FREEDOM OF SPEECH / EXPRESSION
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with relatively authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms (see propaganda model) and there are
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Simply put, the view against our libel law is very strong evidence of breach of a state obligation under the ICCPR And instead of heeding the UN’s call to review its existing libel law, Congress and President Aquino appeared to have slammed the body by enacting an even more draconian legislation against cyber libel.
Our constitutional commitment to freedom of expression has long been recognized. Justice Holmes, for instance, wrote: “When men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market . . . .”
The commitment exists because it is only through freedom of expression that we are able to discern the truth and able to fiscalize despotic regimes: “The freedom to speak one’s mind is not only an aspect of individual liberty—and thus a good unto itself—but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions.
By criminalizing internet libel, government expanded the infringement of freedom of expression even to the realm that has enabled us to give life
“If liberty means anything at all, it means the right to tell people what they do not want to hear” (George Orwell). Whether the opinion is of extreme offense or not, censorship is not the answer nor is the limitation of the freedom of speech. Emerging the truth, can only be possible through the opposition of ideas, thus with no boundries, the full protection of freedom of speech is a necessary quality of any society.
According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).
This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.
1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, “I may disagree with what you have to say, but I will defend to the death your right to say it” (Columbia). This right to express one's opinion can be characterized as “freedom of speech.” The concept of “freedom of speech” is a Constitutional right in the United States, guaranteed under the First Amendment to the Constitution:
Free speech is by far the most commonly recognized freedom in our everyday lives. The freedom of speech allows us to voice our own opinions without the severe repercussions of some countries. It allows us to say what we really feel and helps us learn how to communicate in true and meaningful ways. Along with this freedom, we must remember that there are limits to this freedom. While being arrested “you have the right to remain silent” and anything you say can be used against you in court. This freedom is not one to be taken for
Freedom of speech includes the freedom not to agree, not to listen and not to support one’s own antagonists. A “right” does not include the material implementation of that right by other men; it includes only the freedom to earn that implementation by one’s own effort (n.p).
In the United States of America, the First Amendment of the Constitution assures individuals such civil liberties as the freedom of religion, speech, press, assembly, and petition. Freedom of speech preserves not only an individual’s right to vocally express themselves unabridged, it also allows them the right to burn the American flag, engage in silent protest, and more recently (2016), get a tattoo. In some respects, freedom of speech has come to mean the freedom of communication.
What does freedom of expression really mean? Why is it important to our democratic society? In the landmark case of R. v. Keegstra (1990), the issues of freedom of expression
Free speech is the backbone that holds democracy together. Without a free speech, ideas would not be challenged, governments would not be kept in check, and citizens would not be free. John Stuart Mill said once that, “If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person then he, if he had the power, would be justified in silencing mankind.”( Roleff, 21). The right to free speech is essential to “egalitarian democracy,”(Tsesis) however, this right is not absolute and must be limited in certain situations.
Showing that governments while insuring people’s social rights, and basic liberties should not be silencing their citizens. Since the freedom of speech is one of the many pillars holding up socialist societies.
People are given the right through the freedom of press to debate or ague an issue that they believe to have received little justification. The liberty to express social views through media is necessary in the development of a healthy and efficient democracy, as making statements without fear of persecution constitutes the “eyes and ears” of the public. For example, it is stated in the excerpt from the Massachusetts Bill of Rights of 1780 that “the liberty of press is essential to the security of freedom in a state.” This statement supports that the freedom of press secures the other rights of a citizen, as it promotes the free exercise of words and language. This document, along with the final draft of the Bill of Rights, contributed to the basis of the freedom of press because the right to express one’s personal views and perspectives “ought [are] not to be restricted” or abridged to any
In the book Freedom for the Thought that we Hate, author Anthony Lewis takes a simply phrased law, the First Amendment and shows how complex freedom of speech really is once put into the real world of freedom, as we know it. He shows through his rejections of absolutism, strong support towards freedom restriction, and objective analysis of Chief Justice Oliver Wendell Holmes, that the United States press is unlike any other in the world.
In the United States we enjoy many freedoms. There are many place throughout the world that don’t allow you to live your life with the flexibilities that a United States citizen may possess. These right are given by the Unites States constitution has made this country become pioneers of innovation, and cultural development. Having a right to express yourself and your ideals have made this the home of immigrates with the ambition to develop into major contributors in modern society. One freedom we enjoy, I would like to discuss in this paper is freedom of speech. Freedom of speech is one the world’s most sort after rights but as of lately it has been under attack stating it may cause national security issues. In this paper we will look at the development of the First Amendment and how newly enacted laws that will cause the government to label people or groups enacting this rights as extremist.
On that note, we must ask ourselves this: how free is freedom of speech allowed to be? Free enough to voice an opinion but restraining
We are blessed to live in a country that has many rights, the most important is the freedom of speech which provides an umbrella of protection over our remaining rights; however, all of our rights are under attack beginning with the First Amendment which is under constant assault by censorship.