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There have been many criticisms of the standard arguments for a liberal policy on free speech. Frederick Schauer points out that although a liberal policy may facilitate the search for truth, it doesn't follow that we ought always to protect speech. Truth is not the only good. It is not the only thing that people value. And therefore, it is not obvious that other values ought to give way in all (or even most) cases. Further argument is needed in order to give the protection of speech for the sake of truth priority over other goods. Furthermore, it is not obvious that 'truth' in morals is aided greatly by freedom of expression. Slavery existed in the area that became the United States for nearly 250 years in spite of the liberty to criticize it. People have shown a stunning capacity to believe in what suits their interests.

The argument from democracy also faces problems. Schauer raises several of these. First of all, why shouldn't a democratic majority be allowed to restrict speech? Second, the argument seems to assume that voters are highly rational. They seek correct information, carefully evaluate it, and make decisions. But is that an accurate picture of how voters really act? To what extent does the argument from democracy rely on a distorted view of how democracy functions?

Other critics have questioned whether the extensive freedom of speech enjoyed in the United States makes for the best functioning democracy? Some have suggested that it inhibits democracy in important cases. Perhaps the freedom of racists to speak discourages political participation by African Americans and makes the nation less democratic? These problems raise both ethical and empirical questions. Both kind of questions require investigation rather then rhetoric.

Reference: For a discussion of the argument from truth and the argument from democracy, see Frederick Schauer's Free Speech: A Philosophical Inquiry, chapters two and three.