Eleanor 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."
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...)
R v Baillie, also known as the Greenwich Hospital Case, was a 1778 prosecution of Thomas Baillie for criminal libel. The case initiated the legal career of Thomas Erskine. Baillie, the Lieutenant-Governor of the Greenwich Hospital for Seamen, a facility for injured or pensioned off seamen, had noted irregularities and corruption in the hospital, which was formally run by the Earl of Sandwich. After his official reporting of the problems failed to bring about reform in the hospital, Baillie published a pamphlet that was critical of the hospital's officers, alleging that Sandwich had given appointments to pay off political debts; Sandwich ignored the pamphlet but ensured that Baillie was indicted for criminal libel. Baillie hired five barristers, including Erskine, then newly called to the Bar, and appeared before Lord Mansfield in the Court of King's Bench on 23 November 1778. After four of the barristers had spoken, Mansfield announced that the court session would resume the next morning rather than continue into the night, which gave Erskine the time he needed to present a full speech rather than a brief comment. In it he accused Sandwich of cowardice and of orchestrating the attack on Baillie, arguing that Baillie was merely doing his duty by attempting to bring the problems with the hospital into the public eye, and was therefore not acting in bad faith. If the issues with the hospital were not acknowledged, Erskine claimed, the Royal Navy would be "crippled by abuses", with seamen no longer willing to risk their lives for a fleet that would fail to treat them well in their retirement. Erskine was successful in having Baillie found not guilty, and after leaving the court was met with a standing ovation; Emory Speer writes that "It is probably true that never did a single speech so completely ensure professional success".
Image 3Orthodox 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 13George 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)
Image 26Eleanor 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)
Antonin Scalia (1936 - 2016) was an American jurist who served as an Associate Justice of the Supreme Court of the United States. He was the second most senior Associate Justice, following Justice John Paul Stevens. In 1982, he was appointed as a judge of the United States Court of Appeals for the District of Columbia Circuit by PresidentRonald Reagan. In 1986, Judge Scalia was appointed by Reagan to the Supreme Court to fill the seat as associate justice vacated when Justice William Rehnquist was elevated to Chief Justice. While Rehnquist's confirmation was contentious, Scalia was asked few difficult questions by the Senate Judiciary Committee, and faced no opposition. Scalia was unanimously confirmed by the Senate, and took the bench on September 26, 1986. In his near quarter-century on the Court, Justice Scalia staked out a conservative ideology in his opinions, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He was a strong defender of the powers of the executive branch, believing presidential power should be paramount in many areas. He opposed affirmative action and other policies that treat minorities as groups. He filed separate opinions in large numbers of cases, and, in his minority opinions, often castigated the Court's majority in scathing language. (more...)
“
The general rule of law is, that the noblest of human productions — knowledge, truths ascertained, conceptions and ideas — become, after voluntary communication to others, free as the air to common use.
”
— Louis Brandeis, (International News Service v. Associated Press, 1918)
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