, in doing so, forces people to look up from their phones and respond rather than simply scroll past it. I do not believe there is much potential for political change in purely online dissent, and it appears that today’s young people, who protested en masse in 2020, are coming to a similar conclusion. Democracy requires a healthy form of dissent, and nothing is more innervating than standing with other people on a sidewalk or on a campus quad or in a public park. Real communities and political possibilities are shaped much more quickly in those spaces, and the free-speech advocacy that I am proposing should always remind its adherents of that. The encampments sprouting up on campuses around the country—and the counter-protests that sometimes accompany them—suggest that much of the public understands this. A modern free-speech movement should, perhaps counterintuitively, direct its focus away from the Internet and, instead, actively encourage dissenters to take their messages to the streets.

Sticking to radical free-speech principles requires discipline, which is something I have not always fully understood. In the past, I was much more skeptical about complaints regarding students shouting down conservative speakers at college functions—I believed that those students were exercising their own First Amendment rights. But the past few years have convinced me that the majority of Americans see a censorious glint in the eyes of the shouters, even when they agree with the shouters politically. I believe those same people can be persuaded to tolerate disruptive, nonviolent protests, but that their sympathies are being swayed by public deplatformings.

These principles also entail disengaging from the construction of safe spaces, the forbidding of certain words, and the prosecution of hate speech—practices that have offered little in the way of real protection but provided a good deal of reactionary fodder. This means that free-speech radicals need to reject the premise that a certain set of words should be set aside as “hate” and prosecuted as crimes. Words are not violence.

The arguments that progressives have made about safety in order to silence speakers with objectionable views have lately been turned back around on them. This might seem like justice to some, but it only produces an endless volley of silly accusations: everyone is a bigot; everyone is a hypocrite; nobody understands the First Amendment; you are always censoring me and vice versa. Young people will continue to engage in legal, peaceful protest and civil disobedience. And, as their protests escalate, even if they do so peacefully, they will meet condemnation and repression from both sides of the aisle. The twenty-tens saw more worldwide street protests than any decade in recorded history. The twenty-twenties have seen more of the same. Does anyone think that we currently have the moral or rhetorical language to address what is happening not only in this country but on campuses and in city squares around the world? The First Amendment is not enough. ♦

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9.3: The Argumentative Essay

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Learning Objectives

• Examine types of argumentative essays

Argumentative Essays

You may have heard it said that all writing is an argument of some kind. Even if you’re writing an informative essay, you still have the job of trying to convince your audience that the information is important. However, there are times you’ll be asked to write an essay that is specifically an argumentative piece.

An argumentative essay is one that makes a clear assertion or argument about some topic or issue. When you’re writing an argumentative essay, it’s important to remember that an academic argument is quite different from a regular, emotional argument. Note that sometimes students forget the academic aspect of an argumentative essay and write essays that are much too emotional for an academic audience. It’s important for you to choose a topic you feel passionately about (if you’re allowed to pick your topic), but you have to be sure you aren’t too emotionally attached to a topic. In an academic argument, you’ll have a lot more constraints you have to consider, and you’ll focus much more on logic and reasoning than emotions.

Argumentative essays are quite common in academic writing and are often an important part of writing in all disciplines. You may be asked to take a stand on a social issue in your introduction to writing course, but you could also be asked to take a stand on an issue related to health care in your nursing courses or make a case for solving a local environmental problem in your biology class. And, since argument is such a common essay assignment, it’s important to be aware of some basic elements of a good argumentative essay.

When your professor asks you to write an argumentative essay, you’ll often be given something specific to write about. For example, you may be asked to take a stand on an issue you have been discussing in class. Perhaps, in your education class, you would be asked to write about standardized testing in public schools. Or, in your literature class, you might be asked to argue the effects of protest literature on public policy in the United States.

However, there are times when you’ll be given a choice of topics. You might even be asked to write an argumentative essay on any topic related to your field of study or a topic you feel that is important personally.

Whatever the case, having some knowledge of some basic argumentative techniques or strategies will be helpful as you write. Below are some common types of arguments.

Causal Arguments

• In this type of argument, you argue that something has caused something else. For example, you might explore the causes of the decline of large mammals in the world’s ocean and make a case for your cause.

Evaluation Arguments

• In this type of argument, you make an argumentative evaluation of something as “good” or “bad,” but you need to establish the criteria for “good” or “bad.” For example, you might evaluate a children’s book for your education class, but you would need to establish clear criteria for your evaluation for your audience.

Proposal Arguments

• In this type of argument, you must propose a solution to a problem. First, you must establish a clear problem and then propose a specific solution to that problem. For example, you might argue for a proposal that would increase retention rates at your college.

Narrative Arguments

• In this type of argument, you make your case by telling a story with a clear point related to your argument. For example, you might write a narrative about your experiences with standardized testing in order to make a case for reform.

Rebuttal Arguments

• In a rebuttal argument, you build your case around refuting an idea or ideas that have come before. In other words, your starting point is to challenge the ideas of the past.

Definition Arguments

• In this type of argument, you use a definition as the starting point for making your case. For example, in a definition argument, you might argue that NCAA basketball players should be defined as professional players and, therefore, should be paid.

https://assessments.lumenlearning.co...essments/20277

Essay Examples

• Click here to read an argumentative essay on the consequences of fast fashion . Read it and look at the comments to recognize strategies and techniques the author uses to convey her ideas.
• In this example, you’ll see a sample argumentative paper from a psychology class submitted in APA format. Key parts of the argumentative structure have been noted for you in the sample.

Link to Learning

For more examples of types of argumentative essays, visit the Argumentative Purposes section of the Excelsior OWL .

Contributors and Attributions

• Argumentative Essay. Provided by : Excelsior OWL. Located at : https://owl.excelsior.edu/rhetorical-styles/argumentative-essay/ . License : CC BY: Attribution
• Image of a man with a heart and a brain. Authored by : Mohamed Hassan. Provided by : Pixabay. Located at : pixabay.com/illustrations/decision-brain-heart-mind-4083469/. License : Other . License Terms : pixabay.com/service/terms/#license

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Praxis Core Writing

Course: praxis core writing   >   unit 1, argumentative essay | quick guide.

