On the Democratic Value of the Equal Right to Free Speech

This paper argues that an equal distribution of the right to free speech is democratically valuable because it contributes to the perceived legitimacy of democratic institutions. I first argue that an equal right to free speech inherently encompasses citizens’ ability to engage in discussions about how ideas should be expressed. I then argue that frequent and systemic interactions on how ideas should be expressed can give citizens a practical grasp of what it means to make decisions between equally entitled parties. The regularity of such interactions helps establish a shared set of presuppositions that democratic institutions can draw upon when communicating with a diverse citizenry. Taken together, the analysis supports the view that an equal right to free speech contributes to the formation of a communicative environment conducive to the bottom-up legitimation of democratic institutions and their public directives.