Freedom of Expression/Philosophical Origins/Tradition contributions/Rousseau's Thought
What have religious and philosophical traditions contributed to our understanding of this right?
Rousseau's Thought
In his First Discourse, Rousseau elaborates on the problems of moral inequality that he believes have arisen out of unrestricted expression by elites in art, science, and philosophy, determining that “the pernicious inequality created among men by the distinction of talents and the debasement of virtues” gives rise to humanity’s moral decay. Elite control over what information is deemed important in society “corrupts our judgment” and teaches children “everything but their duty” to their families and communities (The Essential Rousseau 1974, p. 222). At the end of the Discourse, Rousseau encourages readers to deny elite priorities in favor of an emphasis on local, communal, and individual needs: “Let us not pursue a reputation which would escape us and which, in the present state of things, would never repay us for what it had cost us, even if we were all qualified to obtain it. Why should we seek our happiness in the opinion of our fellow men if we can find it in ourselves? Let us leave to others the task of instructing peoples in their duties, and limit ourselves to fulfilling our own; if we have that, we have all the knowledge we need” (p. 227).
Similarly, in The Social Contract, Rousseau offers a political system to address part of this problem, outlining that the institution of his ideal body politic depends upon the “complete surrender of each associate, with all his rights, to the political community” and the allocation of each person “and all his power...under the supreme control of the general will” (p. 17). While Rousseau posits that ensures equal political conditions for all and disincentivizes decisions that do not benefit the whole community, such a system also includes harsh restrictions on individual freedom of expression as it is conventionally understood today.
While Rousseau endorses open debate and dissent during the lawmaking process, censorship plays a prominent role in the enforcement of newly-created laws to more easily keep subjects content and make legislation better reflect the general will: “although the law does not regulate morals, it is legislation that gives birth to them…censorship can be useful for preserving morals, but never for restoring them” (p. 105). To Rousseau, the majoritarian nature of the sovereign “always tends toward the public good” and leaves little opportunity for dissent in the political process after laws have been passed (p. 26). The role of the “government” in Rousseau’s thought also imposes coercive restrictions on individual expression. In carrying out its responsibilities as an executive force, Rousseau believes that the government ought to compel individuals to abide by the decisions of the general will and suppress those who speak out against it–a responsibility Rousseau recognizes as vital to the continual existence of the sovereign (p. 52).
Censorship is also a prominent element of the responsibilities of Rousseau’s lawgiver, the societal first mover who ought to “concern himself” with the “morals, customs...and public opinion” of a people in secret to maintain social order (p. 47). While debate and dissent concerning religious speculation ought to be tolerated, the moral authority outlined by the lawgiver must go unquestioned, as “open dissent from these opinions can be understood as at best a declaration of independence from the community and at worst a declaration of war against it” (Kelly 1997, 1241).
Suppression of the minority opinion in Rousseauian society severely encroaches upon individual autonomy and the incentivization of censorship immediately following the legislative process further suppresses the ability for individual thought to exist outside of what is deemed legitimate by the legislative assembly.
References:
Rousseau, Jean-Jacques, and Lowell. Bair. The Essential Rousseau. New York: New American Library, 1983.
Kelly, Christopher. “Rousseau and the Case for (and Against) Censorship.” The Journal of politics 59, no. 4 (1997): 1232–1251.