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Argumentative essay (30 minutes)

• states or clearly implies the writer’s position or thesis
• organizes and develops ideas logically, making insightful connections between them
• clearly explains key ideas, supporting them with well-chosen reasons, examples, or details
• displays effective sentence variety
• clearly displays facility in the use of language
• is generally free from errors in grammar, usage, and mechanics
• organizes and develops ideas clearly, making connections between them
• explains key ideas, supporting them with relevant reasons, examples, or details
• displays some sentence variety
• displays facility in the use of language
• states or implies the writer’s position or thesis
• shows control in the organization and development of ideas
• explains some key ideas, supporting them with adequate reasons, examples, or details
• displays adequate use of language
• shows control of grammar, usage, and mechanics, but may display errors
• limited in stating or implying a position or thesis
• limited control in the organization and development of ideas
• inadequate reasons, examples, or details to explain key ideas
• an accumulation of errors in the use of language
• an accumulation of errors in grammar, usage, and mechanics
• no clear position or thesis
• weak organization or very little development
• few or no relevant reasons, examples, or details
• frequent serious errors in the use of language
• frequent serious errors in grammar, usage, and mechanics
• contains serious and persistent writing errors or
• is incoherent or
• is undeveloped or
• is off-topic

How should I build a thesis?

• (Choice A)   Kids should find role models that are worthier than celebrities because celebrities may be famous for reasons that aren't admirable. A Kids should find role models that are worthier than celebrities because celebrities may be famous for reasons that aren't admirable.
• (Choice B)   Because they profit from the admiration of youths, celebrities have a moral responsibility for the reactions their behaviors provoke in fans. B Because they profit from the admiration of youths, celebrities have a moral responsibility for the reactions their behaviors provoke in fans.
• (Choice C)   Celebrities may have more imitators than most people, but they hold no more responsibility over the example they set than the average person. C Celebrities may have more imitators than most people, but they hold no more responsibility over the example they set than the average person.
• (Choice D)   Notoriety is not always a choice, and some celebrities may not want to be role models. D Notoriety is not always a choice, and some celebrities may not want to be role models.
• (Choice E)   Parents have a moral responsibility to serve as immediate role models for their children. E Parents have a moral responsibility to serve as immediate role models for their children.

How should I support my thesis?

• (Choice A)   As basketball star Charles Barkley stated in a famous advertising campaign for Nike, he was paid to dominate on the basketball court, not to raise your kids. A As basketball star Charles Barkley stated in a famous advertising campaign for Nike, he was paid to dominate on the basketball court, not to raise your kids.
• (Choice B)   Many celebrities do consider themselves responsible for setting a good example and create non-profit organizations through which they can benefit youths. B Many celebrities do consider themselves responsible for setting a good example and create non-profit organizations through which they can benefit youths.
• (Choice C)   Many celebrities, like Kylie Jenner with her billion-dollar cosmetics company, profit directly from being imitated by fans who purchase sponsored products. C Many celebrities, like Kylie Jenner with her billion-dollar cosmetics company, profit directly from being imitated by fans who purchase sponsored products.
• (Choice D)   My ten-year-old nephew may love Drake's music, but his behaviors are more similar to those of the adults he interacts with on a daily basis, like his parents and teachers. D My ten-year-old nephew may love Drake's music, but his behaviors are more similar to those of the adults he interacts with on a daily basis, like his parents and teachers.
• (Choice E)   It's very common for young people to wear fashions similar to those of their favorite celebrities. E It's very common for young people to wear fashions similar to those of their favorite celebrities.

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Public Speaking Tips & Speech Topics

166 Argumentative Essay Topics

Jim Peterson has over 20 years experience on speech writing. He wrote over 300 free speech topic ideas and how-to guides for any kind of public speaking and speech writing assignments at My Speech Class.

Writing an argumentative essay is hard enough. But picking a good topic can sometimes get you stuck before you’ve even started.

Although it seems like a small part of the essay writing process, your topic idea can actually make or break your paper. Suppose the issue you’ve settled on doesn’t carry enough potential to be researched and explored from different sides. In that case, you may end up wasting a lot of time on unproductive work before you finally give up and try to find a better subject.

That’s why we compiled an extensive catalog of argumentative essay topics organized by subject matter that you can use for inspiration. Feel free to browse through all sections or jump to the area you’re looking for.

In this article:

Choosing a Great Argumentative Essay Topic

What makes a good argumentative essay topic, interesting and controversial, immigration, racism, and native american issues, science and research, technology and social media, health, medical, and nursing, psychology and mental health, music, popular culture, and other creative endeavors, funny, easy, and simple.

Before we jump into the lists, let’s go over what you need to look for in an essay topic.

Many students assume that they can pick an issue first and then think about their essay later. But that actually sets you up for potential disappointment. A topic may seem tenable or defensible at first, but once you dig a bit deeper, it may turn out the issue is settled beyond doubt, and there’s no real point in writing about it. It may also be a good idea to sketch out your argumentative essay outline and even draft a thesis statement before making a final decision about what you want to explore.

Here’s a helpful video that explains the importance of preliminary research:

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Another thing to consider is how fascinating the topic is for you . It’s great to engage your audience, but you can’t really be sure if an issue is captivating for your teacher or professor. But you can be entirely sure if it’s interesting to you. And the more you care about the subject you’ve chosen, the more enjoyable it will be for you to put in the work.

It may seem at first that you can write an essay about anything, so why bother thinking too much about the topic? Well, you can write about anything, but not everything you write can fit the requirements of your assignment. An argumentative essay has to fit a specific format and style, and the topic you pick has to conform to those. Here are a few main characteristics of a good argumentative essay topic:

If no one disagrees with the argument you’re trying to make, what’s the point of arguing about it? Trying to convince your audience that texting while driving is dangerous is a waste of time because the assumption is that most people don’t need convincing. That’s why it’s crucial to pick an issue with at least some validity on both sides.

