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Encyclopedia > Free expression
The article related to this talk page is geographically limited: the general perspective and/or specific examples represent a limited number of countries. If you can give a more global perspective to this article then please consider editing (http://en.wikipedia.org/w/index.php?title=Freedom_of_speech&action=edit) it and sharing your knowledge. Please see the countering systemic bias project page for more general information.

Freedom of speech is the liberty to freely say what one pleases, as well as the related liberty to hear what others have stated. Recently, it has been commonly understood as encompassing all types of expression, including the freedom to create and distribute movies, pictures, songs, dances, and all other forms of expressive communication. Communication is the process of exchanging information usually via a common system of symbols. ...


Freedom of speech is often regarded as an integral concept in modern liberal democracies, where it is understood to outlaw government censorship. Free speech is nowadays also protected by international human rights law, notably under Article 19 of the Universal Declaration of Human Rights, although implementation remains lacking in many countries. Liberal democracy is a form of representative democracy where elected representatives that hold the decision power are moderated by a constitution that emphasizes protecting individual liberties and the rights of minorities in society, such as freedom of speech and assembly, freedom of religion, the right to private property and privacy... A government is an organization that has the power to make and enforce laws for a certain territory. ... Censorship is the systematic use of group power to broadly control freedom of speech and expression, largely in regard to secretive matters. ... The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948), outlining basic human rights. ...


The right to freedom of expression is not considered unlimited; States may still punish (but not prohibit) certain damaging types of expressions. Under international law, restrictions on free speech are required to comport with a strict three part test: they must be provided by law; pursue an aim recognized as legitimate; and they must be necessary (i.e., proportionate) for the accomplishment of that aim. Amongst the aims considered legitimate are protection of the rights and reputations of others (prevention of defamation), and the protection of national security and public order, health and morals. In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ...


The philosopher Alexis de Tocqueville observed that people may be hesitant to speak freely not because of fear of government retribution but because of social pressures. When an individual announces an unpopular opinion, he or she may face the disdain of their community or even be subjected to violent reactions. While this type of suppression of speech is even more difficult to prevent than government suppression, there are questions about whether it truly falls within the ambit of freedom of speech, which is typically regarded as a civil liberty, or freedom from government action. For other uses, see Tocqueville (disambiguation) Alexis de Tocqueville (July 29, 1805 – April 16, 1859) was a French political thinker and historian. ... Civil liberties are protections from the power of governments. ...

Contents

Theories of free speech

Self-governance

One theory is that freedom of speech is crucial in any democracy, because open discussions of candidates are essential for voters to make informed decisions during elections. It is through speech that people can influence their government's choice of policies. Also, public officials are held accountable through criticisms that can pave the way for their replacement. The US Supreme Court has spoken of the ability to criticize government and government officials as "the central meaning of the First Amendment." New York Times v. Sullivan. But "guarantees for speech and press are not the preserve of political expression or comment upon public affairs, essential as those are to healthy government." Time, Inc. v. Hill The United States of America — also referred to as the United States, the U.S.A., the U.S., America, the States, or (archaically) Columbia—is a federal republic of 50 states located primarily in central North America (with the exception of two states: Alaska and Hawaii). ... Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ...


Some suggest that when citizens refrain from voicing their discontent because they fear retribution, the government can no longer be responsive to them, thus it is less accountable for its actions. Defenders of free speech often allege that this is the main reason why governments suppress free speech--to avoid accountability.


Alternatively, it may be argued that some restrictions on freedom of speech may be compatible with democracy or necessary to protect it. For example, such arguments are used to justify restrictions on support of Nazi ideas in post-war Germany. The Nazi party used a right-facing swastika as their symbol and the red and black colors were said to represent Blut und Boden (blood and soil). ... The Federal Republic of Germany (German: Bundesrepublik Deutschland) is one of the worlds leading industrialised countries, located in the heart of Europe. ...


