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Freedom of speech
- 1. FREEDOM OF SPEECH As stated in the Bill of Rights By Julia Nykänen 18 November 2011
- 2. In this presentation.. . What does it mean? History & development Television Newspapers & magazines Internet
- 3. What does it mean? “ Freedom of speech ” is understood as: the right to express information & ideas the right to seek information & ideas the right to receive information & ideas the right to impart information & ideas It also includes:" the right NOT to speak the right to use some offensive language when conveying political messages the right to participate in “symbolic speech” which can include burning a flag in protest etc. the right to contribute money to political campaigns
- 4. “ Everyone hasthe right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers ” - Article 19 of the UDHR
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- 6. 470—399 B.C. Socrates trial 1516 The Educa=on of a Chris=an Prince by Erasmus. 'In a free state, tongues too should be free 1644 'Areopagi=ca', a pamphlet by the poet John Milton, argues against restric=ons of freedom of the press 1689 Bill of Rights grants 'freedom of speech in Parliament' aNer James II is overthrown and William and Mary installed as co-‐rulers. 1789 'The Declara=on of the Rights of Man', a fundamental document of the French Revolu=on 1791 The First Amendment of the US Bill of Rights gives four freedoms: religion, speech, press & right to assemble 1948 The Universal Declara=on of Human Rights is adopted by the UN General Assembly 2005 The Serious Organised Crime and Police Act bans protest without permit within 1km of the Bri=sh Parliament.
- 7. Television All broadcast media is very Mature rated programs not powerful – needs regula8ons allowed during day8me Government granted license to Government cannot limit broadcast expression just because any listener, or even the majority of a Broadcas8ng through TV – more community, is offended by its of a privilege content License renewed OR not Restric8ons only if it clearly causes direct and imminent harm to an important societal interest
- 8. Newspapers & Magazines “A newspaper publishes an ar8cle favoring issue x. Censorship? Following this, supporters of the opposite, issue y, demand that the newspaper publishes an ar8cle opposing issue x. The newspaper refuses.” Freedom of press Right to publish newspapers, magazines etc Government supposed to protect private en88es’ right to freedom of expression Viola8on of First Amendment only if a law or governmental ac8on is involved Restric8ons in cases of: • libel • obscenity • sedi8on
- 9. World Wide Web The Internet is the largest common area in The world – very hard to restrict ! Government controlled companies who build “Internet plaUorms” try to imply regula8ons “In Cyberspace, the First Amendment is a local ordinance” – John Barlow Google Wikileaks Internet’s structure is robust – impossible to completely block everything Private users can block access to info through firewalls State owned property (not public forums) can be restricted by the government
- 10. On the Internetthe government may prohibit following exceptions: Speech that is likely to lead to imminent lawless ac8on Words so insul8ng that people are likely to fight back Obscenity Child pornography Defamatory (false) statements Commercials – misleading or illegal
- 11. S O UR C E S h[p://cyber.law.harvard.edu/ilaw/Speech/ h[p://www.livinginternet.com/i/ip_speech.htm h[p://ifea.net/ h[p://www.state.gov/secretary/rm/2011/02/156619.htm h[p://cornellsun.com/node/36482 h[p://dic8onary.reference.com/browse/freedom+of+the+press h[p://www.freedomhouse.org/template.cfm?page=16 h[p://www.fff.org/freedom/fd0407a.asp h[p://www.aclu.org/free-‐speech/freedom-‐expression-‐arts-‐and -‐entertainment h[p://www.caslon.com.au/censorshipguide21.htm