If your topic is not specific enough, you can’t really make a good point one way or the other. Should we do more to protect animals? That depends—are we talking about rhinos or mosquitos? And who should do the protecting—governments or ordinary citizens? Drill down your topic to something you can make a definitive point about.

If you can’t find something to back your argument with, then maybe it’s purely a matter of opinion. Are pancakes better than pizza? Who’s to say? A good topic allows you to make a point based on facts. That said, defending an insupportable position is sometimes good practice for pure critical thinking and works great for impromptu assignments where there is no time for research.

Of course, after you’ve picked a topic, you still have to write the actual essay. Here’s a video to help guide you through the process:

166 Argumentative Essay Topic Ideas (Organized in Sections)

Below you’ll find a number of lists of argumentative essay topics organized in sections by subject matter. They range from sports to history and anything in between. Keep in mind that many of the issues have to do with more than one field of knowledge, so there is some overlap between sections.

You may notice that all of the topics are in the form of a question. We’ve done that to make them neutral towards the issue they touch upon, but for the purposes of an argumentative essay, you might want to convert them to a statement that conveys the claim you’ll support in your paper.

One of the best ways to ensure your audience is engaged in your essay is to choose a topic that’s, to some extent, contentious. Your teacher or professor is unlikely to doze off if the issue at hand is something that everyone has a strong opinion about. Controversy will make your job easier, too—it’s a lot more painless to do research and write when you have a genuine interest in the topic.

But there’s also a pitfall to hot-button topics, especially age-old ones. There’s a chance the arguments you choose have been made a thousand times already. That’s not to say you should never write about euthanasia or abortion. Just pick your ideas carefully and make sure they’re fresh and original to avoid making your audience yawn.

Below are a few controversial argumentative essay topics from across subject matters to give you inspiration:

• Should human cloning be allowed?
• Should abortion be subject to stricter regulation?
• Should there be greater gun control?
• Do video games cause violent behavior?
• Should the death penalty be abolished?
• Is torture justifiable as an interrogation technique?
• Should there be any exceptions to free speech?
• Did the #metoo movement go too far?
• Is capitalism the only effective economic system?

Most topics on this page can work for any academic level in which students are already versed in research and persuasive writing. But in this section, we’ve collected issues specifically related to education and sorted them into the different stages of school. So besides college, here you’ll find topics that can be used by high school and middle school students.

For College

Below is a selection of argumentative essay ideas that have to do with college life. Is college worth it? Is it too expensive? Read on to find similar questions.

• Should everyone go to college?
• Is college education overrated?
• Is college admission overly competitive?
• Are Ivy League colleges worth the cost?
• Has college tuition become too expensive?
• Should family income play a role in determining who gets a scholarship?
• Is a gap year beneficial or a waste of time?
• Are some college majors more valuable than others?
• What are the benefits of an MBA?
• Is an online college degree as good as one from a brick-and-mortar college?

For High School

Here you’ll find a collection of topics related to high school and all of its triumphs and struggles—perfect for students in this age group.

• Should schools be required to have security?
• Is standardized testing helping or hurting students?
• Does high school encourage creativity or conformity?
• Should high school students work during the school year?
• Should high school students be required to take drug tests?
• Should arts education be voluntary in high school?
• Should the senior year be voluntary?
• Is prom overrated?

For Middle School

Middle school is a great time to start developing writing skills and the ability to make a strong argument. Here’s a list of topics on middle school that are bound to be relatable for students of that age.

• Do teachers give middle school students too much homework?
• Should energy drinks be banned for middle schoolers?
• Should vending machines be banned in schools?
• Is school cafeteria food too unhealthy?
• Should middle school be single-sex or co-ed?
• Is distant learning effective for middle school students?
• Should students have a choice on what subjects to study in middle school?
• Should learning a foreign language be required in middle school?

As a bonus, we’re including a special section on bullying—an ongoing problem at all school levels that’s always worth discussing, including in an academic paper.

• Should schools do more to prevent bullying?
• Should parents of bullies be held responsible for their children’s behavior?
• Where is the line between pranks and bullying?
• Do kids bully others because they are mistreated at home?
• Is cyberbullying less harmful than real-life bullying?
• How should cyberbullying be punished?

To make children write an essay, even if it’s just one page, you definitely need to give them a topic they care about. Here are a few ideas:

• Is it ever acceptable to eat dessert before dinner?
• Is it OK for kids to read grown-up books?
• Should kids be allowed to watch grown-up movies?
• Should children get paid when they get good grades?
• Is it better to be a single child or to have siblings?
• Do parents treat their daughters differently than their sons?
• Should parents punish kids if they haven’t done their chores?

Whether you’re looking for a topic for your political science term paper or simply need a strong topic idea for your persuasive writing class, you’ll find something worth exploring in the list below.

• Are US elections representative of the will of the people?
• Should the voting age be lowered?
• Should voting be mandatory?
• Should the Electoral College be abolished?
• Should corporations pay more taxes?
• Should senators and house representatives have term limits?
• Should recycling be mandatory?
• Should prisoners be allowed to vote?
• Should same-sex marriage be allowed?
• Should healthcare be free for everyone?
• Will universal basic income be beneficial for society?

Religious issues often elicit a strong response, but beliefs are not always subject to rational argumentation. Still, such topics often touch on society as a whole and can be great subjects for a paper.

• Should creationism be part of the school curriculum?
• Is religion responsible for war?
• Is science an enemy of religion?
• Should public prayer be banned in schools?
• Should religion be taught in schools?
• Should laws be affected by religion?
• Should churches be required to pay taxes?

History is always up for debate, and there’s plenty of credible sources to explore, so if you need an essay topic for your history class, feel free to pick one from the list below.

As a bonus, we’ve added a couple of specialized subsections on World War 2 and American history.