Discovering truth

A classic argument for protecting freedom of speech as a fundamental right is that it is essential for the discovery of truth. Justice Oliver Wendell Holmes wrote that "the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out." Abrams v. United States Justice Holmes also invoked the powerful metaphor of the "marketplace of ideas." Oliver Wendell Holmes was the name of two prominent men, father and son: Oliver Wendell Holmes, Sr. ... Holding Defendants criticism of U.S. involvement in World War I was not protected by the First Amendment, because they advocated a strike in munitions production and the violent overthrow of the government. ... Rationale for freedom of expression based on an analogy of communication to goods in the economic marketplace. ...


This marketplace of ideas rationale for freedom of speech has been criticized by scholars on the grounds that it is wrong to assume all ideas will enter the marketplace of ideas, and even if they do, some ideas may drown out others merely because they enjoy dissemination through superior resources.


The marketplace is also criticized for its assumption that truth will necessarily triumph over falsehood. We can see throughout history that people may be swayed by emotion rather than reason, and even if truth ultimately prevails, enormous harm can occur in the interim. However, even if these weaknesses of the marketplace of ideas are acknowledged, supporters argue that the alternative of government determination of truth and censorship of falsehoods is worse.


For more discussion of the reasons behind ideas becoming accepted as truth see meme theory. Meme, (rhymes with cream and comes from Greek root with the meaning of memory and its derivative mimeme), is the term given to a unit of information that replicates from brains and inanimate stores of information, such as books and computers, to other brains or stores of information. ...


Advancing autonomy

Another rationale is that it is an essential aspect of personhood and autonomy. Professor Baker said that "to engage voluntarily in a speech act is to engage in self-definition or expression. A Vietnam war protester may explain that when she chants 'Stop This War Now' at a demonstration, she does so without any expectation that her speech will affect continuance of the war ... rather, she participates and chants in order to define herself publicly in opposition to the war. This war protester provides a dramatic illustration of the importance of this self-expressive use of speech, independent of any effective communication to others, for self-fulfillment or self-realization." This view suggests a rationale for the protection of acts of expression that are not obviously political or vital to self-government, such as abstract art, music, or dance.


Protecting speech because it aids the political process or furthers the search for truth emphasizes the instrumental values of expression. Justice Thurgood Marshall wrote that "the First Amendment serves not only the needs of the polity but also those of the human spirit -- a spirit that demands self-expression." (Procunier v. Martinez, 416 U.S. 396, 1974).


Critics of this view argue that there is no inherent reason to find speech to be a fundamental right compared with countless other activities that might be regarded as a part of autonomy or that could advance self-fulfillment.


Promoting tolerance

Another explanation is that it is integral to tolerance, which should be a basic value in our society. Professor Lee Bollinger is an advocate of this view and argues that "the free speech principle involves a special act of carving out one area of social interaction for extraordinary self-restraint, the purpose of which is to develop and demonstrate a social capacity to control feelings evoked by a host of social encounters." The free speech principle is left with the concern of nothing less than helping to shape "the intellectual character of the society." Lee Bollinger is the 19th and current president of Columbia University. ...


This claim is to say that tolerance is a desirable, if not essential, value, and that protecting unpopular speech is itself an act of tolerance. Such tolerance serves as a model that encourages more tolerance throughout society. Critics argue that society need not be tolerant of the intolerance of others, such as those who advocate great harm, even genocide. Preventing such harms is claimed to be much more important than being tolerant of those who argue for them.


Free speech internationally

Western democracies

In democratic countries, freedom of speech is taken for granted, though the exact degree of freedom varies between countries and jurisdictions. This freedom generally includes:

  • the right to criticize the political system and political leaders, even those in power;
  • the right to criticize public and corporate policies;
  • the right to criticize religious and political ideas.

Still, in no country is freedom of speech absolute. Limits include, for instance, the prohibition of libel and slander (or defamation) – that is, publishing or saying things that are detrimental to one person in an "unfair" way, though, again, the exact limits of what is prosecutable vary. Some democratic countries banish so-called "hate speech" – speech that is intended to stir up aggression against certain groups for religious, racial, etc. reasons. In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... Hate speech - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ...


United States

Main article: Freedom of speech in the United States Freedom of speech in United States is generally protected by the First Amendment to the United States Constitution. ...


