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Part of a series on
Freedom
By concept

Economic freedom
Philosophical freedom
Political freedom
Liberty

By form

Assembly
Association
From government
Movement
Press
Religion and beliefs
Speech & expression
Thought
Self-defense

Other

Censorship
Coercion
Children's rights
Human rights
Indices
Media transparency
Negative liberty
Positive liberty

Freedom of speech is being able to speak freely without censorship. Economic freedom is freedom to produce trade and consume any goods and services acquired without the use of force fraud or theft Freedom, or the idea of being free is a broad concept that Political freedom is the absence of interference with the sovereignty of an individual by the use of coercion or aggression Liberty, the freedom to act or believe without being stopped by unnecessary force Freedom of assembly, sometimes used interchangeably with the Freedom of association, is the Individual right to come together with other individuals and collectively Freedom of association is the Individual right to come together with other individuals and collectively express promote pursue and defend common interests thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government. Freedom of movement, mobility rights or the right to travel is a Human rights concept which is respected in the Constitutions of numerous Freedom Constitutional or statutory protections pertaining to freedom of the press Freedom of religion is the freedom of an individual or community in public or private to manifest religion or belief in teaching practice worship and observance Freedom of thought (also called freedom of conscience and freedom of ideas) is the freedom of an individual to hold or consider a fact viewpoint The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their Censorship is the suppression of speech or deletion of communicative material which may be considered objectionable harmful or sensitive as determined by a censor Coercion (co-er-shion is the practice of compelling a person or manipulating them to behave in an involuntary way (whether through action or inaction by use of threats Children's rights are the Human rights of Children with particular attention to the rights of special protection and care afforded to the young including their Human rights refers to the "basic Rights and freedoms to which all humans are entitled There are several Non-governmental organizations that publish and maintain assessments of the state of freedom in the world according to their own various definitions of Media Transparency is the concept of determining how and why Information is conveyed through various means The concept of negative liberty refers to freedom from interference by other people ||-||} Positive liberty refers to the opportunity and ability to act to fulfill one's own potential as opposed to Negative liberty, which refers to freedom from Censorship is the suppression of speech or deletion of communicative material which may be considered objectionable harmful or sensitive as determined by a censor 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 Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the 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 theoretically grants absolute freedom, placing the burden upon the state to demonstrate when (if) a limitation of this freedom is necessary. The United States of America —commonly referred to as the The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress In almost all 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. The term "liberal" in "liberal democracy" does not imply that the government of such a democracy must follow the political ideology of

Contents

Theories of speech

One justification for free speech is a general liberal or libertarian presumption against coercing individuals from living how they please and doing what they want. Libertarianism is a term used by a broad spectrum of political philosophies which prioritize individual Liberty and seek to minimize or even abolish the However, a number of more specific justifications are commonly proposed.

For example, Justice McLachlin of the Canadian Supreme Court identified the following in R. v. Keegstra, a 1990 case on hate speech:

  1. Free speech promotes "The free flow of ideas essential to political democracy and democratic institutions" and limits the ability of the state to subvert other rights and freedoms
  2. It promotes a marketplace of ideas, which includes, but is not limited to, the search for truth
  3. It is intrinsically valuable as part of the self-actualization of speakers and listeners
  4. It is justified by the dangers for good government of allowing its suppression. Beverley McLachlin PC (born September 7, 1943) is the Chief Justice of Canada, the first woman to hold that position The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian R v Keegstra, 3 SCR 697 is a landmark Freedom of expression decision of the Supreme Court of Canada where the Court upheld the Criminal Code Maslow's hierarchy of needs is a theory in Psychology, proposed by Abraham Maslow in his 1943 paper A Theory of Human Motivation, which

Such reasons perhaps overlap. Together, they provide a widely accepted rationale for the recognition of freedom of speech as a basic civil liberty.