• Can we ever know the “truth” about historical events?
• Is life better now than it was 100 years ago?
• Have peaceful revolutions ever led to real change?
• What caused the fall of the Roman Empire?
• Was Julius Caesar a tactical genius or a deranged dictator?
• Did European colonialism help or harm the colonized populations?
• Did nuclear weapons help make the world safer or more dangerous?
• Were the bombings of Hiroshima and Nagasaki the only way to end World War 2?
• Should the US have stayed out of World War 2?
• What caused the rise of Nazism in Germany?
• Was Stalin’s rule more harmful than Hitler’s?
• Could World War 2 have been avoided if Hitler had been admitted to art school?

American History

• Who was the greatest US president of all time?
• Could the Civil War have been avoided?
• Was the Declaration of Independence a declaration of war?
• Was the Constitution a proslavery document?
• Should the US founding fathers who owned slaves be revered as much as those who didn’t?
• How did Abraham Lincoln’s assassination affect Reconstruction?

Here we have a group of issues that are often related, but we sometimes wish they weren’t. In any case, they’re an excellent opportunity to practice argumentative writing.

• Should it be mandatory for Americans to speak English fluently?
• Should immigrants who enter the US illegally be granted residency?
• Should children of immigrants who enter the US illegally be entitled to public education?
• Is affirmative action helping or hurting racial equality?
• Should the US government pay reparations for slavery?
• Is the Black Lives Matter movement equivalent to the Civil Rights movement?
• Should Columbus Day be abolished and replaced with Indigenous Peoples’ Day?
• Should Native Americans be compensated for how settlers treated them?

Here you’ll find topics related to various scientific fields that you’re bound to find evidence on to build a solid research paper.

• Should the government fund scientific research?
• Should corporate interests influence scientists?
• Do people have enough trust in science?
• What is the biggest issue facing humanity that scientists should focus on the most?
• Should we spend resources looking for alien life?
• Is space travel worth the cost?
• Do humans cause climate change?
• Is fracking harmful to the environment?
• Are scientific breakthroughs or government regulations a better solution to the environmental crisis?

Many issues around technology and social media are up for debate, so they can serve as an excellent basis for a persuasive essay.

• Is technology helping or hurting society?
• Has the internet caused more harm than good to society?
• Are we becoming too dependent on computers?
• Is technology making us more isolated?
• Is AI dangerous for humanity?
• Are smartphones dangerous?
• Is social media helping us stay connected or making us more lonely?
• Are social media companies responsible for the spread of fake news?
• Does social media contribute to political radicalization?
• Should Facebook be banned from collecting data from users?
• Should people be allowed to stay anonymous online?

In this section, we’ve curated argumentative essay topics related to health and medicine that are worth exploring.

• Should the morning-after pill be sold to underage teens?
• What is the best way to fight the obesity epidemic?
• Are GMOs dangerous?
• Should there be limits on sugary drink sizes?
• Is healthcare a fundamental human right?
• Should assisted suicide be legalized?
• Should doctors be banned from promoting drugs?
• Should medical marijuana be legal?
• Should parents be able to deny medical treatment for their children?
• Are nurses compensated fairly?
• Should nurses be allowed to prescribe drugs?
• Is the nursing profession better suited for women?

If you’re struggling to come up with an argumentative essay topic for your psychology class, feel free to pick one from the list below.

• Does screen time negatively affect children’s psyche?
• Should psychotherapists inform the police if a client admits to breaking the law?
• Do dreams have any meaning?
• Is positive thinking helpful or harmful?
• Can lie detectors ever be trusted?
• Are projective tests such as inkblots reliable?
• Can hypnosis help us remember forgotten events?
• Is prejudice against different people inherent to humans?
• Is anxiety ever helpful?

There’s no shortage of discussions surrounding sports, but they’re often too specialized to be interesting for the layman. Here are a few broad and contentious ones that can lay the grounds for a strong argumentative essay.

• Should athletes be considered role models?
• Should coaches make as much money as players?
• Should athletes face repercussions if they don’t stand for the National Anthem?
• Is football too dangerous?
• Is sports betting different from casino gambling?
• Is cheerleading a real sport?
• Do sports rely too much on computer predictions nowadays?
• Should performance-enhancing drugs be allowed in sports?

Here you’ll find argumentative essay topics related to music, films, and other art forms that shape today’s pop culture.

• Is music getting better or worse over time?
• Is listening to music an effective remedy against stress?
• Are television shows an accurate representation of the American lifestyle?
• Did the golden age of Hollywood pass?
• Should celebrities be considered role models?
• Should any artwork be censored?
• Is art unique to humans, or can it be observed in other animals?

If you care about animals, you might want to write an argumentative paper on a topic related to animal welfare. Here are a few ideas:

• Should animal research be banned?
• Should zoos or aquariums be banned and replaced with wildlife reserves?
• Should fur be banned?
• Should we stop eating animals?
• Should the government try to save endangered species?
• Is hunting for sport justifiable, or should it be banned?
• Do animals have emotions?
• Do pets help kids learn to be caring and empathetic?

Sometimes you just don’t want to deal with complex and serious issues or excessive research. That’s why we curated a collection of light-hearted and easy argumentative essay topics.

• Is complaining helping us deal with stress?
• Is talent more important than hard work or vice versa?
• How much compromise is OK in a relationship?
• Should couples live together before getting married?
• How important is it to keep your home clean and tidy?
• At what age do you become an adult?
• Are parents entitled to knowing everything about their kids?
• How long is it acceptable to stay in a restaurant after finishing your meal?

Looking for a topic for a different type of essay? We’ve compiled a huge catalog in our Essay Topics page. If you want something that carries a stronger emotional charge for your paper, speech, or debate, you can also check out our list of Controversial Topics .

