Freedom Of Speech
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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, 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 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". 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,
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, fighting words,
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, and perjury. 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 rig ...
, 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'', 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, application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example, the Golden Shield Project, 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. 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 and
Milton Milton may refer to: Names * Milton (surname), a surname (and list of people with that surname) ** John Milton (1608–1674), English poet * Milton (given name) ** Milton Friedman (1912–2006), Nobel laureate in Economics, author of '' Free t ...
.
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 legally established the constitutional right of freedom of speech in Parliament which is still in effect, so-called
parliamentary privilege Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. ...
. 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 member of parliament and Ostrobothnian priest Anders Chydenius. 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 at the Swedish Riksdag in
Gävle Gävle () is a city in Sweden, the seat of Gävle Municipality and the capital of Gävleborg County. It had 77,586 inhabitants in 2020, which makes it the 13th most populated city in Sweden. It is the oldest city in the historical Norrland (Swede ...
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 Church of Sweden ( sv, Svenska kyrkan) is an Evangelical Lutheran national church in Sweden. A former state church, headquartered in Uppsala, with around 5.6 million members at year end 2021, it is the largest Christian denomination in Sweden ...
. 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. Adopted in 1791, freedom of speech is a feature of the First Amendment to the United States Constitution. The French Declaration provides for freedom of expression in Article 11, which states that: Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that: Today, freedom of speech, or the freedom of expression, is recognised in international and regional
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, ag ...
. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights.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 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 A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
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, 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, 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 summed up by the principle "no money, no voice".


As a negative right

Freedom of speech is usually seen as a negative right. 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 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 o ...
. 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 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 Thomas I. Emerson (1907–1991) was a 20th-century American attorney and professor of law. He is known as a "major architect of civil liberties law," "arguably the foremost First Amendment scholar of his generation," and "pillar of the Bill of R ...
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". 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, indicates that freedom of speech, and the process of accountability that follows it, have a significant impact on the quality of governance of a country. "Voice and Accountability" within a country, defined as "the extent to which a country's
citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
s are able to participate in selecting their government, as well as freedom of expression, freedom of association, and
free media Earned media (or free media) refers to publicity gained through promotional efforts other than advertising ( paid media) or branding (owned media). Background There are many types of media available to online marketers and fit into the broad cate ...
" 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,
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, and intellectual property. 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 rig ...
" or the "offence principle". In '' On Liberty'' (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 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 restricting speech (and action) concerning LGBT issues. Many European countries that take pride in freedom of speech nevertheless outlaw speech that might be interpreted as Holocaust denial. 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 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, 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 code A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are c ...
s at state-operated schools. In the U.S., the standing landmark opinion on political speech is '' Brandenburg v. Ohio'' (1969), expressly overruling ''
Whitney v. California ''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society. ''Whitney'' was explicitly overruled by ''Brandenburg v. ...
''. In ''Brandenburg'', the U.S. Supreme Court 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 ''R.A.V. v. City of St. Paul'', 505 U.S. 377 (1992), is a case of the United States Supreme Court that unanimously struck down St. Paul's Bias-Motivated Crime Ordinance and reversed the conviction of a teenager, referred to in court documents only ...
'', (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 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. For example, a time, place, and manner restriction might prohibit a noisy political demonstration 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 Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ...
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).


The Internet and information society

Jo Glanville, editor of the ''
Index on Censorship Index on Censorship is an organization campaigning for freedom of expression, which produces a quarterly magazine of the same name from London. It is directed by the non-profit-making Writers and Scholars International, Ltd (WSI) in association w ...
'', states that "the Internet has been a revolution for censorship 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
Communications Decency Act The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case ''Reno v. ACLU'', the United States Supreme Court unanimously struck ...
(CDA) of 1996 was the first major attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw 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 partially overturned the law. Judge
Stewart R. Dalzell Stewart Richard Dalzell (September 18, 1943 – February 18, 2019) was a United States district judge of the United States District Court for the Eastern District of Pennsylvania. Education and early career Born in Hackensack, New Jersey, Dalz ...
, 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 (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: According to Bernt Hugenholtz and Lucie Guibault, the public domain 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 Personal data, also known as personal information or personally identifiable information (PII), is any information related to an identifiable person. The abbreviation PII is widely accepted in the United States, but the phrase it abbreviates ha ...
, genetic information and pure ideas. The commodification of information is taking place through intellectual property law, contract law, 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. Freedom of information may also refer to the right to privacy in the context of the Internet and information technology. As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right. Freedom of information may also concern censorship in an information technology context, i.e. the ability to access Web content, 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 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 The Global Internet Freedom Consortium is a consortium of organizations that develop and deploy anti-censorship technologies for use by Internet users in countries whose governments restrict Web-based information access. The organization was repor ...
claims to remove blocks to the "free flow of information" for what they term "closed societies". According to the
Reporters without Borders Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
(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, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam. A widely publicized example of internet censorship is the " Great Firewall of China" (in reference both to its role as a network firewall and the ancient Great Wall of China). The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the internet 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 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.


