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Freedom of speech is a principle that supports the
freedom
Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ...
of an individual or a community to articulate their opinions and ideas without fear of retaliation,
censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
, or legal sanction. The
right
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
to freedom of expression has been recognised as a
human right
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...
in the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
and
international human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, a ...
by the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
. Many countries have
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
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
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
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 "
r respect of the rights or reputation of others" or "
r the protection of
national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
or of public order (order public), or of public health or
morals
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of cond ...
".
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to
libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
,
slander
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
,
obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
,
pornography
Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults, ,
sedition
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...
,
incitement
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but ...
,
fighting words
Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction. The term ''fighting words'' is also used in a general sens ...
,
hate speech,
classified information
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know, ...
,
copyright violation
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
,
trade secrets
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily a ...
,
food labeling
The packaging and labeling of food is subject to regulation in most regions/jurisdictions, both to prevent false advertising and to promote food safety.
Regulations by type
Multi-faceted
* Codex Alimentarius (international voluntary standard) ...
,
non-disclosure agreements
A non-disclosure agreement (NDA) is a legal contract or part of a contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish ...
, the
right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
,
dignity
Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
, the
right to be forgotten
The right to be forgotten (RTBF) is the right to have private information about a person be removed from Internet searches and other directories under some circumstances. The concept has been discussed and put into practice in several jurisdiction ...
,
public security
Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensur ...
, and
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
. Justifications for such include the
harm principle
The harm principle holds that the actions of individuals should only be limited to prevent harm to other individuals. John Stuart Mill articulated this principle in ''On Liberty'', where he argued that "The only purpose for which power can be r ...
, proposed by
John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ...
in ''
On Liberty
''On Liberty'' is a philosophical essay by the English philosopher John Stuart Mill. Published in 1859, it applies Mill's ethical system of utilitarianism to society and state. Mill suggests standards for the relationship between authority a ...
'', which suggests that "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others".
The idea of the "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided.
With the evolution of the
digital age
The Information Age (also known as the Computer Age, Digital Age, Silicon Age, or New Media Age) is a historical period that began in the mid-20th century. It is characterized by a rapid shift from traditional industries, as established during t ...
, application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example, the
Golden Shield Project
The Golden Shield Project (), also named National Public Security Work Informational Project, is the Chinese nationwide network-security fundamental constructional project by the e-government of the People's Republic of China. This project i ...
, an initiative by Chinese government's
Ministry of Public Security that filters potentially unfavourable data from foreign countries.
The Human Rights Measurement Initiative measures the right to opinion and expression for countries around the world, using a survey of in-country human rights experts.
Historical origins
Freedom of speech and expression has a long history that predates modern
international human rights instruments
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be clas ...
.
It is thought that the ancient
Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC.
Freedom of speech was vindicated by
Erasmus
Desiderius Erasmus Roterodamus (; ; English: Erasmus of Rotterdam or Erasmus;''Erasmus'' was his baptismal name, given after St. Erasmus of Formiae. ''Desiderius'' was an adopted additional name, which he used from 1496. The ''Roterodamus'' wa ...
and
Milton.
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-Sa ...
claimed freedom of speech as "an ancient custom of Parliament" in the 1590s, and it was affirmed in the
Protestation of 1621
The Protestation of 1621 was a declaration by the House of Commons of England reaffirming their right to freedom of speech in the face of King James I's belief that they had no right to debate foreign policy.
Many Members of Parliament were unha ...
. England's
Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
legally established the constitutional right of freedom of speech in Parliament which is still in effect, so-called
parliamentary privilege.
One of the world's first
freedom of the press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be conside ...
acts was introduced in Sweden in 1766 (
Swedish Freedom of the Press Act
The Freedom of the Press Act (Swedish: ''Tryckfrihetsförordningen'') is one of four ''Fundamental Laws of the Realm'' (Swedish: ''rikets grundlagar'') and thus forms part of the Swedish Constitution. The Act regulates matters regarding freedom ...
), mainly due to the
classical liberal
Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, econom ...
member of parliament and
Ostrobothnian priest
Anders Chydenius
Anders Chydenius (; 26 February 1729 – 1 February 1803) was a Swedish-Finnish Lutheran priest and a member of the Swedish Riksdag, and is known as the leading classical liberal of Nordic history.
Born in Sotkamo, Finland (then part of Swed ...
