Freedom of speech

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Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (ordre public), or of public health or morals".^[2]

Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to

The Human Rights Measurement Initiative[4] measures the right to opinion and expression for countries around the world, using a survey of in-country human rights experts.^[5]

Historical origins

Freedom of speech and expression has a long history that predates modern international human rights instruments.^[6] It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC.^[7]

Freedom of speech was vindicated by Erasmus and Milton.^[6] Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in the 1590s, and it was affirmed in the Protestation of 1621.^[8] Restating what is written in the English Declaration of Right, 1689, England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect.^[9][10] This so-called parliamentary privilege includes no possible defamation claims meaning Parliamentarians are free to speak up in the House without fear of legal action.^[11] This protection extends to written proceedings: for example, written and oral questions, motions and amendments tabled to bills and motions.^[11]

One of the world's first

The Declaration of the Rights of Man and of the Citizen, adopted during the French Revolution in 1789, specifically affirmed freedom of speech as an inalienable right.^[6] Adopted in 1791, freedom of speech is a feature of the First Amendment to the United States Constitution.^[17] The French Declaration provides for freedom of expression in Article 11, which states that:

The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.^[18]

Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.^[19]

Today, freedom of speech, or the freedom of expression, is recognised in international and regional

International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms. This means that the protection of freedom of speech as a right includes the content and the means of expression.^[20]

Relationship to other rights

The right to freedom of speech and expression is closely related to other rights. It may be limited when conflicting with other rights (see limitations on freedom of speech).^[20] The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information, or determine the opportunity and means in which freedom of expression is manifested within court proceedings.^[21] As a general principle freedom of expression may not limit the right to privacy, as well as the honor and reputation of others. However, greater latitude is given when criticism of public figures is involved.^[21]

The right to freedom of expression is particularly important for

Freedom of speech is understood to be fundamental in a democracy. The norms on limiting freedom of expression mean that public debate may not be completely suppressed even in times of emergency.^[21] One of the most notable proponents of the link between freedom of speech and democracy is Alexander Meiklejohn. He has argued that the concept of democracy is that of self-government by the people. For such a system to work, an informed electorate is necessary. In order to be appropriately knowledgeable, there must be no constraints on the free flow of information and ideas. According to Meiklejohn, democracy will not be true to its essential ideal if those in power can manipulate the electorate by withholding information and stifling criticism. Meiklejohn acknowledges that the desire to manipulate opinion can stem from the motive of seeking to benefit society. However, he argues, choosing manipulation negates, in its means, the democratic ideal.^[25]

Eric Barendt has called this defence of free speech on the grounds of democracy "probably the most attractive and certainly the most fashionable free speech theory in modern Western democracies".^[26] Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change. Freedom of speech acts as a "safety valve" to let off steam when people might otherwise be bent on revolution. He argues that "The principle of open discussion is a method of achieving a more adaptable and at the same time more stable community, of maintaining the precarious balance between healthy cleavage and necessary consensus". Emerson furthermore maintains that "Opposition serves a vital social function in offsetting or ameliorating (the) normal process of bureaucratic decay".^[27]

Research undertaken by the

Richard Moon has developed the argument that the value of freedom of speech and freedom of expression lies with social interactions. Moon writes that "by communicating an individual forms relationships and associations with others – family, friends, co-workers, church congregation, and countrymen. By entering into discussion with others an individual participates in the development of knowledge and in the direction of the community".[30]

Limitations

Freedom of speech is not regarded as absolute by some, with most legal systems generally setting limits on the freedom of speech, particularly when freedom of speech conflicts with other rights and protections, such as in the cases of libel, slander, pornography, obscenity, fighting words, and intellectual property.

In fact, during the transition period between freedom of speech and media ethics, the yellow media prevailed in the United States, and the media in the past focused on how stimulating and interesting people rather than facts. As a result, there were articles in the media that were at odds with other rights, such as defamation, slander, and pornography, and minimum censorship and media ethics were needed to prevent them.^[32][33]

Some

Some views are illegal to express because they are perceived by some to be harmful to others. This category often includes speech that is both false and potentially dangerous, such as falsely shouting "Fire!" in a theatre and causing a panic. Justifications for limitations to freedom of speech often reference the "harm principle" or the "offence principle".

