Fyodor Svetlov

In short: the guarantees of freedom of speech under libertarianism are the same as under liberalism.

Now, in more detail.

Originally, the concept of “freedom of speech” is a liberal doctrine implying that citizens deny the state the right to prosecute its citizens for their utterances. Usually, freedom of speech is promoted in conjunction with freedom of religion, the press, and so on, because citizens, understanding that the state will inevitably find loopholes in a general prohibition, separately specify spheres where the state is not just forbidden, but completely prohibited from prosecuting citizens. What guarantees freedom of speech according to liberal doctrines? Of course, the separation of powers. The executive branch encroaches on freedom of speech, the legislative branch describes exactly what limitations the executive has, and the judicial branch interprets what the legislative branch has dreamt up; as a result, the branches of power trip over each other, and if they suddenly start marching in step, citizens have the right to rebellion, interpreted as the right to reconstitute the government if the previous one, through a long series of abuses, has completely discredited itself as a bearer of liberal values.

Libertarianism implies that the only permissible function of government is the protection of private property rights (since not everyone believes that private property rights can also be effectively protected in a decentralized manner without any government at all).

Can a libertarian government prosecute its citizens for their utterances? Yes, easily. For example, a certain citizen slanders another citizen, and the latter suffers losses because of it. There is a loss—there is a reason to sue. The court may award compensation to the victim of slander at the expense of the slanderer, and this, certainly, can be interpreted as a violation of freedom of speech. Another example is fraud. No slander here; on the contrary, the product is praised so much that it makes your mouth water, but the real qualities of the product fall far short of the description. Could a court consider this statement a violation of private property rights if the transaction took place and is subsequently contested? It could.

Finally, there are countless examples where freedom of speech is not entirely correctly understood by people as the right to make any statements without punishment on any private platform, provided that the platform is fundamentally intended for making statements. Can the owner of the platform ban someone who prevents them from developing their business? Of course, it is their private property. Will a libertarian government support such an encroachment on freedom of speech? It is obliged to support it. But what if the platform belongs to a member of the government? Here we have a clear legal conflict.

What follows from all these arguments? Yes, a libertarian government has fewer powers than a liberal one. But it does have the power to encroach on freedom of speech. Could it begin to abuse these powers? It could. What is left for citizens as a last resort? The same sacred right to rebellion.

Don’t forget to water the garden bed with oil.