. In a report published in 1776, he wrote:
No evidence should be needed that a certain freedom of writing and printing is one of the strongest bulwarks of a free organization of the state, as, without it, the estates would not have sufficient information for the drafting of good laws, and those dispensing justice would not be monitored, nor would the subjects know the requirements of the law, the limits of the rights of government, and their responsibilities. Education and ethical conduct would be crushed; coarseness in thought, speech, and manners would prevail, and dimness would darken the entire sky of our freedom in a few years.
Under the leadership of the Anders Chydenius, the
Caps
Caps are flat headgear.
Caps or CAPS may also refer to:
Science and technology Computing
* CESG Assisted Products Service, provided by the U.K. Government Communications Headquarters
* Composite Application Platform Suite, by Java Caps, a Ja ...
at the
Swedish Riksdag
The Riksdag (, ; also sv, riksdagen or ''Sveriges riksdag'' ) is the legislature and the supreme decision-making body of Sweden. Since 1971, the Riksdag has been a unicameral legislature with 349 members (), elected proportionally and se ...
in
Gävle on December 2, 1766, passed the adoption of a freedom of the press regulation that stopped censorship and introduced the principle of public access to official records in the Swedish authority. Excluded were defamation of the king's majesty and the
Swedish Church.
The
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
, adopted during the
French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
in 1789, specifically affirmed freedom of speech as an inalienable right.
Adopted in 1791, freedom of speech is a feature of the
First Amendment to the United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
. The French Declaration provides for freedom of expression in Article 11, which states that:
Article 19 of the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
, adopted in 1948, states that:
Today, freedom of speech, or the freedom of expression, is recognised in international and regional
human rights law. The right is enshrined in Article 19 of the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
, Article 10 of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, Article 13 of the
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
and Article 9 of the
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.
It emerged under ...
.
[Andrew Puddephatt, Freedom of Expression, The essentials of Human Rights, Hodder Arnold, 2005, p. 128] Based on
John Milton
John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
's arguments, freedom of speech is understood as a multi-faceted right that includes not only the right to express, or disseminate, information and ideas but three further distinct aspects:
# the right to seek information and ideas;
# the right to receive information and ideas;
# the right to impart information and ideas
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
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
or art forms. This means that the protection of freedom of speech as a right includes the content and the means of expression.
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).
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.
As a general principle freedom of expression may not limit the
right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
, as well as the honor and reputation of others. However, greater latitude is given when criticism of public figures is involved.
[
The right to freedom of expression is particularly important for ]media
Media may refer to:
Communication
* Media (communication), tools used to deliver information or data
** Advertising media, various media, content, buying and placement for advertising
** Broadcast media, communications delivered over mass e ...
, which plays a special role as the bearer of the general right to freedom of expression for all. However, freedom of the press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be conside ...
does not necessarily enable freedom of speech. Judith Lichtenberg has outlined conditions in which freedom of the press may constrain freedom of speech. For example, if all the people who control the various mediums of publication suppress information or stifle the diversity of voices inherent in freedom of speech. This limitation was famously summarised as "Freedom of the press is guaranteed only to those who own one". Lichtenberg argues that freedom of the press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be conside ...
is simply a form of property right
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically ...
summed up by the principle "no money, no voice".
As a negative right
Freedom of speech is usually seen as a negative right
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be ap ...
. This means that the government is legally obliged to take no action against the speaker based on the speaker's views, but that no one is obliged to help any speakers publish their views, and no one is required to listen to, agree with, or acknowledge the speaker or the speaker's views.
Democracy in relation to social interaction
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. One of the most notable proponents of the link between freedom of speech and democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
is Alexander Meiklejohn
Alexander Meiklejohn (; 3 February 1872 – 17 December 1964) was a philosopher, university administrator, educational reformer, and free-speech advocate, best known as president of Amherst College.
Background
Alexander Meiklejohn was born ...
. 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.
Eric Barendt
Eric M. Barendt is the Goodman Professor of Media Law at University College London. After graduating with a BCL and an MA degree at Oxford, Barendt was called to the Bar at Gray's Inn. He began lecturing in law as a fellow at St Catherine's Colleg ...
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". Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change
Change or Changing may refer to:
Alteration
* Impermanence, a difference in a state of affairs at different points in time
* Menopause, also referred to as "the change", the permanent cessation of the menstrual period
* Metamorphosis, or change, ...
