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 by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
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 (ordre public), or of public health or morals". (Full article...)
Beyond the First Amendment: The Politics of Free Speech and Pluralism is a book about freedom of speech and the First Amendment to the United States Constitution, written by author Samuel Peter Nelson. It was published by Johns Hopkins University Press in 2005. In the book, Nelson discusses how the more general notion of free speech differs from that specifically applied to the First Amendment in American law. He proposes an argument for a "pluralist framework" of free speech, in order to incorporate multiple factors which drive communication. The book was positively received in reviews from academic and legal journals. Choice: Current Reviews for Academic Libraries recommended the book due to its thought-provoking propositions, and a review in The Journal of Politics described it as, "a nice effort to explore free speech issues not covered by the First Amendment or constitutional law." A review in the journal Political Communication concluded of the author's argumentation, "His is indeed a theory fraught with possibilities both favorable and unfavorable to an expanded scope for the contents of free speech." Law and Politics Book Review concluded, "Beyond the First Amendment is an intriguing and important contribution to the literature on free speech."
Image 6Eleanor Roosevelt and the Universal Declaration of Human Rights (1948)—Article 19 states that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." (from Freedom of speech)
Image 19Orthodox priest Libor Halík with a group of followers. Halík has been chanting daily for over five years against abortion via megaphone in front of a maternity hospital in Brno, Moravia. (from Freedom of speech by country)
Image 24George Orwell statue at the headquarters of the BBC. A defence of free speech in an open society, the wall behind the statue is inscribed with the words "If liberty means anything at all, it means the right to tell people what they do not want to hear", words from George Orwell's proposed preface to Animal Farm (1945). (from Freedom of speech)
Learned Hand (1872–1961) was an influential United Statesjudge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later on the United States Court of Appeals for the Second Circuit. Hand has reportedly been quoted more often than any other lower-court judge by legal scholars and by the Supreme Court of the United States. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a short career as a lawyer in Albany and New York City, he was appointed as a Federal District Judge in Manhattan in 1909 at the age of 37. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. He ran unsuccessfully as the Progressive Party's candidate for Chief Judge of the New York Court of Appeals in 1913, but withdrew from active politics shortly afterwards. In 1924, President Calvin Coolidge promoted Hand to the Court of Appeals for the Second Circuit, which he went on to lead as the Senior Circuit Judge (later retitled Chief Judge) from 1939 until his semi-retirement in 1951. Friends and admirers often lobbied for Hand's promotion to the Supreme Court, but circumstances and his political past conspired against his appointment. Hand possessed a gift for language, and his writings are admired as legal literature.
Among the principles in place that have seemed to work for us are individual freedom of expression (especially for those whose expression offends us) and a strong individual guarantee of privacy in our First Amendment-protected communications.
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