Freedom of speech
From The Art and Popular Culture Encyclopedia
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| + | "[[Freedom of the press is guaranteed only to those who own one]]" --A. J. Liebling | ||
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| + | [[Image:The Big Swallow.jpg|thumb|right|200px|This page '''{{PAGENAME}}''' is part of the [[censorship]] series.<br> | ||
| + | <small>Illustration: a close-up of a [[mouth]] in the film ''[[The Big Swallow]]'' (1901)</small>]] | ||
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| - | '''Freedom of speech''' is the concept of being able to speak freely without [[censorship]]. It is often regarded as an integral concept in modern [[liberal democracy|liberal democracies]]. The right to freedom of speech is guaranteed under international law through numerous human rights instruments, notably under Article 19 of the [[Universal Declaration of Human Rights]] and Article 10 of the [[European Convention on Human Rights]], although implementation remains lacking in many countries. The synonymous term '''freedom of expression''' is sometimes preferred, since the right is not confined to verbal speech but is understood to protect any act of seeking, receiving and imparting information or ideas, regardless of the medium used. | ||
| - | In practice, the right to freedom of speech is not absolute in any country, although the degree of freedom varies greatly. Industrialized countries also have varying approaches to balance freedom with order. For instance, the [[United States]] [[First Amendment to the United States Constitution|First Amendment]] theoretically grants absolute freedom, placing the burden upon the state to demonstrate when (if) a limitation of this freedom is necessary. In almost all [[liberal democracy|liberal democracies]], it is generally recognized that restrictions should be the exception and free expression the rule; nevertheless, compliance with this principle is often lacking. | + | '''Freedom of speech''' is a principle that supports the [[freedom]] of an individual or community to articulate one's [[opinion]]s and [[idea]]s without fear of retaliation, [[censorship]], or [[sanction]]. The term "freedom of expression" is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. |
| - | == Origins and academic freedom == | + | |
| - | Freedom of speech and expression has a long history that predates modern [[international human rights instruments]]. [[ancient Athens|Ancient Athenians]] believed that the power of persuasion is the most enduring force in a culture, one that must not and can not be stifled. It is thought that [[Athenian democracy|ancient Athens]]’ democratic ideology of free speech emerged in the later 6th or early 7th Century BC. Two of the most cherished values of the [[Roman Republic]] were freedom of religion and freedom of speech. In [[Islamic ethics]] freedom of speech was first declared in the [[Rashidun]] period by the [[caliph]] [[Umar]] in the [[7th century]]. In the [[Abbasid Caliphate]] period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph [[al-Ma'mun]]) in a letter to one of the religious opponents he was attempting to [[Religious conversion|convert]] through [[reason]]. According to George Makdisi and Hugh Goddard, "the idea of [[academic freedom]]" in [[University|universities]] was "modelled on Islamic custom" as practiced in the medieval [[Madrasah]] system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe, the [[University of Naples Federico II]] founded by [[Frederick II, Holy Roman Emperor]] in 1224. | + | Freedom of expression is recognized as a [[human right]] under article 19 of the [[Universal Declaration of Human Rights]] and recognized in [[international human rights law]] in the [[International Covenant on Civil and Political Rights]] (ICCPR). Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals". |
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| + | Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations to freedom of speech relate to [[libel]], [[slander]], [[obscenity]], [[pornography]], [[sedition]], [[incitement]], [[fighting words]], [[classified information]], [[copyright violation]], [[trade secrets]], [[List of food labeling regulations|food labeling]], [[non-disclosure agreements]], the [[right to privacy]], the [[right to be forgotten]], [[public security]], and [[perjury]]. Justifications for such include the [[harm principle]], proposed by [[John Stuart Mill]] 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 in the justification of 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 the 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 of the People's Republic of China|Ministry of Public Security]] that filters potentially unfavorable data from foreign countries. | ||
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| + | 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. | ||
| - | The modern concept of freedom of speech emerged gradually during the [[European Enlightenment]]. The England’s [[Bill of Rights 1689]] granted 'freedom of speech in Parliament'. The [[Declaration of the Rights of Man and of the Citizen]], which issued from the [[French Revolution]] of 1789, specifically affirmed freedom of speech as an inalienable right. In 1791, freedom of speech was included in the [[First Amendment to the United States Constitution]]. | + | A number of European countries that take pride in freedom of speech nevertheless outlaw speech that might be interpreted as [[Holocaust denial#Laws against Holocaust denial|Holocaust denial]]. These include Austria, Belgium, Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, and Switzerland. |
| + | == See also == | ||
| + | * [[Academic freedom]] | ||
| + | * [[Artistic freedom]] | ||
| + | * [[The Confessionals]] | ||
| + | * [[Digital rights]] | ||
| + | * [[Election silence]] | ||
| + | * [[Forbidden number]] | ||
| + | * [[Compelled speech]] | ||
| + | * [[Freedom of thought]] | ||
| + | * [[Global Network Initiative]] | ||
| + | * [[Hate speech]] | ||
| + | * [[Heckler's veto]] | ||
| + | * [[Je suis Charlie]] | ||
| + | * [[Jyllands-Posten Muhammad cartoons controversy]] | ||
| + | * [[Laws against Holocaust denial]] | ||
| + | * [[Market for loyalties theory]] | ||
| + | * [[Media transparency]] | ||
| + | * [[NUS No Platform Policy]] | ||
| + | * [[Open court principle]] | ||
| + | * [[Paradox of tolerance]] | ||
| + | * [[Parrhesia]] | ||
| + | * [[Photography is Not a Crime]] | ||
| + | * [[Political correctness]] | ||
| + | * [[Rights]] | ||
| + | * [[Right to pornography]] | ||
| + | * [[Symbolic speech]] | ||
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Revision as of 12:43, 27 October 2018
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"Freedom of the press is guaranteed only to those who own one" --A. J. Liebling |
Illustration: a close-up of a mouth in the film The Big Swallow (1901)
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Freedom of speech is a principle that supports the freedom of an individual or community to articulate one's opinions and ideas without fear of retaliation, censorship, or sanction. The term "freedom of expression" is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used.
Freedom of expression is recognized as a human right under article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals".
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury. Justifications for such include the harm principle, proposed by John Stuart Mill 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 in the justification of 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 the 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 unfavorable data from foreign countries.
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.
A number of European countries that take pride in freedom of speech nevertheless outlaw speech that might be interpreted as Holocaust denial. These include Austria, Belgium, Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, and Switzerland.
See also
- Academic freedom
- Artistic freedom
- The Confessionals
- Digital rights
- Election silence
- Forbidden number
- Compelled speech
- Freedom of thought
- Global Network Initiative
- Hate speech
- Heckler's veto
- Je suis Charlie
- Jyllands-Posten Muhammad cartoons controversy
- Laws against Holocaust denial
- Market for loyalties theory
- Media transparency
- NUS No Platform Policy
- Open court principle
- Paradox of tolerance
- Parrhesia
- Photography is Not a Crime
- Political correctness
- Rights
- Right to pornography
- Symbolic speech