Each of these justifications can be elaborated in a variety of ways and some may need to be qualified. The first and fourth can be bracketed together as democratic justifications, or a justification relating to self-governance. They relate to aspects of free speech's political role in a democratic society. The second is related to the discovery of truth. The third relates most closely to general libertarian values but stresses the particular importance of language, symbolism and representation for our lives and autonomy. Self-governance is an abstract concept that refers to several scales of Organization.

This analysis suggests a number of conclusions. First, there are powerful overlapping arguments for free speech as a basic political principle in any liberal democracy. Second, however, free speech is not a simple and absolute concept but a liberty that is justified by even deeper values. Third, the values implicit in the various justifications for free speech may not apply equally strongly to all kinds of speech in all circumstances.

Noam Chomsky states that:

Self-governance

Freedom of speech is crucial in any participatory democracy, because open discussions of candidates are essential for voters to make informed decisions during elections. Participatory democracy is a process emphasizing the broad Participation (decision making of constituents in the direction and operation of political systems It is through speech that people can influence their government's choice of policies. Also, public officials are held accountable through criticisms that can pave the way for their replacement. The US Supreme Court has spoken of the ability to criticize government and government officials as "the central meaning of the First Amendment. The United States of America —commonly referred to as the " New York Times v. Sullivan. New York Times Co v Sullivan, 376 US 254 ( 1964) was a United States Supreme Court case which established the Actual malice standard But "guarantees for speech and press are not the preserve of political expression or comment upon public affairs, essential as those are to healthy government. " Time, Inc. v. Hill.

Some suggest that when citizens refrain from voicing their discontent because they fear retribution, the government can no longer be responsive to them, thus it is less accountable for its actions. Defenders of free speech often allege that this is the main reason why governments suppress free speech – to avoid accountability.

However, it may be argued that some restrictions on freedom of speech may be compatible with democracy or even necessary to protect it. For example, such arguments are used to justify restrictions on the support of Nazi ideas in post-war Germany. Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German They have also been used to justify restrictions on obscenity, which was long thought to be outside the protection of the First Amendment.

Research conducted over the last decade, like the Worldwide Governance Indicators project at the World Bank, recognizes that freedom of speech, and the process of accountability that follows it, have a significant impact in the quality of governance of a country. Based on a long-standing research program of the World Bank, the Kaufmann -Kraay-Mastruzzi Worldwide Governance Indicators capture six key dimensions Governance relates to decisions that define expectations, grant power, or verify performance. Voice and Accountability within a country, defined as "the extent to which a country's citizens are able to participate in selecting their government, as well as freedom of expression, freedom of association, and free media"[1] is one of the six dimensions of governance that the Worldwide Governance Indicators measure for more than 200 countries.

Discovering truth

A classic argument for protecting freedom of speech as a fundamental right is that it is essential for the discovery of truth. The meaning of the word truth extends from Honesty, Good faith, and Sincerity in general to agreement with Fact or Reality This argument is particularly associated with the British philosopher John Stuart Mill. John Stuart Mill (20 May 1806 &ndash 8 May 1873 British Philosopher, political economist, civil servant and Member of Parliament, was an influential Justice Oliver Wendell Holmes wrote that "the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme " In Abrams v. United States Justice Holmes also invoked the powerful metaphor of the "marketplace of ideas. Abrams v United States, 250 US 616 (1919 was a decision of the United States Supreme Court involving the 1918 Amendment to the Espionage Act of The " marketplace of ideas " is a rationale for Freedom of expression based on an Analogy to the economic concept of a Free market "

This marketplace of ideas rationale for freedom of speech has been criticized by scholars on the grounds that it is wrong to assume all ideas will enter the marketplace of ideas, and even if they do, some ideas may drown out others merely because they enjoy dissemination through superior resources.

The marketplace is also criticized for its assumption that truth will necessarily triumph over falsehood. It is visible throughout history that people may be swayed by emotion rather than reason, and even if truth ultimately prevails, enormous harm can occur during the interim. However, even if these weaknesses of the marketplace of ideas are acknowledged, supporters argue that the alternative of government determination of truth and censorship of falsehoods is worse.