In On Liberty (1859), John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered".^[34] Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment.^{[35][36][37][38]}

In 1985, Joel Feinberg introduced what is known as the "offence principle". Feinberg wrote, "It is always a good reason in support of a proposed criminal prohibition that it would probably be an effective way of preventing serious offence (as opposed to injury or harm) to persons other than the actor, and that it is probably a necessary means to that end".^[39] Hence Feinberg argues that the harm principle sets the bar too high and that some forms of expression can be legitimately prohibited by law because they are very offensive. Nevertheless, as offending someone is less serious than harming someone, the penalties imposed should be higher for causing harm.^[39] In contrast, Mill does not support legal penalties unless they are based on the harm principle.^[34] Because the degree to which people may take offence varies, or may be the result of unjustified prejudice, Feinberg suggests that several factors need to be taken into account when applying the offence principle, including: the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offence, and the general interest of the community at large.^[34]

Jasper Doomen argued that harm should be defined from the point of view of the individual citizen, not limiting harm to physical harm since nonphysical harm may also be involved; Feinberg's distinction between harm and offence is criticized as largely trivial.^[40]

In 1999, Bernard Harcourt wrote of the collapse of the harm principle: "Today the debate is characterized by a cacophony of competing harm arguments without any way to resolve them. There is no longer an argument within the structure of the debate to resolve the competing claims of harm. The original harm principle was never equipped to determine the relative importance of harms".^[41]

Interpretations of both the harm and offense limitations to freedom of speech are culturally and politically relative. For instance, in Russia, the harm and offense principles have been used to justify the

In some countries, blasphemy is a crime. For example, in Austria, defaming Muhammad, the prophet of Islam, is not protected as free speech.^[43][44][45] In contrast, in France, blasphemy and disparagement of Muhammad are protected under free speech law.

Certain public institutions may also enact policies restricting the freedom of speech, for example, speech codes at state-operated schools.

In the U.S., the standing landmark opinion on political speech is

for more detailed information on this decision and its historical background.

Time, place and manner

Main article:

Time, place and manner

Limitations based on time, place, and manner apply to all speech, regardless of the view expressed.

public forum), or in a different manner (e.g., a silent protest

). Funeral Protests are a complex issue in the United States. It is a right to Americans to be able to hold a peaceful protest against various policies they deem unreasonable. It is a question of whether or not it is appropriate through the time, place and manner outlook to protest funeral proceedings. Because of recent flare ups of this occurring, legislation has been put to action to limit this. Now, funeral protests are governed and prohibited by law on a state-to-state basis inside the United States.

The Internet and information society

Jo Glanville, editor of the

Stewart R. Dalzell, one of the three federal judges who in June 1996 declared parts of the CDA unconstitutional, in his opinion stated the following:^[56]

The Internet is a far more speech-enhancing medium than

print, the village green, or the mails. Because it would necessarily affect the Internet itself, the CDA would necessarily reduce the speech available for adults on the medium. This is a constitutionally intolerable result. Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on the Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar – in a word, "indecent" in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice. We should also protect the autonomy that such a medium confers to ordinary people as well as media magnates.[...] My analysis does not deprive the Government of all means of protecting children from the dangers of Internet communication. The Government can continue to protect children from pornography on the Internet through vigorous enforcement of existing laws criminalising obscenity and child pornography. [...] As we learned at the hearing, there is also a compelling need for public educations about the benefits and dangers of this new medium, and the Government can fill that role as well. In my view, our action today should only mean that Government's permissible supervision of Internet contents stops at the traditional line of unprotected speech. [...] The absence of governmental regulation of Internet content has unquestionably produced a kind of chaos, but as one of the plaintiff's experts put it with such resonance at the hearing: "What achieved success was the very chaos that the Internet is. The strength of the Internet is chaos." Just as the strength of the Internet is chaos, so that strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects.^[56]

The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 makes specific reference to the importance of the right to freedom of expression for the "Information Society" in stating:

We reaffirm, as an essential foundation of the Information society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers.^[57]

According to Bernt Hugenholtz and Lucie Guibault, the

contract law, as well as broadcasting and telecommunications law.^[58]

