Eleanor Finch
Freedom of speech is a principle that supports the freedom 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. Many countries have constitutional law that protects free speech. In this answer, I will explore the principle of constitutionalism that protects freedom of speech.
| Characteristics | Values |
|---|---|
| Freedom of speech is a principle that supports the freedom 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 | Many countries have constitutional law that protects free speech |
| The First Amendment protects freedom of speech | The U.S. Supreme Court often struggles to determine what exactly constitutes protected speech |
| 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 codes at state-operated schools |
| 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 |
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What You'll Learn
- The right to freedom of expression is a human right recognised in the Universal Declaration of Human Rights and international human rights law
- The First Amendment protects freedom of speech in the US
- In France, blasphemy and disparagement of Muhammad are protected under free speech law
- In the US, Brandenburg v. Ohio (1969) expressly overruled Whitney v. California, allowing the right to speak openly of violent action and revolution
- England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect
The right to freedom of expression is a human right recognised in the Universal Declaration of Human Rights and international human rights law
Freedom of speech is a principle that supports the freedom 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 is recognised as a human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech.
The right to freedom of expression is a fundamental human right that is essential for a democratic society. It allows individuals to express themselves freely and to participate fully in public life. It also enables the free flow of information and ideas, which is crucial for a well-informed and engaged citizenry.
The protection of freedom of expression is not absolute, however. In some cases, restrictions on freedom of expression may be justified, for example, to protect national security, public order, or the rights and reputations of others. However, any such restrictions must be provided by law and be necessary and proportionate to the aim pursued.
The right to freedom of expression has a long history, dating back to ancient Athenian democracy in the late 6th or early 5th century BC. It was later vindicated by figures such as Erasmus and Milton, and established as a constitutional right in England's Bill of Rights of 1689. In the United States, the First Amendment to the Constitution protects freedom of speech, and the Supreme Court has issued landmark opinions on the matter, such as Brandenburg v. Ohio (1969).
Overall, the right to freedom of expression is a fundamental human right that is essential for individual liberty and democratic participation. It is protected by constitutional law in many countries and recognised in international human rights law. While some restrictions may be justified in certain cases, freedom of expression remains a cornerstone of free and open societies.
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The First Amendment protects freedom of speech in the US
Freedom of speech is a principle that supports the freedom 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. Many countries have constitutional law that protects free speech. In the US, the First Amendment protects freedom of speech. The U.S. Supreme Court has often struggled to determine what exactly constitutes protected speech. The First Amendment states that: "Congress shall make no law...abridging freedom of speech".
In the US, the standing landmark opinion on political speech is Brandenburg v. Ohio (1969), expressly overruling Whitney v. California. In Brandenburg, the U.S. Supreme Court referred to the right even to speak openly of violent action and revolution in broad terms. The Court stated that the constitutional guarantees of free speech and a free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action.
In West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943), the Court decided that students have the right not to salute the flag. The Court also decided that students do not shed their constitutional rights at the schoolhouse gate, meaning that they have the right to wear black armbands to school to protest a war.
In England, the Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect. This so-called parliamentary privilege includes no possible defamation claims meaning Parliamentarians are free to speak up in the House without fear of legal action.
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In France, blasphemy and disparagement of Muhammad are protected under free speech law
Freedom of speech is a principle that supports the freedom 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. Many countries have constitutional law that protects free speech.
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, and was claimed as "an ancient custom of Parliament" by Edward Coke in the 1590s. England's Bill of Rights of 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect.
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In the US, Brandenburg v. Ohio (1969) expressly overruled Whitney v. California, allowing the right to speak openly of violent action and revolution
Freedom of speech is a principle that supports the freedom 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. Many countries have constitutional law that protects free speech. In the US, the First Amendment protects freedom of speech. The US Supreme Court has often struggled to determine what exactly constitutes protected speech.
In Brandenburg v. Ohio (1969), the US Supreme Court expressly overruled Whitney v. California, allowing the right to speak openly of violent action and revolution. The Court referred to the right in broad terms, stating that:
> [Our] decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action.
This means that the Court recognised the right to advocate for the use of force or violation of the law, as long as it does not incite or cause imminent lawless action. This decision overruled the previous ruling in Whitney v. California, which had restricted the right to speak openly of violent action and revolution.
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England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect
Freedom of speech is a principle that supports the freedom 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. Many countries have constitutional law that protects free speech.
England's Bill of Rights of 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect. This so-called parliamentary privilege includes no possible defamation claims, meaning Parliamentarians are free to speak up in the House without fear of legal action.
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. Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in the 1590s, and it was affirmed in the Protestation of 1621.
In the US, the First Amendment protects freedom of speech. The US Supreme Court has often struggled to determine what exactly constitutes protected speech. In Brandenburg v. Ohio (1969), the US Supreme Court referred to the right to speak openly of violent action and revolution in broad terms.
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Frequently asked questions
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.
Many countries have constitutional law that protects free speech. In the US, the First Amendment protects freedom of speech. The U.S. Supreme Court has struggled to determine what exactly constitutes protected speech.
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. Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in the 1590s, and it was affirmed in the Protestation of 1621.
In France, blasphemy and disparagement of Muhammad are protected under free speech law. In the US, the landmark opinion on political speech is Brandenburg v. Ohio (1969), which expressly overruled Whitney v. California. The U.S. Supreme Court referred to the right to speak openly of violent action and revolution.
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