Alan Haworth in his book Free Speech (1998), has suggested that the metaphor of a marketplace of ideas is misleading. He argues that Mill's classic defence of free speech, in On Liberty, does not develop the idea of a market (as later suggested by Holmes) but essentially argues for the freedom to develop and discuss ideas in the search for truth or understanding. On Liberty is a philosophical work by 19th century English Philosopher John Stuart Mill, first published in 1859 In developing this argument, Haworth says Mill pictured society not as a marketplace of ideas, but as something more like a large-scale academic seminar. This implies the need for tacit standards of conduct and interaction, including some degree of mutual respect. That may well limit the kinds of speech that are justifiably protected.

Another way of putting this point is to concede Mill's claim that freedom of speech of certain kinds is needed for rational inquiry. This can support the claimed need to protect potentially unpopular ideas. However, it can then be added that this does not necessarily lead to the conclusion that a wide range of speech, including offensive or insulting speech, must be given the same protection.

As put by Mill, the argument can also be seen as somewhat elitist, since it may seem that relatively little speech or expression appeals primarily to the intellect. However, there are senses in which this justification can be extended beyond the speech of individuals who are involved in narrowly intellectual inquiry, such as scientists and academic scholars. In one sense, it merges with justifications based on autonomy, if it is interpreted as relating to the psychological need felt by individuals to pursue truth and understanding. In another sense, it may be extended to the protection of literature and art that has a claim to some kind of social value.

Promoting tolerance

Still another explanation is that freedom of speech is integral to tolerance, which some people feel should be a basic value in society. Professor Lee Bollinger is an advocate of this view and 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. Lee C Bollinger is an American lawyer and educator who is currently serving as the 19th president of Columbia University. " The free speech principle is left with the concern of nothing less than helping to shape "the intellectual character of the society".

This claim is to say that tolerance is a desirable, if not essential, value, and that protecting unpopular speech is itself an act of tolerance. Such tolerance serves as a model that encourages more tolerance throughout society. Critics argue that society need not be tolerant of the intolerance of others, such as those who advocate great harm, such as genocide. Preventing such harms is claimed to be much more important than being tolerant of those who argue for them.

Restrictions on free speech

Socialists have historically been denied freedom of speech in a number of countries. This poster promotes Eugene V. Debs' (left) 1912 bid for President of the United States. In 1920 Debs ran again but while incarcerated for speaking out against American involvement in World War I.
Socialists have historically been denied freedom of speech in a number of countries. Socialism refers to a broad set of economic theories of social organization advocating state or collective ownership and administration of the Means of production and distribution This poster promotes Eugene V. Debs' (left) 1912 bid for President of the United States. Eugene Victor Debs (November 5 1855 &ndash October 20 1926 was an American union leader one of the founding members of the International Labor Union and the Industrial The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by In 1920 Debs ran again but while incarcerated for speaking out against American involvement in World War I. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All

Ever since the first consideration of the idea of 'free speech' it has been argued that the right to free speech is subject to restrictions and exceptions. A well-known example is typified by the statement that free speech does not allow falsely "shouting fire in a crowded theatre" (Schenck v. United States - a case relating to the distribution of anti-draft fliers during the World War I). "Shouting fire in a crowded theater" is a frequent paraphrasing of a quote from Oliver Wendell Holmes Jr Schenck v United States,, was a United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All Other limiting doctrines, including those of libel and obscenity, can also restrict freedom of speech. The case Brandenburg v. Ohio found that the US government could restrict free speech only if it was "likely to incite imminent lawless action". Brandenburg v Ohio,, was a United States Supreme Court case based on the First Amendment to the U To the extent speech may be regulated, it ordinarily must be regulated in a viewpoint-neutral manner. In the United States, when a government proscribes certain speech based on the content, the regulation is presumptively unconstitutional. [2]