127 Funny Controversial Topics

121 Funny Debate Topics for Your Class

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Free Argumentative Essay Generator

State the point to be discussed in your body paragraph

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State an opposing point to be discussed in body paragraph

State a similar aspect to be discussed

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• ️💡 Why Use Our Generator?
• ️✍️ What Is an Argumentative Essay?
• ️📚 Essay Structure
• ️🗣️ Types of Arguments
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• ️🔗 References

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✍️ What Is an Argumentative Essay?

An argumentative essay is a type of writing where you research a specific subject, state your point of view, and gather evidence. Its aim is to persuade readers to side with your viewpoint.

Assignments for argumentative essays usually require substantial research of literature and previously published material. Additionally, you may need to conduct an empirical investigation . It means that you will gather information through interviews, surveys, observations, or experiments.

📚 Argumentative Essay Structure

An argumentative essay has a simple structure. It consists of 3 core parts: introduction, body, and conclusion. Let’s take a look at each of them separately.

Introduction

Your essay's introduction will consist of 3 parts:

• Every paper begins with a captivating hook that motivates the audience to read your text thoroughly. It can be a shocking fact, a striking piece of statistics, or a humorous phrase.
• The hook is then followed by a brief review of the topic's background .
• Finally, a thesis statement that encapsulates the main ideas and sets the objectives for the entire essay.

An argumentative essay usually includes 3 or more body paragraphs that provide supporting or opposing arguments for the chosen topic. There, you usually list examples, evidence, statistics, studies, and citations to strengthen your position. Each paragraph starts with a short topic sentence summarizing its main argument.

A conclusion wraps up the entire assignment and links all the elements together. It aims to give a general overview of the whole essay and give it closure. A well-written conclusion appeals to the reader's emotions and effectively explains why it was essential to analyze the chosen topic in the first place.

🗣️ Types of Arguments

Good argumentation is the secret of a good essay. Even the greatest ideas will sink into the air if not supported by convincing facts. To help you with this task, we present to you 3 most popular argumentation techniques. Choose the one that suits you most!

Classic (Aristotelian)

Let's start with a default framework, also known as Aristotelian . It uses reasoning in combination with logical facts. You can apply it to almost any concept except those that haven’t been researched enough. Aristotelian argumentation is perfect for narrow and straightforward topics.

It has the following structure:

• A brief description of the topic.
• A paragraph that explains your viewpoint.
• A section that describes the opposing idea.
• A presentation of proof that supports your position.

The Toulmin technique works best for unraveling complex issues that can be viewed from many angles. It has 7 primary sections that you can rearrange in any way that works best for your essay:

• A concise statement of your viewpoint.
• Several paragraphs that include supporting proof, such as statistics or scientific facts.
• A paragraph that explains the relationship between your claim and evidence.
• Additional findings to back up your assertion.
• A review of opposing viewpoints.

Note that if you choose the Toulmin approach, your arguments should be used only to refute another claim. So, instead of researching a topic, your Toulmin essay will solely aim at disproving an opposing viewpoint.

The Rogerian technique is somewhere between Aristotelian and Toulmin. If you use it, you accept the legitimacy of both your and the opposition's stance. It's the least aggressive and most courteous approach, which aids in persuading skeptical readers.

It is structured in five steps as follows:

• A description of the topic.
• A paragraph about your opponent’s ideas.
• A section about your viewpoint.
• A proposition of compromise that allows both points of view to coexist.
• A conclusion.

🔥 How to Write an Argumentative Essay

Writing an argumentative essay may initially seem complicated, but knowing the specifics makes it much easier. Here you’ll find a small step-by-step guide that will help you ace your task.

1. Answer the Question from the Topic

An argumentative essay requires you to present a clear opinion. To do it, you can ask yourself a major topic-oriented question. Then, develop your thesis statement as a response to that question. For instance, your question may be, "What is the best drink?" Then your thesis will say: the best drink is pineapple juice.

This technique simplifies the writing process because you’ve chosen a position from the start and won’t have to formulate your opinion later in the main body.

2. State Why the Opposing Argument Is Wrong

To effectively defeat opposing viewpoints , try stating your objections right away. For example, "Some people believe that apple juice is the best, but not everyone supports this opinion. Compared to apple's sour taste, pineapple juice offers a much more balanced flavor that combines sweet and sour." This approach works well since it backs up your point of view with proof and doesn’t allow your opponent to win.

3. Outline Your Main Points

It’s vital to support each claim you make with facts. To do it, make sure to find enough adequate evidence that can serve as key assertions. It’s best if you select the strongest of them and write them down in an outline. To strengthen your claims even further, don't hesitate to make a list of references and citations from different sources.

4. Write a Draft

It's now time to start writing the first draft of your argumentative essay. All you have to do at this stage is to collect all the parts of your outline together. Ensure a logical flow between paragraphs, and use transitional words to connect your ideas.

Additionally, you may use our argumentative essay generator to create a perfect draft that can serve as a basis for your essay. You can then edit and improve it as you see fit.

5. Edit and Proofread

After the draft is complete, you can start polishing and proofreading it. This time, try to locate and resolve all the grammatical and logical mistakes . Look for areas of your essay that can be clarified or arguments that lack persuasiveness.

Finally, when you feel like your essay is perfect, you can call it a day. Until then, try not to hurry and be sure to revise everything carefully.

As you can see, there is nothing impossible about writing an argumentative essay, especially if you have great AI helpers like our free generator. Try it now and see how the quality of your papers goes through the roof!

We also recommend trying out our business tools such as SOAR analysis matrix and STP template .

❓ Argumentative Essay Generator FAQ

❓ what are the 5 parts of an argumentative essay.

The 5 parts of an argumentative essay include an introduction with a hook, background information on your chosen topic, a thesis statement, body paragraphs with an argument for or against your point of view, and a conclusion.

❓ What is the purpose of an argumentative essay?

A compelling argumentative essay aims to state a specific point of view regarding the chosen topic. To do it, you can use different arguments, evidence, and other proof. Aside from that, an argumentative essay also aims to disprove the opposing viewpoint.

❓ How to start the prewriting process for an argumentative essay?