Freedom of information

Main article: Freedom of information

Freedom of information is an extension of freedom of speech where the medium of expression is the

human right and freedom of information acts as an extension to this right.^[59] Freedom of information may also concern censorship in an information technology context, i.e., the ability to access Web content, without censorship or restrictions.^[60]

Freedom of information is also explicitly protected by acts such as the Freedom of Information and Protection of Privacy Act of Ontario, in Canada. The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act.[61]

Internet censorship

Main articles:

Burma, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam.^[64]

A widely publicized example of internet censorship is the "

Internet censorship in the People's Republic of China is conducted under a wide variety of laws and administrative regulations, including more than sixty regulations directed at the Internet. Censorship systems are vigorously implemented by provincial branches of state-owned ISPs, business companies, and organizations.^[66][67]

Saudi Arabia's government had been intensifying the scrutiny of social media accounts, under which they were detaining several activists, critics and even normal social media users over few critical tweets. A law professor, Awad Al-Qarni became a victim of Saudi's internet censorship and was facing death sentence. Saudi-controlled media portrayed him as a dangerous preacher due to his Twitter and WhatsApp posts, but dissidents considered him as an important intellectual who maintained strong social media influence.^[68]

Relationship with disinformation

Further information: Disinformation

Some legal scholars (such as Tim Wu of Columbia University) have argued that the traditional issues of free speech—that "the main threat to free speech" is the censorship of "suppressive states", and that "ill-informed or malevolent speech" can and should be overcome by "more and better speech" rather than censorship—assumes scarcity of information. This scarcity prevailed during the 20th century, but with the arrival of the internet, information became plentiful, "but the attention of listeners" scarce. Furthermore, in the words of Wu, this "cheap speech" made possible by the internet " ... may be used to attack, harass, and silence as much as it is used to illuminate or debate".^[69][70] The Electronic Frontier Foundation (EFF) has argued that "censorship cannot be the only answer to disinformation online" and that tech companies "have a history of overcorrecting and censoring accurate, useful speech—or, even worse, reinforcing misinformation with their policies."^[71]

According to Wu, in the 21st century, the danger is not "suppressive states" that target "speakers directly", but that:

...targets listeners or it undermines speakers indirectly. More precisely, emerging techniques of speech control depend on (1) a range of new punishments, like unleashing "troll armies" to abuse the press and other critics, and (2) "flooding" tactics (sometimes called "reverse censorship") that distort or drown out disfavored speech through the creation and dissemination of fake news, the payment of fake commentators, and the deployment of propaganda robots.^[72] As journalist Peter Pomerantsev writes, these techniques employ "information ... in weaponized terms, as a tool to confuse, blackmail, demoralize, subvert and paralyze."^[73][69]

History of dissent and truth

Further information: Dissent

The examples and perspective in this article deal primarily with Western culture and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (February 2022) (Learn how and when to remove this template message)

Before the invention of the

copyright law in most European countries lie in efforts by the Roman Catholic Church and governments to regulate and control the output of printers.^[75]

Erasmus of Rotterdam.^[76]

In 1501,

censored books written by René Descartes, Giordano Bruno, Galileo Galilei, David Hume, John Locke, Daniel Defoe, Jean-Jacques Rousseau and Voltaire.^[77] While governments and church encouraged printing in many ways because it allowed for the dissemination of Bibles and government information, works of dissent and criticism could also circulate rapidly. Consequently, governments established controls over printers across Europe, requiring them to have official licenses to trade and produce books.^[75]

The notion that the expression of dissent or subversive views should be tolerated, not censured or punished by law, developed alongside the rise of

publishers.^[78] Church authorities had previously ensured that Milton's essay on the right to divorce was refused a license for publication. In Areopagitica, published without a license,^[79] Milton made an impassioned plea for freedom of expression and toleration of falsehood,^[78]

stating:

Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.[78]

Index Librorum Expurgatorum of 1707, which listed the specific passages of books already in circulation that required censorship.^[80][81]

Milton's defense of freedom of expression was grounded in a

Tatler (1709) and the Spectator

(1711) are credited for creating a 'bourgeois public sphere' in England that allowed for a free exchange of ideas and information.

