Freedom of speech public/ private spheres


I think the law concerning free speech, should include public and private spheres. But I don’t know yet what influence these things should have on the content that is allowed in them or the duties to the parties involved.

A public sphere is something where  everyone is welcome. Here the charging of an entrance fee or a subscription fee is enough to render something a private sphere,  any limitation on the people present will render the event/ video/ etc. something in the not public sphere (no matter how small the limitation is).

A private sphere is perhaps everything that’s not a public sphere, but perhaps also a commercial sphere needs to be introduced, since those are not (always) contained in the public sphere definition and because the definition of public sphere is perhaps overly strict.

In the public sphere you might be allowed to say more, because everyone can speak against you in it too { this is a not jet mentioned requirement for the public sphere}.

Or it might go the opposite route, because children could be watching you’re not allowed to say everything.

The same is true for the private sphere.

It could be, you’re allowed to say more because not everyone else can watch you, so you don’t always have to be, on the out watch because children might see this.

or

It might be you’re allowed to say less, because not everyone has access, hence there will be no or less counter speech, so it is easier to indoctrinate someone into a certain idea/ convince them to commit atrocities than it would be in a public sphere thing.

The same two arguments probably apply if I eventually split the current private sphere in a commercial and a private sphere. Because I don’t see much of a difference in terms of these arguments, I’m not sure if it’s needed to split the current private sphere into a private and commercial sphere, this because I don’t know if there’s differences that could lead one to need a different legal regime for the two {at first I thought this paragraph was very badly written but now that I reread it seems ok}.

Oh yes there is. Commercial events can have a lot more rules attached to them than real private events, so it would be easier to require commercial events to e.g. serve everyone if they can pay, or restrict content to certain ages, or have them clearly label the event so no people who don’t want to see/hear the speech at the event, you can also require rebuttal time under certain conditions. This might be open to the public or there might be a duty of care to represent both sides, I’m not sure jet what legal implications you’d want to have for being a certain type of commercial sphere, same with the other spheres. But I think having theses spheres, as legally distinct situations to structure, the debate concerning free speech, around seems useful to me.

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