Various governing, controlling, or otherwise powerful bodies in many places around the world, have attempted to change the opinion of the public or others by taking action that allegedly disadvantages one side of the argument. This attempt to assert some form of control through control of discourse has a long history and has been theorized extensively by philosophers like Michel Foucault. Discourse (L discursus, "running to and from" means either "written or spoken communication or debate" or "a formal discussion Michel Foucault ( (15 October 1926 – 25 June 1984 was a French philosopher, Historian, Intellectual, Critic and Sociologist. Many consider these attempts at controlling debate to be attacks on free speech, even if no direct government censorship of ideas is involved.

Restrictions on speech that are sometimes characterized as assaults on freedom of speech include the following:

Specific recent examples that may involve freedom of speech include:

If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor. (Code 1950, § 18. 1-255; 1960, c. 358; 1975, cc. 14, 15. )

There is often a fine line defining what speech may or may not be censored. Members of Westboro Baptist Church frequently challenge this line and have been specifically banned from entering Canada for hate speech.
There is often a fine line defining what speech may or may not be censored. Members of Westboro Baptist Church frequently challenge this line and have been specifically banned from entering Canada for hate speech. The Westboro Baptist Church (WBC is a church headed by Fred Phelps and based in Topeka Kansas, United States. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Hate speech is a term for speech intended to degrade intimidate or incite violence or prejudicial action against a person or group of people based on their race, Gender

The Internet

The development of the Internet opened new possibilities for achieving freedom of speech using methods that do not depend on legal measures. The Internet is a global system of interconnected Computer networks Pseudonymity and data havens (such as Freenet) allow free speech, as the technology guarantees that material cannot be removed (censored). Pseudonymity is a word derived from Pseudonym, meaning 'false name' and describes a state of disguised identity resulting from the use of a pseudonym (also called nym A data haven is a Computer or a network that holds Data protected from government action by both technical means ( Encryption) and location in Freenet is a decentralized Censorship -resistant Distributed data store originally designed by Ian Clarke. A gripe site is one of the latest forms of exercising free speech on the Internet. A gripe site is a type of Website devoted to the Critique and or mockery of a Person, Place, Politician, Corporation or

Web sites which fall foul of government censors in other countries are often re-hosted on a server in a country with no such restrictions. Given that the United States has in many respects the least restrictive governmental policies in the world on freedom of speech, many of these websites re-host their content on an American server and thus escape censorship while remaining available to their target audience. This is especially the case with neo-nazi and other sites promoting racial hatred, since these are prohibited in a number of European countries. The term neo-Nazism refers to post- World War II Political movements Social movements and ideologies seeking to revive Nazism, It should be mentioned, however, that the US Government has attempted to regulate certain acts and speech on the Internet (US v. Baker). United States v Baker was a case brought against University of Michigan undergraduate Jake Baker related to several incidents regarding snuff stories

The Electronic Frontier Foundation (EFF) is an organization dedicated to protecting freedom of speech on the Internet. The Electronic Frontier Foundation ( EFF) is an international non-profit advocacy and legal organization based in the United States with the stated purpose of being dedicated The Open Net Initiative (ONI) is a collaboration between the Citizen Lab at the Munk Centre for International Studies, University of Toronto, Berkman Center for Internet & Society at Harvard Law School, the Advanced Network Research Group at the Cambridge Security Programme, University of Cambridge, and the Oxford Internet Institute, at Oxford University which aims to investigate, expose, and analyze Internet filtering and surveillance practices in a credible and non-partisan fashion. The OpenNet Initiative is a joint project whose goal is to monitor and report on internet filtering and surveillance practices by nations The Citizen Lab (founded 2001) is an interdisciplinary research and development lab located at the Munk Centre for International Studies at the University of Toronto The Munk Centre for International Studies at Trinity College in the University of Toronto is a recognized leader in interdisciplinary academic research on global This article is about the University of Toronto's St George Campus The Berkman Center for Internet and Society is a research center founded at Harvard Law School that focuses on the legal study of Cyberspace. Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. The University of Cambridge (often Cambridge University) located in Cambridge, England, is the second-oldest university in the The Oxford Internet Institute ( OII) is a multi-disciplinary institute based at the University of Oxford, England, and housed in Balliol College Oxford The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the

