Freedom of speech
From The Art and Popular Culture Encyclopedia
"I should like there to be perfect freedom to deride them all [all religions]; I should like men, gathered in no matter what temple to invoke the eternal who wears their image, to be seen as so many comedians in a theater, at whose antics everyone may go to laugh." --Yet Another Effort, Frenchmen, If You Would Become Republicans (1795), Marquis de Sade
"Freedom of the press is guaranteed only to those who own one" --A. J. Liebling
"Lucilio Vanini denied the immortality of the soul and attacked the Aristotelian cosmos-view. Like Bruno, he denied the difference between the everyday world and the celestial world, saying that both are composed of the same corruptible material."--Sholem Stein
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.
- 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
- Photography is Not a Crime
- Political correctness
- Right to pornography
- Symbolic speech