Friday, February 21, 2020
Highways and Protests
In On Liberty, Mill vigorously defends the right of citizens to assemble and express their views. Yet how far does that right extend? A bill in Iowa proposes making protesting on a highway a felony subject to as much as five years in prison. Its proponent cites safety concerns around the obstruction of police and fire vehicles. However, civil liberties claim it and similar laws have a chilling affect of free speech and the right to protest. What would Mill say about all this? Which side of the debate is correct (or is there some third or middle position that is correct)? Is there a right to protest even if it prevents me from getting work on time?
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One of the leading principles of Mill's On Liberty is the inherent right that every person has to freedom of expression and assembly. Therefore naturally Mill would be a proponent of people coming together in protest to express their views, regardless of how radical. However, Mill is also an advocate of the Harm to Others Principle, or the idea that actions of individuals may be prohibited if they pose a danger to others. The dilemma of regulating protests on highways is difficult because it falls somewhere in between these two principles. Provocative gestures on highways in particular have become increasingly popular because disrupting the flow of traffic is one of the easiest ways to call attention to a cause. Highway protests are also especially powerful because the location sends the message that people are willing to put their lives on the line for the cause for which they are advocating. However, protesting on highways also challenges the Harm to Others Principle as even peaceful protesters standing in the flow of traffic can result in disrupting schedules, distracted drivers, and even injuries. In this case it's not the delays and disruptions that call free speech into question - it's merely the fact that these protests have the potential to cause serious injury or death. So although Mill is a defender of peaceful protests and maintaining freedom of expression, the threat to public safety and police and fire access for highway protests seemingly outweighs the liberty of expression in this case. However that's not to say that the preservation of civil liberties is insignificant; while protesting may be illegal on highways, it's important to maintain the right to expression in other locations that do not pose an immediate danger to the people around them.
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