. Freedom of speech acts as a "safety valve" to let off steam when people might otherwise be bent on revolution
In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due ...
. 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".
Research undertaken by the Worldwide Governance Indicators
Based on a long-standing research program of the World Bank, the Worldwide Governance Indicators capture six key dimensions of governance (Voice & Accountability, Political Stability and Lack of Violence, Government Effectiveness, Regulatory Qual ...
project at the World Bank
The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Interna ...
, indicates that freedom of speech, and the process of accountability that follows it, have a significant impact on the quality of governance
Governance is the process of interactions through the laws, social norm, norms, power (social and political), power or language of an organized society over a social system (family, tribe, formal organization, formal or informal organization, a ...
of a country. "Voice and Accountability" within a country, defined as "the extent to which a country's citizens are able to participate in selecting their government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, as well as freedom of expression, freedom of association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
, and free media" is one of the six dimensions of governance that the Worldwide Governance Indicators measure for more than 200 countries. Against this backdrop it is important that development agencies create grounds for effective support for a free press in developing countries.
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".
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
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, slander
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, pornography
Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults, , obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
, fighting words
Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction. The term ''fighting words'' is also used in a general sens ...
, and intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
.
Some limitations to freedom of speech may occur through legal sanction, and others may occur through social disapprobation.
Harmful and offensive content
Some views are illegal to express because they can cause harm to others. This category often includes speech that is both false and 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
The harm principle holds that the actions of individuals should only be limited to prevent harm to other individuals. John Stuart Mill articulated this principle in ''On Liberty'', where he argued that "The only purpose for which power can be r ...
" or the "offence principle".
In ''On Liberty
''On Liberty'' is a philosophical essay by the English philosopher John Stuart Mill. Published in 1859, it applies Mill's ethical system of utilitarianism to society and state. Mill suggests standards for the relationship between authority a ...
'' (1859), John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ...
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". Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment.
In 1985, Joel Feinberg
Joel Feinberg (October 19, 1926 in Detroit, Michigan – March 29, 2004 in Tucson, Arizona) was an American political and legal philosopher. He is known for his work in the fields of ethics, action theory, philosophy of law, and political phil ...
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". 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. In contrast, Mill does not support legal penalties unless they are based on the harm principle. 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.
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.
In 1999, Bernard Harcourt
Bernard E. Harcourt (born 1963) is an American critical theorist with a specialization in the area of punishment, surveillance, legal and political theory, and political economy. He also does pro-bono legal work on human rights issues.
He is a pr ...
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".
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 Russian LGBT propaganda law
The Russian federal law "for the Purpose of Protecting Children from Information Advocating a Denial of Traditional Family Values", also referred to in English-language media as Russia's gay propaganda law or anti-gay law, is a bill that was una ...
restricting speech (and action) concerning LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term is a ...
issues. Many European countries that take pride in freedom of speech nevertheless outlaw speech that might be interpreted as Holocaust denial
Holocaust denial is an antisemitic conspiracy theory that falsely asserts that the Nazi genocide of Jews, known as the Holocaust, is a myth, fabrication, or exaggeration. Holocaust deniers make one or more of the following false statements:
...
. These include Austria, Belgium, Canada, the Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Russia, Slovakia, Switzerland and Romania. Armenian genocide denial
Armenian genocide denial is the claim that the Ottoman Empire and its ruling party, the Committee of Union and Progress (CUP), did not commit genocide against its Armenian citizens during World War I—a crime documented in a large body o ...
is also illegal in some countries.
In some countries, blasphemy
Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
is a crime. For example, in Austria, defaming Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
, the prophet of Islam, is not protected as free speech. 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 ''Brandenburg v. Ohio
''Brandenburg v. Ohio'', 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that s ...
'' (1969), expressly overruling '' Whitney v. California''. In ''Brandenburg'', the U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
referred to the right even to speak openly of violent action and revolution in broad terms: The opinion in ''Brandenburg'' discarded the previous test of "clear and present danger" and made the right to freedom of (political) speech protections in the United States almost absolute. Hate speech is also protected by the First Amendment in the United States, as decided in '' R.A.V. v. City of St. Paul'', (1992) in which the Supreme Court ruled that hate speech is permissible, except in the case of imminent violence. See the First Amendment to the United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
for more detailed information on this decision and its historical background.
