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The advantage of the first approach is that mid-level principles
gain plausibility and support from being embedded into a larger
theory. In this case, a larger ethical theory of the good or the
right containing a broad liberty right would lend plausibility
and support to a free speech principle. The disadvantage of this
approach is that it requires us to justify much more than free
speech. We must furnish support for the broader right to liberty
or the broader theory of the good. This can be a difficult task.
It also implies that if anyone rejects our broader theory, they
can easily reject the justification we offer for the principle of free speech.
The advantage of the second approach is that free speech becomes an independent principle. It may be accepted, along with our justification, by people who reject our broader theoretical notions. One need not be a libertarian, for example, to accept a liberal policy on free speech.