Many countries utilize filtering software sold by US companies. [11]

The Chinese government has developed some of the most sophisticated forms of internet censorship in order to control or eliminate access to information on sensitive topics such as the Tiananmen Square protests of 1989, Falun Gong, Tibet, Taiwan, pornography or democracy. Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES The Tiananmen Square protests of 1989 culminating in the Tiananmen Square Massacre (referred to in Chinese as the June Fourth Incident, to avoid confusion with two Falun Gong ( or Falun Dafa is a spiritual practice founded in China by Li Hongzhi (李洪志) in 1992 Definitions of Tibet See also Definitions of Tibet Name In English The English word Tibet, like the word for Tibet in most European Taiwan ( Taiwanese: Tâi-oân/Tāi-oân (historically 大灣/台員/大員/台圓/大圓/台窩灣 is an Island in East Asia. Pornography or porn is the explicit depiction of Sexual subject matter with the sole intention of sexually exciting the viewer Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system They have also enlisted the help of some American companies like Microsoft, who have subsequently been criticized by proponents of freedom of speech. Microsoft Corporation is an American multinational Computer technology Corporation, which rose to dominate the Home computer [12]

See also

Research Resources

References

  1. ^ A Decade of Measuring the Quality of Governance
  2. ^  R.A.V v. City of St. Paul, 505 U.S. 377, 382-84 (1992)
  3. ^  Slate Explainer
  4. ^  BBC
  5. ^  Repubblica
  6. ^  NYT
  7. ^  Congressional Testimony: “The Internet in China: A Tool for Freedom or Suppression?”. Censorship is the suppression of speech or deletion of communicative material which may be considered objectionable harmful or sensitive as determined by a censor Clear and present danger is a term used by Justice Oliver Wendell Holmes Jr Copyleft is a play on the word Copyright and describes the practice of using copyright law to remove restrictions on distributing copies and modified versions Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for Fighting words are written or spoken words generally expressed to incite hatred or violence and to place the targets of the words in danger of harm A fleeting expletive is a verbal Profanity or visual Indecency or Obscenity (i _____ __ / ___/ / /_ ____ ____ \__ \ / __/ / __ \ / __ \ ___/ / / /_ Freedom of information (or information freedom) may refer to the accessibility of government-held information ( Freedom of information legislation Freedom Constitutional or statutory protections pertaining to freedom of the press A gripe site is a type of Website devoted to the Critique and or mockery of a Person, Place, Politician, Corporation or A heckler's veto occurs when an acting party's right to Freedom of speech is curtailed or restricted by the government in order to prevent a reacting party's Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v Media Transparency is the concept of determining how and why Information is conveyed through various means The office of the Special Rapporteur on Freedom of Expression of the Organization of American States (OAS was established by the Inter-American Commission on Human Rights In the classic discipline of Rhetoric, parrhesia is a figure of speech described as to speak candidly or to ask forgiveness for so speaking. Based on a long-standing research program of the World Bank, the Kaufmann -Kraay-Mastruzzi Worldwide Governance Indicators capture six key dimensions The International Freedom of Expression Exchange ( IFEX) founded in 1992 is a global network of 81 non-governmental organisations that promotes and defends the right Microsoft. com. Retrieved on 2007-08-18. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 293 BC - The oldest known Roman temple to Venus is founded starting the institution of Vinalia Rustica.

External links

Dictionary

freedom of speech

-noun

  1. The right to speak, or otherwise communicate, one's opinion without fear of harm or prosecution.
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