The first step in prewriting the argumentative essay is to research and gather evidence and facts to support your thesis. Also, sometimes you might have to do empirical research. It means gathering information through interviews, surveys, observations, or experiments.

❓ In an argumentative essay, what tone should the author use?

The tone of an argumentative essay should be persuasive and authoritative. Persuasiveness means that you convince the reader that your position is correct and the opposing view is wrong. An authoritative tone will further demonstrate your expertise. Try to strike a balance in tone, and you'll succeed.

🔗 References

• Argumentative Essay/Commentary: The University of Toledo
• How to Write a Good Argumentative Essay: Easy Step-by-Step Guide: Masterclass
• How to Write a Standout Argumentative Essay: Grammarly
• Suggestions for Developing Argumentative Essays: University of California Berkeley
• Tips for Organizing an Argumentative Essay: Valparaiso University

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Jane Coaston

Getting Back to Basics on Free Speech

By Jane Coaston

Ms. Coaston is a contributing writer to Opinion.

At colleges and universities across the country, from Cal Poly, Humboldt, to Columbia, students have been protesting the war in Gaza. Some of those protesters have demanded that their universities divest from companies that may directly or indirectly support Israeli military operations; others have called for a cease-fire, while others have far wider demands.

The protests have generated another round of discussion (and endless takes on the internet) about free speech on college campuses. Which forms of speech are permissible (and legal)? What about universities that purportedly champion free speech suddenly deciding that maybe there’s such a thing as too much freedom of speech? And, personally, I want to know why we pay so much attention to Ivy League schools most of us didn’t go to.

I spoke with Greg Lukianoff, the president and C.E.O. of the Foundation for Individual Rights and Expression (FIRE), a nonpartisan group that champions and defends free speech. His most recent book , written with Rikki Schlott, is “The Canceling of the American Mind: Cancel Culture Undermines Trust and Threatens Us All — But There Is a Solution.” We discussed what free speech is and isn’t, what conservatives are getting wrong about college campuses and how Oct. 7 changed how he views free speech.

This interview has been edited for length and clarity and is part of an Opinion Q. and A. series exploring modern conservatism today, its influence in society and politics and how and why it differs (and doesn’t) from the conservative movement that most Americans thought they knew. And, for disclosure, I spoke to FIRE’s Student Network Conference in 2021.

Jane Coaston: What do college campuses mean to you?

Greg Lukianoff: Done right, their single most important contribution is edging toward truth not by getting there directly but by chipping away at falsity. Professors getting in trouble for their opinions is much more dangerous than people understand. Because when people see that, it rightfully undermines their belief that experts are actually being objective. Even if there’s just social pressure to come to certain conclusions, that’s bad enough for the search for truth. Nearly one-third of professors report that administrators are telling them to steer clear of controversial research.

[ Mr. Lukianoff was citing FIRE’s own research .]

Coaston: Why do you think we fixate on very specific types of college campuses? Your book features lengthy discussions of both Harvard and Yale. Most people don’t go to the Ivies; most people don’t go to college, period. What is the impact of activities at Ivy League campuses on people who went to Auburn or Michigan, or Eastern Michigan or Northern Michigan?

Lukianoff: Yeah, I would love it if Harvard and Yale and Princeton and Stanford didn’t matter as much to the country as they do, but they do, unfortunately. When you look at the fact that nearly every single member of our Supreme Court at one point attended either Harvard or Yale, it’s pretty galling. When you look at a lot of the leadership of both parties, a lot of them are Yale and Harvard people.

If our society didn’t so handsomely reward the small number of schools and if those schools were not the gateway to things like Goldman Sachs and in some cases to the White House, then we’d be a healthier country. But we’re kidding ourselves if we pretend as currently structured that we don’t wildly overfavor people who attended the sample of schools.

Coaston: Why do you think that student protests that limit the speech of others get more attention than universities that limit speech? Which concerns you more?

Lukianoff: They both concern me. Last year was the worst year for deplatforming that we’ve seen, and we include in that shout-downs and physically blocking people from getting through a speech, chasing someone off campus like they did actually at Berkeley this year. Those are deplatformings. This year is set to blow that out of the water. What universities need to own is that if they have students who think it’s not just OK but it’s actually profoundly moral to chase off speakers they don’t like, rather than protest outside or ask tough questions, for example, that they’ve done a real disservice to those students. They failed to explain what higher education is supposed to be.

[ Mr. Lukianoff’s organization considers efforts, for example, to get speakers disinvited from campus or cancel screenings of films as deplatforming. ]

To be fair, some administrators are very good on free speech and academic freedom, but a lot of the administrators we battle in some cases are ideologues, and they believe that this speech needs to be shut down because it’s somehow toxic or whatever. In other cases, they’re doing what Dean Wormer would’ve done, which is simply shutting down speech because they don’t like it or because it’s inconvenient or because they want peace and quiet on their watch.

[ Dean Wormer is the administrator in the film “National Lampoon’s Animal House.” ]

Coaston: How did Oct. 7 and Israel’s war in Gaza and the activism that followed changed people’s views on the First Amendment and how people think about it?

Lukianoff: Last fall was a time where — I don’t want to say just conservatives, because I think there were a lot of people from different points in the spectrum who were kind of horrified in some cases, for example, by the students who I believe, actually, on Oct. 7, or at least on Oct. 8, were holding Israel entirely responsible for these attacks. That was something that people who would think of themselves even on the left found pretty galling, but it did lead to a lot of cancel culture. It did lead to a lot of attempts to get people out of jobs. And it led to people who normally were very critical of cancel culture in some cases, to sort of make an exception for people who were very pro-Palestine.

Cancel culture comes from both the right and the left. For some people, post-Oct. 7 made them fans of cancel culture when it worked to their advantage. It was a sort of clarifying moment for the people who support free speech even in the situations where in some cases you might consider the speech highly unsympathetic.

