Passage
Lee Bollinger, rejecting traditional models of the defense of free speech as inadequate, defends it with a model designed to take into account changes in the function of speech attributable to the emergence of a society marked by stability and widespread consensus on essential values. This new, ―self-restraint model‖ justifies free speech from a different perspective. Although staunchly supporting free speech, the self-restraint model inverts the relationship between speech and tolerance. Under traditional models, the value of tolerance is subordinated to the value of speech. The self-restraint model, however, often subordinates the value of speech to that of tolerance. Traditional justifications of the free speech principle originated in the belief that speech is entitled to greater tolerance than other kinds of activity.
A review of the traditional justifications reveals two distinct models of explanation. Although both these models link the need to protect speech to its inherent value, they agree on little else. According to the classical model, freedom of speech serves an indispensable function in democratic self-government. Meiklejohn uses the traditional New England town meeting as a paradigm for a self-governing society.
From this perspective, the free speech principle need only protect political speech—the facts, theories, and opinions relating to any issue on which the citizens must vote. Meiklejohn insists that even extremist views cannot be withheld from voting citizens, if these views bear on any public issue. Protection of free speech, including extremist political speech, serves the collective interests of a self-governing society, made up of all rational, equal, and fully participating citizens. Predicated on the belief that speech itself is valuable, this theory ascribes positive value to a very broad range of speech, including any that may be offensive to many people.
In contrast to the serene and optimistic, the fortress model is built on a foundation of pessimism, individualism, relativism, and self-doubt. According to Holmes, speech represents not so much a free marketplace of ideas as a kind of ―counsel of despair.‖ Freedom of speech is necessary to the discovery of truth; but, although any belief held by an individual is ultimately likely to prove false, individuals tend to feel certain about their beliefs and consequently justified in requiring others to conform. From Holmes‘ perspective, the government and any majority of the people pose a great danger of intolerance. In order to protect speech from the natural tendency to censor nonconforming views, the fortress model prescribes overprotection of speech. This strategy establishes a broad "buffer zone" that encompasses extremist speech because its protection substantially diminishes the probability that inherently valuable speech will be suppressed. Even if speech is so extreme that it cannot seriously be considered to contribute to the discovery of truth—like the most extreme views propounded by the Nazis—it still ought not to be censored, for once unleashed censorship cannot be reasonably expected to remain confined to worthless views.
Question for 100 RCs for Practice Questions- 94
Try yourself:1. It can be inferred from the passage that speech is viewed as a fundamental value in the:
I. classical model.
II. fortress model.
III. self-restraint model.
Explanation
Another Roman Numeral question with the same set-up. The question is trickily worded; take time to decipher it. What model would criticize laws prohibiting intolerant speech? In other words, what model would tolerate intolerant speech? While the classical model only requires tolerance for political speech and the self-restraint model actually subordinates free speech to tolerance, the fortress model protects all speech, and (b) is therefore the correct answer.
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Question for 100 RCs for Practice Questions- 94
Try yourself:The author indicates that Meiklejohn‘s and Holmes‘ understanding of free speech is similar in that both:
Explanation
What do the two traditional models have in common? Predict: They both value free speech above tolerance, and therefore tolerate extremist speech. (B) rewards the careful prediction.
(A): Faulty Use of Detail. This is mentioned as a hallmark of the fortress model, but not mentioned when discussing the classical model.
(B): The correct answer
(C): Faulty Use of Detail. (C) is another of Holmes‘ views: censoring speech eventually leads to the censorship of both useful and worthless views.
(D): Faulty Use of Detail. This is a tenet of the classical model, but not the fortress model.
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Question for 100 RCs for Practice Questions- 94
Try yourself:Turning an eye to the greater structure of the passage, which of the following best describes the function of the last three paragraphs of the passage?
Explanation
Review your map to predict a quick answer to the question: The two traditional models are introduced and explained. (B) fits perfectly.
(A): Out of Scope. Though two theories are described, there‘s no historical backdrop for them in the passage.
(B): The correct answer
(C): Out of Scope. Though there are contrasts between the two models, the author is principally concerned with discussing the contrasts rather than discussing the points of similarity.
(D): Distortion. While two theories are discussed, the conclusions of both models are essentially the same: free speech should be protected. While they differ on the details of the conclusion, the author focuses far more on the different arguments that lead to that similar conclusion.
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