Time, place, and manner
Limitations based on time, place, and manner apply to all speech, regardless of the view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest
Government or state interest is a concept in law that allows the state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and ha ...
. For example, a time, place, and manner restriction might prohibit a noisy political demonstration
A political demonstration is an action by a mass group or collection of groups of people in favor of a political or other cause or people partaking in a protest against a cause of concern; it often consists of walking in a mass march format ...
at a politician's home during the middle of the night, as that impinges upon the rights of the politician's neighbors to quiet enjoyment of their own homes. An otherwise identical activity might be permitted if it happened at a different time (e.g., during the day), at a different place (e.g., at a government building or in another public forum
In United States constitutional law, a forum is a property that is open to public expression and assembly.
Types
Forums are classified as public or nonpublic.
Public forum
A public forum also called an ''open forum'', is open to all expression ...
), or in a different manner (e.g., a silent protest
Silent protest is an organized effort where the participants stay quiet to demonstrate disapproval. It is used as a form of civil disobedience and nonviolent resistance that encourages voicing out different opinions through certain acts such as not ...
).
The Internet and information society
Jo Glanville, editor of the '' Index on Censorship'', states that "the Internet has been a revolution for censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
as much as for free speech". International, national and regional standards recognise that freedom of speech, as one form of freedom of expression, applies to any medium, including the Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
. The Communications Decency Act (CDA) of 1996 was the first major attempt by the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
to regulate pornographic
Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults, material on the Internet. In 1997, in the landmark cyberlaw
Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and sof ...
case of ''Reno v. ACLU
''Reno v. American Civil Liberties Union'', 521 U.S. 844 (1997), was a landmark decision of the Supreme Court of the United States, unanimously ruling that anti-indecency provisions of the 1996 Communications Decency Act violated the First Amendme ...
'', the US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
partially overturned the law. Judge 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:
The World Summit on the Information Society
The World Summit on the Information Society (WSIS) was a two-phase United Nations-sponsored summit on information, communication and, in broad terms, the information society that took place in 2003 in Geneva and in 2005 in Tunis. WSIS Forums have ...
(WSIS) Declaration of Principles adopted in 2003 makes specific reference to the importance of the right to freedom of expression for the "Information Society
An information society is a society where the usage, creation, distribution, manipulation and integration of information is a significant activity. Its main drivers are information and communication technologies, which have resulted in rapid inf ...
" in stating:
According to Bernt Hugenholtz and Lucie Guibault, the public domain
The public domain (PD) consists of all the creative work
A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
is under pressure from the "commodification
Within a capitalist economic system, commodification is the transformation of things such as goods, services, ideas, nature, personal information, people or animals into objects of trade or commodities.For animals"United Nations Commodity Trad ...
of information" as information with previously little or no economic value has acquired independent economic value in the information age. This includes factual data, personal data, genetic information
A nucleic acid sequence is a succession of bases signified by a series of a set of five different letters that indicate the order of nucleotides forming alleles within a DNA (using GACT) or RNA (GACU) molecule. By convention, sequences are usu ...
and pure idea
In common usage and in philosophy, ideas are the results of thought. Also in philosophy, ideas can also be mental representational images of some object. Many philosophers have considered ideas to be a fundamental ontological category of being ...
s. The commodification of information is taking place through intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
law, contract law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
, as well as broadcasting and telecommunications law.
Freedom of information
Freedom of information is an extension of freedom of speech where the medium of expression is the Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
. Freedom of information may also refer to the right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
in the context of the Internet and information technology
Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology system (I ...
. As with the right to freedom of expression, the right to privacy is a recognised human right
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...
and freedom of information acts as an extension to this right. Freedom of information may also concern censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
in an information technology context, i.e. the ability to access Web content
Web content is the wikt:text, text, visual system, visual or audio signal, audio Content (media), content that is made available online and user encountered as part of the online usage and user experience, experience on websites. It may include t ...
, without censorship or restrictions.
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.
Internet censorship
The concept of freedom of information
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
has emerged in response to state sponsored censorship, monitoring and surveillance of the internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet. The Global Internet Freedom Consortium claims to remove blocks to the "free flow of information" for what they term "closed societies". According to the Reporters without Borders (RWB) "internet enemy list" the following states engage in pervasive internet censorship: Mainland China, Cuba, Iran, Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
/Burma
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John Wells explai ...