Coaston: How should we be thinking about offensive speech? In your book, you discussed the difference between free-speech laws and free-speech culture, and that ties into the idea of hate speech or offensive speech because you can say that there’s no rule against hate speech in the Constitution, but if you are a college administrator, someone screaming, “Kill all the Jews,” it’s probably something that you are going to want to curtail, even though it is technically legal. So how do you think about the difference between what is legal and what should be culturally permissible?

Lukianoff: That there’s a value to know what people really think not even if it’s horrifying or ugly or gross but especially if it is. One way of looking at it is: When there’s an environment where people are not being authentic because they’re afraid of being offensive, it can actually sometimes give greater suspicion among people.

But there’s value to knowing what people really think even when it’s wrong. I always give the example of: Lizard people who live under the Denver airport do not actually, in fact, control the world, but knowing that your girlfriend or your uncle or someone in your family or your teacher, for that matter, believes that they do is really important information to know.

An awful lot of the value of information is not knowing the objective nature of reality but rather knowing what people really think. When it comes to things like “Zionists must die,” depending on the circumstances, that absolutely can be potentially a threat, that can be intimidation, and if it’s part of a pattern of behavior, it can potentially be discriminatory harassment on campus. But when figuring out whether or not speech is or is not protected, context really does matter.

Coaston: What do you think conservatives get wrong about campuses right now?

Lukianoff: Conservatives focus a lot on the professoriate. Even though we are happy to defend their student chapters when they get in trouble for their speech, I take great issue with Charlie Kirk and Turning Point USA and their professor watch list, which is something that I very much object to, particularly when they add, “Here is how you can contact this administration.” We count that as a cancellation attempt.

Now, Turning Point USA thankfully has not actually been successful in getting professors canceled, but they certainly do report that they got a lot of hate mail and nasty calls.

Coaston: What do you think conservatives get right about campuses right now?

Lukianoff: I came to FIRE in 2001, somewhat hard to convince that the problem of viewpoint diversity was all that big of a deal. Like, “So what? Professors lean somewhat more to the left.” I thought the numbers were something like two to one or maybe even three to one in terms of left-leaning professors versus conservative. As I started to learn more about the actual data, I got a lot more concerned about it because when you have an environment that doesn’t have people who really fundamentally disagree with each other and you have an environment that practically excludes from certain departments people who represent maybe half of the voting population of the United States, you shouldn’t be surprised that group polarization effects take over.

If you were to take your 12 best friends and then go off, split them in half according to politics and then go off with your six most right- or left-leaning to talk about hot-button issues, you’re probably going to come back more radicalized in the direction of the group. That’s what group polarization means. I think that I underestimated how much the lack of viewpoint diversity creates an environment that tends to go further and further to the left. I don’t know a really easy way to fix that problem. One solution — and it’s something that Dartmouth has talked about — is to have a lot more classes that are co-taught by people who actually disagree with each other. People have mentioned the model of Robert P. George and Cornel West at Princeton.

But if you have an environment with too low of viewpoint diversity, it becomes a lot easier to think in terms of there’s an us — the clever, moral, smart people — and then there’s the they, the stupid and evil. That is a problem that I underappreciated earlier in my career, and I now take a lot more seriously.

Coaston: In the book you write about the perils of common-good conservatism. What worried you about that movement on the right?

Lukianoff: Where to begin with that? In a lot of ways, it seems to be an idea based on a kind of universal understanding of morality — which right there, that kind of scares me because I’ve been an atheist since seventh grade and I’ve always sort of balked at the idea of there being any idea of universal morality. That’s one of the things that we First Amendment people always love. We love the weirdos. We love the odd ones. We love the people who are out of step and don’t fit in within their same neighborhood or group. It sounds very much like a formula for authoritarianism.

Coaston: You’ve been doing this for a while. I want to ask you how you think a few major events or inventions have changed First Amendment concerns and how people perceive the First Amendment. How do you think the Trump presidency changed First Amendment concerns and how people perceive the First Amendment?

Lukianoff: Well, Trump sped up a lot of pre-existing trends, just like social media did, that essentially a lot of the concerns on the left about the right went into overdrive. Trump has a tendency to not really care about bringing people together. He’s perfectly fine having enemies that he targets. It led to a sort of even nastier form of the already fairly nasty politics that we’ve had, and 2017 through 2021 through the end of the Trump presidency was a pretty crazy time. And I think that, partially because there are some on the right who aren’t consistent about free speech and wrap themselves in the idea of being free-speech defenders, it makes it very easy for people who want to be cynical about those of us who do it for a living to sort of throw us in with people like that.

Coaston: How did the events of Jan. 6 change First Amendment concerns and how people think about it?

Lukianoff: I would say the biggest debate over Jan. 6 was whether or not it constituted Brandenburg incitement . That may sound kind of unsexy, but it matters because Brandenburg was kind of the resolution of cases that came out of World War I that originally fell upon the idea that speech can be stopped only if it’s a clear and present danger. Brandenburg got you to a stage where it has to be imminent lawless action that is also likely to happen, that you help happen — essentially standing in front of the mayor’s office saying, “Let’s go burn down the mayor’s office,” when a lot of people have torches in their hands, that would be incitement.

When it comes to what happened on Jan. 6 in First Amendment circles, there’s a lot of disagreement about whether that’s actually counted as incitement. I definitely understand people like my friend David French, who make the argument that if this doesn’t count as incitement, then maybe our definition of incitement is wrong. I have some sympathy for that point of view, even though I am with the majority of First Amendment people who still think the Brandenburg standard is overall the right standard.

[ Mr. French said that he still agrees the Brandenburg standard is the right one but believes that Mr. Trump’s actions meet that standard .]

Coaston: And then this past year, we talked a bit about this already, but you had a book about free speech come out 10 days after Oct. 7. How did the aftermath of Oct. 7 change how people view the First Amendment? Did it change your views?