More governments attempted to centralize control as the "menace" of printing spread.

printing presses. As the British crown took control of type founding in 1637, printers fled to the Netherlands. Confrontation with authority made printers radical and rebellious, with 800 authors, printers, and book dealers being incarcerated in the Bastille in Paris before it was stormed in 1789.^[84]

A succession of English thinkers was at the forefront of early discussion on a right to freedom of expression, among them

liberty, property and the pursuit of happiness. However, Locke's ideas evolved primarily around the concept of the right to seek salvation for one's soul. He was thus primarily concerned with theological matters. Locke neither supported a universal toleration of peoples nor freedom of speech; according to his ideas, some groups, such as atheists, should not be allowed.^[85]

By the second half of the 17th century philosophers on the European continent like

Denmark-Norway during the regency of Johann Friedrich Struensee.^[88] However Struensee himself imposed some minor limitations to this edict on 7 October 1771, and it was even further limited after the fall of Struensee with legislation introduced in 1773, although censorship was not reintroduced.^[89]

John Stuart Mill (1806–1873) argued that without human freedom, there could be no progress in science, law, or politics, which according to Mill, required free discussion of opinion. Mill's On Liberty, published in 1859, became a classic defence of the right to freedom of expression.^[78] Mill argued that truth drives out falsity, therefore the free expression of ideas, true or false, should not be feared. Truth is not stable or fixed but evolves with time. Mill argued that much of what we once considered true has turned out false. Therefore, views should not be prohibited for their apparent falsity. Mill also argued that free discussion is necessary to prevent the "deep slumber of a decided opinion". Discussion would drive the march of truth, and by considering false views, the basis of true views could be re-affirmed.^[90] Furthermore, Mill argued that an opinion only carries intrinsic value to the owner of that opinion, thus silencing the expression of that opinion is an injustice to a basic human right. It is generally held that for Mill, the only instance in which speech can be justifiably suppressed is to prevent harm from a clear and direct threat.^[91] Neither economic or moral implications nor the speaker's own well-being would justify suppression of speech.^[92] However Mill in On Liberty suggests the speech of pimps — instigating clients and sex workers to have sex — should be restricted. This suggests he may be willing to restrict some speech that, while not harming others, undermines their decisional autonomy.^[93]

In her 1906 biography of Voltaire, Evelyn Beatrice Hall coined the following sentence to illustrate Voltaire's beliefs: "I disapprove of what you say, but I will defend to the death your right to say it".^[94] Hall's quote is frequently cited to describe the principle of freedom of speech.^[94] Noam Chomsky stated, "If you believe in freedom of speech, you believe in freedom of speech for views you don't like. Dictators such as Stalin and Hitler, were in favor of freedom of speech for views they liked only. If you're in favor of freedom of speech, that means you're in favor of freedom of speech precisely for views you despise".^[95] Lee Bollinger argues that "the free speech principle involves a special act of carving out one area of social interaction for extraordinary self-restraint, the purpose of which is to develop and demonstrate a social capacity to control feelings evoked by a host of social encounters". Bollinger argues that tolerance is a desirable value, if not essential. However, critics argue that society should be concerned by those who directly deny or advocate, for example, genocide (see limitations above).^[96]

As chairman of the London-based PEN International, a club which defends freedom of expression and a free press, English author H. G. Wells met with Stalin in 1934 and was hopeful of reform in the Soviet Union. However, during their meeting in Moscow, Wells said, "the free expression of opinion—even of opposition opinion, I do not know if you are prepared yet for that much freedom here".^[97]

The 1928 novel Lady Chatterley's Lover by D. H. Lawrence was banned for obscenity in several countries, including the United Kingdom, the United States, Australia, Canada, and India. In the late 1950s and early 1960s, it was the subject of landmark court rulings that saw the ban for obscenity overturned. Dominic Sandbrook of The Telegraph in the UK wrote, "Now that public obscenity has become commonplace, it is hard to recapture the atmosphere of a society that saw fit to ban books such as Lady Chatterley's Lover because it was likely to 'deprave and corrupt' its readers".^[98] Fred Kaplan of The New York Times stated the overturning of the obscenity laws "set off an explosion of free speech" in the U.S.^[99] The 1960s also saw the Free Speech Movement, a massive long-lasting student protest on the campus of the University of California, Berkeley, during the 1964–65 academic year.^[100]

