Free speech

Extracted Attributes

• Definition

  A principle supporting the freedom of an individual or community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.

• Limitations

  Not absolute; subject to restrictions for respect of the rights or reputation of others, protection of national security, public order, public health, or morals.

• Broader Term

  Freedom of expression, which encompasses the right to seek, receive, and impart information or ideas, regardless of the medium used.

• Pioneering Culture

  Ancient Greeks, with the concept of 'parrhesia' (free speech) around the end of the fifth century B.C.

• Common Restrictions

  Libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, right to privacy, dignity, right to be forgotten, public security, blasphemy, perjury.

• Digital Age Restrictions

  Internet censorship and content moderation by social media platforms.

• Constitutional Protection

  Protected by constitutional laws in many countries, including the First Amendment in the U.S.

• International Recognition

  Recognized as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law.

• Justification for Limitations (Harm Principle)

  Proposed by John Stuart Mill, suggesting power can be exercised over a community member against their will only to prevent harm to others.

• Justification for Limitations (Offense Principle)

  Restriction on forms of expression deemed offensive to society, considering factors like extent, duration, motives of the speaker, and ease of avoidance.

Timeline

• The ancient Greeks pioneered free speech as a democratic principle, with the term 'parrhesia' appearing around the end of the fifth century B.C. (Source: Web Search)

  0400 BC

• The First Amendment, protecting freedom of speech in the U.S., was adopted as part of the Bill of Rights. (Source: Web Search)

  1791-12-15

• In West Virginia Board of Education v. Barnette, the U.S. Supreme Court affirmed the right not to speak (e.g., not to salute the flag). (Source: Web Search)

  1943-06-14

• The Universal Declaration of Human Rights (UDHR) was adopted, recognizing freedom of expression as a human right. (Source: Wikipedia)

  1948-12-10

• The International Covenant on Civil and Political Rights (ICCPR) was adopted, including Article 19 on freedom of expression. (Source: Wikipedia)

  1966-12-16

• In Tinker v. Des Moines, the U.S. Supreme Court ruled that students do not shed their constitutional rights at the schoolhouse gate, affirming their right to symbolic speech (e.g., wearing armbands to protest a war). (Source: Web Search)

  1969-02-24

• In Cohen v. California, the U.S. Supreme Court protected the right to use certain offensive words and phrases to convey political messages. (Source: Web Search)

  1971-06-01

• In Buckley v. Valeo, the U.S. Supreme Court affirmed the right to contribute money (under certain circumstances) to political campaigns as a form of speech. (Source: Web Search)

  1976-02-17

• In Virginia Board of Pharmacy v. Virginia Consumer Council, the U.S. Supreme Court protected the right to advertise commercial products. (Source: Web Search)

  1976-05-24

• In Bates v. State Bar of Arizona, the U.S. Supreme Court protected the right to advertise professional services. (Source: Web Search)

  1977-06-27

• Mark Cuban discusses free speech and cancel culture on the All-In Podcast in the context of the 2024 US Presidential Election. (Source: Related Documents)

  2024

Freedom of speech

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 (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart 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 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 public order (ordre public), or of public health or morals". Therefore, freedom of speech and expression may not be recognized as absolute. Common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, blasphemy and perjury. Justifications for such include the harm principle, proposed by John Stuart Mill in On Liberty, which suggests that "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others". The "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided. With the evolution of the digital age, new means of communication emerged. However, these means are also subject to new restrictions. Countries or organizations may use internet censorship to block undesirable or illegal material. Social media platforms frequently use content moderation to filter or remove user-generated content that is deemed against the terms of service, even if that content is not illegal.

Web Search Results

• Freedom of speech - Wikipedia

  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. Terms like _free speech_, _freedom of speech,_ and _freedom of expression_ are used [...] Today, freedom of speech, or the freedom of expression, is recognised in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights.( Based on John Milton's arguments, freedom of speech is understood as a multi-faceted right that includes [...] 1. the right to seek information and ideas; 2. the right to receive information and ideas; 3. the right to impart information and ideas International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms. This means that the protection of freedom of speech as a right includes the content and the means of expression.(

• Free Speech Definitions fs - CSUSM

  Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. The term “speech” constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and more. In the United States, freedom of speech is strongly protected by the First Amendment of the U.S. Constitution, as well as many state and federal laws. The United [...] States’ free speech protections are among the strongest of any democracy; the First Amendment protects even speech that many would seen as offensive, hateful or harassing. [...] ## What types of speech are not protected? The Constitution guarantees freedom of speech by default, placing the burden on the state to demonstrate whether there are any circumstances that justify its limitation. The relevant exceptions to the First Amendment that have been established are:

• Freedom of Speech - Origins, First Amendment & Limits - History.com

  Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech are—and aren’t—protected under U.S. law. [...] The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word “parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek literature around the end of the fifth century B.C. During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings. [...] ### Freedom of Speech What is free speech? How does the freedom of speech factor in to the U.S. Constitution? What are limitations and protections of free speech in the U.S.? Image 2 Flag Burning ------------ While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.

• Frequently Asked Questions - Free Speech - Iowa State University

  Iowa State University # Frequently Asked Questions Freedom of speech is the right to articulate opinions and ideas without interference, retaliation or punishment from the government. The term “speech” is interpreted broadly and includes spoken and written words as well as symbolic speech (e.g., what a person wears, reads, performs, protests, and more). [...] The First Amendment to the U.S. Constitution protects the freedom of speech, religion and the press. It also protects the freedom to peacefully assemble or gather together or associate with a group of people for social, economic, political or religious purposes, as well as the right to protest the government. The amendment was adopted in 1791 along with nine other amendments that make up the Bill of Rights – a written document protecting civil liberties under U.S. law. [...] are not permitted to censor content, nor can they punish someone who posts an offensive message. Free speech exists even online. However, it is important to note that in general, websites like Twitter, Facebook, Reddit, and others may make banning decisions based on individually posted content that are in the best interest of their company, or due to general disagreements with the political bent of the posters.

• What Does Free Speech Mean? - United States Courts

  Freedom of speech includes the right: ------------------------------------- Not to speak (specifically, the right not to salute the flag). _West Virginia Board of Education v. Barnette_, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). _Tinker v. Des Moines_, 393 U.S. 503 (1969). To use certain offensive words and phrases to convey political messages. [...] Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not. The First Amendment states, in relevant part, that: “Congress shall make no law...abridging freedom of speech.” [...] _Cohen v. California_, 403 U.S. 15 (1971). To contribute money (under certain circumstances) to political campaigns. _Buckley v. Valeo_, 424 U.S. 1 (1976). To advertise commercial products and professional services (with some restrictions). _Virginia Board of Pharmacy v. Virginia Consumer Council_, 425 U.S. 748 (1976);_Bates v. State Bar of Arizona_, 433 U.S. 350 (1977). To engage in symbolic speech, (e.g., burning the flag in protest).