, North Korea, Saudi Arabia, Syria, Turkmenistan
Turkmenistan ( or ; tk, Türkmenistan / Түркменистан, ) is a country located in Central Asia, bordered by Kazakhstan to the northwest, Uzbekistan to the north, east and northeast, Afghanistan to the southeast, Iran to the sout ...
, Uzbekistan
Uzbekistan (, ; uz, Ozbekiston, italic=yes / , ; russian: Узбекистан), officially the Republic of Uzbekistan ( uz, Ozbekiston Respublikasi, italic=yes / ; russian: Республика Узбекистан), is a doubly landlocked cou ...
, and Vietnam.
A widely publicized example of internet censorship is the "Great Firewall of China
The Great Firewall (''GFW''; ) is the combination of legislative actions and technologies enforced by the People's Republic of China to regulate the Internet domestically. Its role in internet censorship in China is to block access to selected for ...
" (in reference both to its role as a network firewall
In computing, a firewall is a network security system that monitors and controls incoming and outgoing network traffic based on predetermined security rules. A firewall typically establishes a barrier between a trusted network and an untrusted n ...
and the ancient Great Wall of China
The Great Wall of China (, literally "ten thousand ''li'' wall") is a series of fortifications that were built across the historical northern borders of ancient Chinese states and Imperial China as protection against various nomadic grou ...
). The system blocks content by preventing IP address
An Internet Protocol address (IP address) is a numerical label such as that is connected to a computer network that uses the Internet Protocol for communication.. Updated by . An IP address serves two main functions: network interface ident ...
es from being routed through and consists of standard firewall and proxy server
In computer networking, a proxy server is a server application that acts as an intermediary between a client requesting a resource and the server providing that resource.
Instead of connecting directly to a server that can fulfill a request ...
s at the internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
gateways. The system also selectively engages in DNS poisoning
DNS spoofing, also referred to as DNS cache poisoning, is a form of computer security hacking in which corrupt Domain Name System data is introduced into the DNS resolver's cache, causing the name server to return an incorrect result record, e.g ...
when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical. Internet censorship in the People's Republic of China
Internet censorship in the People's Republic of China (PRC) affects both publishing and viewing online material. Many controversial events are censored from news coverage, preventing many Chinese citizens from knowing about the actions of th ...
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
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
, business companies, and organizations.
Relationship with disinformation
Some legal scholars (such as Tim Wu
Timothy "Tim" Shiou-Ming Wu (born 1972) is a Taiwanese American legal scholar and official in the Biden Administration tasked with Technology and Competition policy. He was also a professor of law at Columbia University and a contributing opini ...
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". 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."
According to Wu, in the 21st century, the danger is not "suppressive states" that target "speakers directly", but that
History of dissent and truth
Before the invention of the printing press, a written work, once created, could only be physically multiplied by highly laborious and error-prone manual copying. No elaborate system of censorship and control over scribes existed, who until the 14th century were restricted to religious institutions, and their works rarely caused wider controversy. In response to the printing press, and the theological heresies it allowed to spread, the Roman Catholic Church moved to impose censorship. Printing allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information (see print culture). The origins of copyright law in most European countries lie in efforts by the Roman Catholic Church and governments to regulate and control the output of printers.
In 1501, Pope Alexander VI issued a Bill against the unlicensed printing of books. In 1559, Pope Paul IV promulgated the ''Index Expurgatorius'', or ''List of Prohibited Books''. The ''Index Expurgatorius'' is the most famous and long-lasting example of "bad books" catalogues issued by the Roman Catholic Church, which presumed to be in authority over private thoughts and opinions, and suppressed views that went against its doctrines. The ''Index Expurgatorius'' was administered by the Roman Inquisition, but enforced by local government authorities, and went through 300 editions. Amongst others, it banned or censored books written by René Descartes, Giordano Bruno, Galileo Galilei, David Hume, John Locke, Daniel Defoe, Jean-Jacques Rousseau and Voltaire. 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.