Lukianoff: I think it was a reminder to get back to basics and explain more. Because most people, when they hear certain lines, they’re like, “So you’re telling me that sincerely trying to kill an entire group of people is protected?” Usually when people say that, they add “sincerely and seriously,” then you have to take a step back and explain, “Listen, the two things at issue here more than anything else are ‘From the river to the sea, Palestine should be free,’ and ‘intifada.’” Once you get people back there, you can be like, “And don’t you think those phrases by themselves are protected?” And generally you can get people, if they’re being reasonable to any degree, to go, “Well, yeah. Well, those are protected.” Now, if you’re saying that in certain contexts, again, it can be intimidation, it can be threats, it can potentially be discriminatory harassment, but there’s got to be more than just the phrases themselves.

So it was a good reminder sometimes to get back to some of the first principles of it and to remind people of simple ideas like what we call the bedrock principles. In our society, under the First Amendment, one of our bedrock principles, according to Texas v. Johnson, a 1989 case, is that you can’t ban speech simply because it’s offensive. That is a wonderful, sensible rule for a genuinely multicultural and diverse society, because people in different economic classes, people from different regions, people from different groups, people from different states, people from different countries, all have very different ideas of what is offensive. You would necessarily have to privilege what is deemed offensive by some group or some person or some group of people or some individuals of what is offensive. And that cuts against the kind of pluralism that you’re trying to protect.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

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Jane Coaston was the host of Opinion’s podcast “ The Argument .” Previously, she reported on conservative politics, the G.O.P. and the rise of the right. She also co-hosted the podcast “The Weeds.” @ janecoaston

Free Speech Still Applies at Universities

Bad or hateful opinions aren’t against the law.

My conundrum begins with the base concept that there is no such thing as hate speech according to the First Amendment. I believe something very different than the encampment protesters at Columbia. But I believe in defending their right to protest legally just as much. Makes for some uncomfortable times, but it’s the thought that counts.

There are no laws against “hate speech.” Some people have developed an alternate understanding of free speech, with students in particular believing “offensive” speech should not be protected, particularly when the offense is directed at groups defined by race, religion, ethnicity, gender, or sexual orientation. But the 1A says a speaker can call people names and insult them by their religion. What many people think and say is hateful. It is in fact carefully thought out to inspire hate, to promote hate, to appeal to crude and base instincts. Indeed, that is the point. Free speech means just that, with any limited restrictions content-neutral. So there’s nothing in the law per se preventing people from holding and/or shouting anti-Semitic views.

(BONUS: Much of what follows applies to Donald Trump’s own statements to the mob on January 6. His so-called inflammatory statements that morning are protected by much of the same law as the Gaza encampment people. It should make a college age ACLU donor proud to know her $25 contribution with Mom’s credit card helps the Gaza encampment people, Israel supporters, and Trump all at once.)

But what about when that anti-Semitism extends to calls to violence, horrible stuff like signs asking for counter-protesters to become Hamas’s next victims? Brandenburg v . Ohio precludes speech from being shut down as incitement to violence unless 1) the speech explicitly or implicitly encouraged the use of violence or lawless action; 2) the speaker intends that their speech will result in the use of violence or lawless action; and the important one, 3) imminent use of violence or lawless action is the likely result of the speech. (A hostile reaction from a crowd doesn’t count.)

A second type of speech excluded from First Amendment protection and often wrongly labeled hate speech are “fighting words” : speech that instantly “inflict[s] injury or tend to incite an immediate breach of the peace.” This must be directed at a specific individual; offensive speech to a crowd doesn’t count.

The upshot is that, apart from some very narrow definitions of violence-inducing words, the obligation exists to the concept of free speech independent of the content of that speech. This is also one of the most fundamental precepts of free speech in a democracy. There need be no protections for saying things that people agree with, things that are not challenging or debatable or offensive; free speech is not really needed for the weather or sports.

But what about anti-Semitic speech such as “From the river to the sea [wipe out the Jews]?” Isn’t this the equivalent of that bit about “shouting ‘fire’ in a crowded theater”?

The Fire! line comes from the Supreme Court decision in Schenck v . United States and is often cited as justification for limiting free speech. Justice Oliver Wendell Holmes said “the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger.”

The full decision says the First Amendment doesn’t protect false speech that meets three conditions: 1) the speech must be demonstrably false; 2) it must be likely to cause real harm, not just offense or hurt feelings, and 3) must do so immediately, a “clear and present danger.” This interpretation of the First Amendment has been adjudicated to impose a high barrier to restrictions on what can be blocked or banned, and over the years has allowed flags to be burned in front of veterans and real Nazis to march among Holocaust survivors, and—yeah—the “river to the sea” thing. None of this extends to trashing a building or blocking a public highway.

Schenck was what jurists call bad law , in that it sought to use the Espionage Act against a Socialist pamphleteer to stop free speech, not to protect it. (The pamphleteer was determined to be a clear and present danger in wartime.) The case was eventually overturned. The Supreme Court has set a very high bar against restricting speech based on the idea that what is being said leading to violence.

But colleges and universities are not the government. Many are private institutions like X and Facebook that are not subject to the 1A. So shouldn't they have the right to censor their students, the way X can censor tweets and Facebook block users?

Academic administrators like to rely on the idea of “time, place, and manner” in their restrictions on speech. But public funding invokes the First Amendment for schools, though obviously if a school exists that accepts zero public dollars, that’s another story. The legal argument extending the First Amendment to institutions accepting Federal funding is Rosenberger v . University of Virginia , where the Supreme Court held that the University could not fund all student publications except those addressing religious views because such a policy violated the institution’s constitutional obligation not to discriminate against particular viewpoints.

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Universities like Columbia, which accept pubic funds, are avoiding the 1A by claiming their protesting students are trespassing or violating school Codes of Ethics that specify time, place, and manner of protests. Whether the latter would stand up in court is an open question.

There is no legal or other justification for banning speech based on who it may offend or threaten; in fact, quite the opposite. Wendell Holmes declared a “marketplace of ideas”—all ideas, not just popular ones. Free speech is messy as hell, but it is our essential defense against fascism, whether from the left or the right.

Even in the week before finals.

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