In the United States freedom of expression is protected by the First Amendment to the United States Constitution. There are many exceptions to this general rule, including copyright protection, the Miller test for obscenity and greater regulation of so-called commercial speech, such as advertising. The Miller test in particular rarely comes into effect. The United States of America — also referred to as the United States, the U.S.A., the U.S., America, the States, or (archaically) Columbia—is a federal republic of 50 states located primarily in central North America (with the exception of two states: Alaska and Hawaii). ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Constitution of the United States is the supreme law of the United States of America and is... The copyright symbol is used to give notice that a work is covered by copyright. ... The Miller test is the United States Supreme Courts test for determining whether speech or expression can be labelled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. ... Obscenity has several connotations. ... Generally speaking, advertising is the paid promotion of goods, services, companies and ideas by an identified sponsor. ...


The principle of freedom of speech promotes dialogues on public issues, but it is most relevant to speech which is unpopular at the time it is made. As a Pennsylvania state legislator, Rep. Mark B. Cohen of Philadelphia, once argued in a legislative debate, "Freedom of speech which is limited to freedom to say whatever a majority of the Pennsylvania legislature agrees with is not real freedom of speech".


Generally, the U.S. has a liberal policy on freedom of expression, with no formal government censorship of the news media (with the exception of radio or television) or creative arts. When expressive content is held to lie beyond the protection of the First Amendment, the finding is usually made by a court during a prosecution after the content is published or publicly exhibited. It might be argued that nevertheless the threat of post-facto punishment is sufficient to prevent certain types of speech from being uttered (or specifically, broadcast) in the first place. Censorship is the systematic use of group power to broadly control freedom of speech and expression, largely in regard to secretive matters. ...


Many Americans deeply cherish their right of free speech and take it for granted. However, this attitude is not universal. A 2004 survey conducted by the University of Connecticut questioned 112,003 U.S. high school students and found the following:

  • 36% believe newspapers should be required to seek government approval of each story before publishing it;
  • 32% believe the press has "too much freedom"
  • 74% believe it should be illegal to burn or deface the U.S flag.

Some Americans grossly overestimate the degree of censorship which occurs in other First World countries, and believe that completely free speech exists – and only exists – in the USA. This is not the case. The U.S. Government directly controls speech in a number of areas, most notably in the case of the Federal Communications Commission regulating broadcast radio and television. Much content which would be considered unexceptional in most other First World countries is directly censored by the FCC, since it falls foul of the "community standards" definition of obscenity or indecency. An increasing amount of video content is now sent over cable and satellite systems (thus escaping FCC review), and there has been some debate over whether the FCC should have jurisdiction over such communications systems. The terms First World, Second World, and Third World were used to divide the nations of Earth into three broad categories. ... The Federal Communications Commission (FCC) is an independent United States government agency, created, directed, and empowered by Congressional statute. ... The terms First World, Second World, and Third World were used to divide the nations of Earth into three broad categories. ... Obscenity has several connotations. ...


Similar censorship applies to items sent via the United States Postal Service. Certain state and local governments (it depends on the region) regularly exercise censorship power in their licensing of theatrical performances, movies and other entertainment or artistic works. (See Roth v. United States and Miller v. California for more on the "community standards" test.) A USPS Truck at Night A U.S. Post Office sign The United States Postal Service (USPS) is the United States government organization responsible for providing postal service in the United States and is generally referred to as the post office. ... Roth v. ... Miller v. ...


However it is true that in terms of purely political or religious speech, and freedom of the (printed) press, the U.S. experiences significantly less censorship than some other countries. For instance, a U.S. newspaper may freely express opinions which in other places might be criminalized as "hate speech," and organizations dedicated to such speech may freely march and speak in public (after having complied with all relevant content-neutral regulations). For these reasons, the Web services of most neo-nazis organizations, and most Holocaust deniers, etc. are hosted in the United States. This is a point of contention with some other countries and some groups, which point out that these organizations advocate policies that historically resulted in the deprivation of free speech and democratic rights, as well as the mass extermination of millions. Graphic representation of the world wide web around Wikipedia The World Wide Web (WWW, or simply Web) is an information space in which the items of interest, referred to as resources, are identified by global identifiers called Uniform Resource Identifiers (URI). ... The terms Neo-Nazism and Neo-Fascism refer to any social or political movement to revive Nazism or Fascism, respectively, and postdates the Second World War. ... Richard Harwoods Did Six Million Really Die? Holocaust denial is the claim that the mainstream historical version of the Holocaust is either highly exaggerated or completely falsified. ...