Relationship with 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". The
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
(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 Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
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 Pope Alexander VI ( it, Alessandro VI, va, Alexandre VI, es, Alejandro VI; born Rodrigo de Borja; ca-valencia, Roderic Llançol i de Borja ; es, Rodrigo Lanzol y de Borja, lang ; 1431 – 18 August 1503) was head of the Catholic Churc ...
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 Giordano Bruno (; ; la, Iordanus Brunus Nolanus; born Filippo Bruno, January or February 1548 – 17 February 1600) was an Italian philosopher, mathematician, poet, cosmological theorist, and Hermetic occultist. He is known for his cosmologic ...
, Galileo Galilei, David Hume,
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
,
Daniel Defoe Daniel Defoe (; born Daniel Foe; – 24 April 1731) was an English writer, trader, journalist, pamphleteer and spy. He is most famous for his novel ''Robinson Crusoe'', published in 1719, which is claimed to be second only to the Bible in its ...
, 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
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a famil ...
. '' 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's re-introduction of government licensing of printers, hence publishers. 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, 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 Protestant worldview. He thought that the English people had the mission to work out the truth of the Reformation, which would lead to the
enlightenment Enlightenment or enlighten may refer to: Age of Enlightenment * Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing (alphabetically by country or culture): ...
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 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 ...
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 shortly after the Glorious Revolution. The emergence of publications like the '' Tatler'' (1709) and the ''
Spectator ''Spectator'' or ''The Spectator'' may refer to: *Spectator sport, a sport that is characterized by the presence of spectators, or watchers, at its matches *Audience Publications Canada * ''The Hamilton Spectator'', a Hamilton, Ontario, Canada, ...
'' (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 The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...
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 The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
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 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 John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
(1632–1704). Locke established the
individual An individual is that which exists as a distinct entity. Individuality (or self-hood) is the state or quality of being an individual; particularly (in the case of humans) of being a person unique from other people and possessing one's own Maslow ...
as the unit of value and the bearer of rights to life, 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. By the second half of the 17th century philosophers on the European continent like
Baruch Spinoza Baruch (de) Spinoza (born Bento de Espinosa; later as an author and a correspondent ''Benedictus de Spinoza'', anglicized to ''Benedict de Spinoza''; 24 November 1632 – 21 February 1677) was a Dutch philosopher of Portuguese-Jewish origin, b ...
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 Paul-Henri Thiry, Baron d'Holbach (; 8 December 1723 – 21 January 1789), was a French-German philosopher, encyclopedist, writer, and prominent figure in the French Enlightenment. He was born Paul Heinrich Dietrich in Edesheim, near Land ...
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'', 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 Evelyn Beatrice Hall (28 September 1868 – 13 April 1956),Sources which date Hall's death to 1919, such aFred R. Shapiro's ''The Yale Book of Quotations'' are in error. The confusion may have arisen because Hall published no further written wor ...
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 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". 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 Tolerance or toleration is the state of tolerating, or putting up with, conditionally. Economics, business, and politics * Toleration Party, a historic political party active in Connecticut * Tolerant Systems, the former name of Veritas Software ...
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 ''Lady Chatterley's Lover'' is the last novel by English author D. H. Lawrence, which was first published privately in 1928, in Italy, and in 1929, in France. An unexpurgated edition was not published openly in the United Kingdom until 1960, w ...
'' by
D. H. Lawrence David Herbert Lawrence (11 September 1885 – 2 March 1930) was an English writer, novelist, poet and essayist. His works reflect on modernity, industrialization, sexuality, emotional health, vitality, spontaneity and instinct. His best-k ...
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 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 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 Ulysses is one form of the Roman name for Odysseus, a hero in ancient Greek literature. Ulysses may also refer to: People * Ulysses (given name), including a list of people with this name Places in the United States * Ulysses, Kansas * Ulysse ...