The notion that the expression of dissent or subversive views should be tolerated, not censured or punished by law, developed alongside the rise of printing and the News media, press. ''Areopagitica'', published in 1644, was John Milton
John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
's response to the Parliament of England, Parliament of England's re-introduction of government licensing of printers, hence publishers. Church authorities had previously ensured that Milton's Milton's divorce tracts, essay on the right to divorce was refused a license for publication. In ''Areopagitica'', published without a license, Milton made an impassioned plea for freedom of expression and toleration of falsehood, stating:
Milton's defense of freedom of expression was grounded in a Protestantism, Protestant worldview. He thought that the English people had the mission to work out the truth of the Protestant Reformation, Reformation, which would lead to the Age of Enlightenment, enlightenment of all people. Nevertheless, Milton also articulated the main strands of future discussions about freedom of expression. By defining the scope of freedom of expression and "harmful" speech, Milton argued against the principle of pre-censorship and in favor of tolerance for a wide range of views. Freedom of the press#United Kingdom, Freedom of the press ceased being regulated in England in 1695 when the Licensing Order of 1643 was allowed to expire after the introduction of the Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
shortly after the Glorious Revolution. The emergence of publications like the ''Tatler (1709), Tatler'' (1709) and the ''The Spectator (1711), 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. The French crown repressed printing and the printer Etienne Dolet was burned at the stake in 1546. In 1557 the British Crown thought to stem the flow of seditious and heretical books by chartering the Stationers' Company. The right to print was limited to the members of that guild. Thirty years later, the Star Chamber was chartered to curtail the "greate enormities and abuses" of "dyvers contentyous and disorderlye persons professinge the arte or mystere of pryntinge or selling of books". The right to print was restricted to two universities and the 21 existing printers in the city of London, which had 53 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 Storming of the Bastille, stormed in 1789.
A succession of English thinkers was at the forefront of early discussion on a right to freedom of expression, among them John Milton
John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
(1608–74) and John Locke (1632–1704). Locke established the individual as the unit of value and the bearer of rights to right to life, life, right to liberty, liberty, right to property, 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.
By the second half of the 17th century philosophers on the European continent like Baruch Spinoza and Pierre Bayle developed ideas encompassing a more universal aspect freedom of speech and toleration than the early English philosophers. By the 18th century the idea of freedom of speech was being discussed by thinkers all over the Western world, especially by French philosophes like Denis Diderot, Baron d'Holbach and Claude Adrien Helvétius. The idea began to be incorporated in political theory both in theory as well as practice; the first state edict in history proclaiming complete freedom of speech was the one issued 4 December 1770 in Denmark-Norway during the regency of Johann Friedrich Struensee. 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.
John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ...
(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
''On Liberty'' is a philosophical essay by the English philosopher John Stuart Mill. Published in 1859, it applies Mill's ethical system of utilitarianism to society and state. Mill suggests standards for the relationship between authority a ...
'', published in 1859, became a classic defence of the right to freedom of expression. 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. 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. Neither economic or moral implications nor the speaker's own well-being would justify suppression of speech. 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.
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". Hall's quote is frequently cited to describe the principle of freedom of speech. 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 Joseph Stalin, Stalin and Adolf Hitler, 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". 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 Toleration, 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).
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".
The 1928 novel ''Lady Chatterley's Lover'' by D. H. Lawrence was banned for obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
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 Daily Telegraph, 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". Fred Kaplan (journalist), 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. 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.
In contrast to Anglophone nations, France was a haven for literary freedom. The innate French regard for the mind meant that France was disinclined to punish literary figures for their writing, and prosecutions were rare. While it was prohibited everywhere else, James Joyce's ''Ulysses (novel), Ulysses'' was published in Paris in 1922. Henry Miller's 1934 novel ''Tropic of Cancer (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.
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. 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, Governor of New York, New York Governor George Pataki granted him a posthumous pardon for his obscenity conviction.
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. This is not the case worldwide.
Offences
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. Another Saudi writer, Raif Badawi, was arrested in 2012 and lashed.
See also
* Academic freedom
* Artistic freedom
* The Confessionals
* Cancel culture
* 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
* 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
* ''Stanley v. Georgia''
* Symbolic speech
* Victimless crime
References
Further reading
*
*
*
*
*
*
*
*
*
* Shaw, Caroline. "Freedom of expression and the palladium of British liberties, 1650–2000: A review essay". ''History Compass'' (Oct 2020). doi:10.1111/hic3.12629, Online.
External links
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
Organization of American States
{{DEFAULTSORT:Freedom Of Speech
Freedom of speech,
Censorship
Freedom of expression, Speech
Human rights