Also, the U.S. Supreme Court has made it clear that the federal and state governments cannot normally tell newspapers (or others) to not publish something, just because of the potential for damaging national security (as in the Pentagon Papers case) or harming private citizens (such as the accuser of Kobe Bryant). However, the Court has said that in exceptional cases such prior restraint might be permissable. As long as the newspapers are acquiring information in good faith, the government and private citizens bear the burden of keeping information secret if they do not want such information to be published. The Pentagon Papers are a seven-thousand-page top-secret United States Department of Defense history of the United States involvement in the Vietnam War from 1945 to 1971. ... Kobe Bean Bryant (born August 23, 1978 in Philadelphia, Pennsylvania) is a National Basketball Association player for the Los Angeles Lakers; he is also the son of NBA player Joe Jellybean Bryant. ... Categories: Pages needing attention | Stub | Freedom of Expression ...


An area of growing concern is the use of copyright laws to restrict free speech, more particularly with the enactment of the controversial Digital Millennium Copyright Act (DMCA). For instance, the Church of Scientology has waged successful legal battles to restrict the diffusion of some documents, which it considers its intellectual property. Critics contend that this is merely a way to prevent criticism — critics which do not quote authoritative Scientology documents are deemed to be discussing things they do not know about, and those who show authoritative documents are prosecuted for copyright infringement. Scientology has used the DMCA to force notable Web sites (including the Google search engine) to remove all references to the Operation Clambake site, which published such documents. The copyright symbol is used to give notice that a work is covered by copyright. ... The Digital Millennium Copyright Act (DMCA) is a controversial United States copyright law which criminalizes production and dissemination of technology that can circumvent measures taken to protect copyright, not merely infringement of copyright itself, and heightens the penalties for copyright infringement on the Internet. ... Official Scientology Cross Symbol The Church of Scientology was founded by author L. Ron Hubbard as an organization dedicated to the practice of Scientology, an applied religious philosophy formulated by Hubbard. ... In law, particularly in common law jurisdictions, intellectual property is a form of legal entitlement which allows its holder to control the use of certain intangible ideas and expressions. ... Google, Inc. ... Operation Clambake (xenu. ...


Neither the federal nor state governments engage in preliminary censorship of movies. However, the Motion Picture Association of America has a rating system, and movies not rated by the MPAA cannot expect anything but a very limited release in theatres, making the system almost compulsory. Since the organization is private, no recourse to the courts is available. The rules implemented by the MPAA are more restrictive than the ones implemented by most First World countries. However, unlike comparable public or private institutions in other countries, the MPAA does not have the power to limit the retail sale of movies in tape or disc form based on their content. Since 2000, it has become quite common for movie studios to release "unrated" DVD versions of films with MPAA-censored content put back in. The Motion Picture Association of America (MPAA) is a non-profit trade association formed to advance the interests of movie studios. ... Motion picture rating systems are issued to give moviegoers an idea of the suitability of a movie for children and/or adults in terms of issues such as sex, violence and bad language. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ...


Like all other constitutional freedoms, freedom of speech is more a contested terrain than an absolute principle. The repeal of the fairness doctrine limited the right to reply to television opinions, but the proliferation of new media outlets has expanded media access. The ever increasing cost of purchasing a newspaper, television station, or radio station has limited free speech, but the Internet and new forms of low power radio stations have increased it. What steps the courts of the United States will take to enforce freedom of speech depends somewhat on the identity of the judges appointed and the advocates for clients who appear before them. A judge or justice is an appointed or elected official who presides over a court. ... An advocate is one who speaks on behalf of another, especially in a legal context. ...