'' 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. In 1964 comedian
Lenny Bruce Leonard Alfred Schneider (October 13, 1925 – August 3, 1966), known professionally as Lenny Bruce, was an American stand-up comedian, social critic, and satirist. He was renowned for his open, free-wheeling, and critical style of comedy which ...
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
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s 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 A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
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 The Confessionals is a group of anonymous forums maintained by Shibo Xu, an Oberlin College graduate, and developed by various short-term collaborators. They provide a space for college and university students to speak openly and candidly, often on ...
*
Cancel culture Cancel culture, or rarely also known as call-out culture, is a phrase contemporary to the late 2010s and early 2020s used to refer to a form of ostracism in which someone is thrust out of social or professional circles—whether it be online, on ...
* Civil and political rights * Digital rights *
Election silence Election silence, blackout period, pre-election silence, electoral silence, or campaign silence is a ban on political campaigning or media coverage of a general election, before or during that election. Operation In some jurisdictions, such as Sl ...
*
Everybody Draw Mohammed Day Everybody Draw Mohammed Day (or Draw Mohammed Day) was a 2010 event in support of artists threatened with violence for drawing representations of the Islamic prophet Muhammad. It stemmed from a protest against censorship of the American telev ...
* Forced or compelled speech * Free speech fights * Freedom of thought *
Glasnost ''Glasnost'' (; russian: link=no, гласность, ) has several general and specific meanings – a policy of maximum openness in the activities of state institutions and freedom of information, the inadmissibility of hushing up problems, ...
*
Global Network Initiative The Global Network Initiative (GNI) is a non-governmental organization with the dual goals of preventing Internet censorship by authoritarian governments and protecting the Internet privacy rights of individuals. It is sponsored by a coalition of ...
*
Hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
* Heckler's veto * IFEX (organization) *
Illegal number An illegal number is a number that represents information which is illegal to possess, utter, propagate, or otherwise transmit in some legal jurisdiction. Any piece of digital information is representable as a number; consequently, if communicat ...
* Je suis Charlie * Jyllands-Posten Muhammad cartoons controversy * Jamal Khashoggi * Legality of Holocaust denial *
Post–World War II legality of Nazi flags The use of flags from the Nazi Germany (1933–1945) is currently subject to legal restrictions in a number of countries. While legal in the majority of countries, the display of flags associated with the Nazi government (see: Nazi flags) is ...
** Strafgesetzbuch section 86a ** Verbotsgesetz 1947 * Bans on communist symbols *
Lolicon In Japanese popular culture, is a genre of fictional media in which young (or young-looking) girl characters appear in romantic or sexual contexts. The term, a portmanteau of the English phrase "Lolita complex", also refers to desire and a ...
/ Shotacon ** Legal status of drawn pornography depicting minors ** Simulated child pornography * Market for loyalties theory *
Media transparency Media transparency (or transparent media), also referred to as Media Opacity, is a concept that explores how and why information subsidies are being produced, distributed and handled by media professionals, including journalists, editors, public r ...
* No Platform * Open court principle *
Paradox of tolerance The paradox of tolerance states that if a society is tolerant without limit, its ability to be tolerant is eventually seized or destroyed by the intolerant. Karl Popper described it as the seemingly self-contradictory idea that in order to mainta ...
* Parrhesia * Photography Is Not a Crime *
Pirate Party Pirate Party is a label adopted by Political party, political parties around the world. Pirate parties support Civil and political rights, civil rights, direct democracy (including e-democracy) or alternatively Participatory democracy, partici ...
*
Political correctness ''Political correctness'' (adjectivally: ''politically correct''; commonly abbreviated ''PC'') is a term used to describe language, policies, or measures that are intended to avoid offense or disadvantage to members of particular groups in socie ...
* Rights * Safety of journalists * ''
Stanley v. Georgia ''Stanley v. Georgia'', 394 U.S. 557 (1969), was a U.S. Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials. The Georgia home of Robert Eli Stanley, a susp ...
'' *
Symbolic speech Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment ...
* 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). 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 Censorship
Speech Speech is a human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if ...
Human rights