Privacy as an Atmosphere of Freedom

One of the great challenges of liberal society is determining the balance between the interests of society and individual freedom. Courts often have a difficult choice between conflicting interests like privacy and freedom of speech. When this happens, it is important that courts do not overlook one of these vital interests in favor of another that may be equally important but less understood. The philosopher John Stuart Mill is a well-known advocate of complete freedom of speech, so much so that he has been quoted to this effect by the Supreme Court, which has valued free speech over privacy. However, Mill would not necessarily sacrifice privacy for freedom of speech. Privacy is of great importance both explicitly and implicitly in Mill’s philosophy because it protects a sphere in which individuals can act freely, determine, and implement their lifestyle. Mill would take great care not to damage either of these interests.