Within the U.S., the freedom of speech also varies widely from one state to the next. Of all states, the state of California permits its citizens the broadest possible range of free speech under the state constitution (whose declaration of rights includes a strong affirmative right to free speech in addition to a negative right paralleling the federal prohibition on laws that abridge the freedom of speech). Thanks to the Pruneyard case, California residents are even allowed to engage in free speech on other persons' private property. State nickname: The Golden State Other U.S. States Capital Sacramento Largest city Los Angeles Governor Arnold Schwarzenegger Official languages English Area 410,000 km² (3rd)  - Land 404,298 km²  - Water 20,047 km² (4. ... The PruneYard Shopping Center is a sprawling 250,000 sq. ...


In contrast, other states, like Indiana and Tennessee, are renowned for their rather narrow interpretation of the right of free speech. For example, Indiana lawyers have risked disbarment for foolish insinuations which would be ignored (or at worse, would earn a mild reprimand) in a California court. State nickname: The Hoosier State Other U.S. States Capital Indianapolis Largest city Indianapolis Governor Mitch Daniels Official languages English Area 94,321 km² (38th)  - Land 92,897 km²  - Water 1,424 km² (1. ... State nickname: Volunteer State Other U.S. States Capital Nashville Largest city Memphis Governor Phil Bredesen Official languages English Area 109,247 km² (36th)  - Land 106,846 km²  - Water 2,400 km² (2. ... State nickname: The Hoosier State Other U.S. States Capital Indianapolis Largest city Indianapolis Governor Mitch Daniels Official languages English Area 94,321 km² (38th)  - Land 92,897 km²  - Water 1,424 km² (1. ...


Asia

Several Asia countries guarantee freedoms of speech to their citizens. They are not however implemented in practice at most places. Countries like Vietnam, Myanmar, North Korea and Central Asian Republics like Turkmenistan brutally repress freedom of speech. Freedom of speech is also severely suppressed in China, though with the economic progress, those barriers have been reducing. The term Asian can refer to something or someone from Asia. ... The Socialist Republic of Vietnam is a country in Southeast Asia. ... The Union of Myanmar, also known as Burma, is a country in Southeast Asia. ... North Korea, officially the Democratic Peoples Republic of Korea (DPRK; Korean: Chosŏn Minjujuŭi Inmin Konghwaguk; Hangul: 조선민주주의인민공화국; Hanja: 朝鮮民主主義人民共和國), is a country in eastern Asia, covering the northern half of the peninsula of Korea. ... National anthem Independent, Neutral, Turkmenistan State Anthem Capital Ashgabat President and Prime Minister Saparmurat Niyazov Official language Turkmen Area  – Total  – % water Ranked 51st  488,100 km²  Negligible Population  – Total (2002)  – Density Ranked 113th  4,603,244  9. ... The Great Wall of China, stretching over 6,700 km, was erected beginning in the 3rd century BC to guard the north from raids by men on horses. ...


India

The Indian constitution guarantees freedom of speech to every citizen and there have been landmark cases in the Indian Supreme Court that have affirmed the nation's policy of allowing free press and freedom of expression to every citizen. In India, citizens are free to criticize politics, politicians, bureaucracy and policies. The freedoms are comparable to those in the United States and Western European democracies


European Convention

The European Convention on Human Rights, when signed on 4 November 1950, proclaimed a broad range of human rights already in existence in the signatories countries (the members of the Council of Europe). These rights include Article 10, which entitles all citizens to free expression. The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... November 4 is the 308th day of the year (309th in leap years) in the Gregorian Calendar, with 57 days remaining. ... 1950 was a common year starting on Sunday (link will take you to calendar). ... The Palace of Europe in Strasbourg The Council of Europe is an international organisation of 46 member states in the European region. ...

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

It also included some other restrictions:

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Each country then had to alter their laws to confirm with this, where necessary. In 1998, the United Kingdom implemented the Human Rights Act which granted the judiciary power to apply these rights to cases, and a requirement for Parliament to check compatibility of new laws with the Convention rights. If a judge finds a law to be 'incompatible' with the given Convention rights, then the law must be amended to incorporate these protections. 1998 is a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent... The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 1, 2000. ...