In contrast to Anglophone nations, France was a haven for literary freedom.^[101] The innate French regard for the mind meant that France was disinclined to punish literary figures for their writing, and prosecutions were rare.^[101] While it was prohibited everywhere else, James Joyce's Ulysses was published in Paris in 1922. Henry Miller's 1934 novel Tropic of Cancer (banned in the U.S. until 1963) and Lawrence's Lady Chatterley's Lover were published in France decades before they were available in the respective authors' home countries.^[101]

In 1964 comedian Lenny Bruce was arrested in the U.S. due to complaints again about his use of various obscenities. A three-judge panel presided over his widely publicized six-month trial. He was found guilty of obscenity in November 1964. He was sentenced on 21 December 1964, to four months in a workhouse.^[102] He was set free on bail during the appeals process and died before the appeal was decided. On 23 December 2003, thirty-seven years after Bruce's death, New York Governor George Pataki granted him a posthumous pardon for his obscenity conviction.^[103]

In the United States, the right to freedom of expression has been interpreted to include the right to take and publish photographs of strangers in public areas without their permission or knowledge.^[104][105] This is not the case worldwide.

Offences

Further information: Lèse-majesté

In some countries, people are not allowed to talk about certain things such as Lèse-majesté which is an offence against the dignity of a reigning sovereign or against a state. Doing so constitutes an offence. For example, Saudi Arabia is responsible for executing journalist Jamal Khashoggi in 2018. As he entered the Saudi embassy in Turkey, a team of Saudi assassins killed him.^[106] Another Saudi writer, Raif Badawi, was arrested in 2012 and lashed.^[107]

On 4 March 2022, Russian President

censorship in Article 29 of Chapter 2, Rights and Liberties of Man and Citizen.^[110][111]

See also

• Academic freedom
• Artistic freedom
• Cancel culture
• Civic engagement
• Civil and political rights
• Digital rights
• Election silence
• Everybody Draw Mohammed Day
• Forced or compelled speech
• Free speech fights
• Freedom of thought
• Glasnost
• Global Network Initiative
• Hate speech
• Heckler's veto
• IFEX (organization)
• Illegal number
• Investigative journalism
• Je suis Charlie
• Jyllands-Posten Muhammad cartoons controversy
• Jamal Khashoggi
• Legality of Holocaust denial
• Post–World War II legality of Nazi flags
  • Strafgesetzbuch section 86a
  • Verbotsgesetz 1947
• Bans on communist symbols
• Lolicon/Shotacon
  • Legal status of drawn pornography depicting minors
  • Simulated child pornography
• Market for loyalties theory
• Media transparency
• No Platform
• Open court principle
• Paradox of tolerance
• Parrhesia
• Photography Is Not a Crime
• Pirate Party
• Political correctness
• Rights
• Safety of journalists
• Social capital
• Stanley v. Georgia
• Symbolic speech
• Victimless crime

References

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Further reading

• Curtis, Michael Kent (2000).
  ISBN 0822325292
  .
• Doomen, Jasper (2014). Freedom and Equality in a Liberal Democratic State. Bruylant.
  ISBN 9782802746232
  .
• ISBN 0262571684
  .
• ISBN 0814731031
  .
• OCLC 750831024
  .
• OCLC 494134545
  .
• ISBN 978-0816650316
  .
• Nelson, Samuel P. (2005).
  ISBN 0801881730
  .
• Semeraro, Pietro (2009). L'esercizio di un diritto. Giuffre Milano.
• Shaw, Caroline. "Freedom of expression and the palladium of British liberties, 1650–2000: A review essay". History Compass (Oct 2020). Online.
• Minorities, Free Speech and the Internet. United Kingdom, Taylor & Francis, 2023.
• Jean Bricmont (2014), La république des censeurs, L'Herne, 176p.

External links

• "Freedom of Speech" entry by Jeffrey Howard in the Stanford Encyclopedia of Philosophy
• Article19.org – global campaign for free expression
• Free Speech Debate – a research project of the Dahrendorf Programme for the Study of Freedom at St Antony's College in the University of Oxford
• Index on Censorship – an international organisation that promotes and defends the right to freedom of expression
• Media Freedom Navigator: Media Freedom Indices at a Glance, Deutsche Welle Akademie
• Special Rapporteur for Freedom of Expression, Organization of American States