European-wide cases have been heard in the European Court of Justice as well as the European Court of Human Rights to guarantee these privileges - and cases have tested the need for professional integrity (as a journalist or lawyer) and the compatibility of one with the Human Rights law. The ECJ should not be mistaken for the European Court of Human Rights, a Council of Europe institution. ... The ECHR should not be mistaken for the European Court of Justice, an institution of the European Union for the resolution of disputes under EU law. ...


A major issue regarding freedom of speech is the application of defamation (libel) laws. Some countries have been criticized for putting too much burden on the defendant; a recent example is the so-called "McLibel case", against the United Kingdom. [1] (http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&key=42244&portal=hbkm&source=external&table=285953B33D3AF94893DC49EF6600CEBD49) In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent...


France

The Declaration of the Rights of Man and of the Citizen, of constitutional value, states, in its article 11: Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen, (French: La Déclaration des Droits de lHomme et du citoyen), is one of the fundamental documents of the French Revolution, defining a set of individual rights (and collective...

The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely, save [if it is necessary] to respond to the abuse of this liberty, in the cases determined by the law.

In addition, France adheres to the European Convention on Human Rights and accepts the jurisdiction of the European Court of Human Rights.


The right to criticize politicians and the government is cherished and taken for granted by the French population. France has a tradition of political lampooning and satirical writing. Examples of this tendency include the frequent depiction in a popular television program of president Jacques Chirac as a beer-guzzling incompetent, thief and liar. PPD (modeled on Patrick Poivre dArvor) is the resident news anchor of the guignols. ... The President of France, known officially as the President of the Republic (Président de la République in French), is Frances elected Head of State. ... Jacques René Chirac (born 29 November 1932) is a French politician. ...


French law prohibits public speech or writings that incite to racial or religious hatred, as well as those that deny the Jewish Holocaust. Proponents and supporters of these measures allege that they fight against the spread of neo-nazi ideas and a climate of racism; opponents contend that these laws stifle the freedom of speech in France, and make it difficult to engage in the criticism of the practices of some religions, or in the discussion of immigration. The only major party opposed to those laws are the National Front whose leader, Jean-Marie Le Pen, has been a target of them. Concentration camp inmates during the Holocaust The Holocaust was Nazi Germanys systematic genocide (ethnic cleansing) of various ethnic, religious, national, and secular groups during World War II, starting in 1941 and continuing through 1945. ... The terms Neo-Nazism and Neo-Fascism refer to any social or political movement to revive Nazism or Fascism, respectively, and postdates the Second World War. ... An African-American drinks out of a water cooler designated for use by colored patrons in 1939 at a streetcar terminal in Oklahoma City. ... This article is about the French political party, not the WWII French resistance movement Front National. ... Le Pen Jean-Marie Le Pen (born June 20, 1928) is a controversial French politician. ...


In December 2004, a controversial addition was made to the law, criminalizing the prohibition to hatred or violence against people because of their sexual orientation. Sexual orientation describes the focus of a persons amorous or erotic desires, fantasies, and feelings, the gender(s) one is primarily oriented towards. ...


France does not implement any preliminary government censorship for written publications; plaintiffs have to demonstrate the violation of law in court. However, press publications must have an identifiable director of publishing, and publications directed towards the youth have supplemental obligations. Also, the government has a commission recommending movie classifications, the decisions of which can be appealed before the courts. Finally, the government restricts the right of broadcasting to authorized radio and television channels; the authorizations are granted by an independent administrative authority; this authority has recently removed the broadcasting authorizations of some foreign channels because of their antisemitic content. Radio transmission diagram and electromagnetic waves Radio is a technology that allows the transmission of signals by modulation of electromagnetic waves with frequencies below those of light. ... An American family watching television in the 1950s. ...


The 1994 Toubon Law restricts the use of foreign language words in government official publications and commercial speech; it has often been incorrectly described in the English-speaking press as prohibiting English words from all publications and web pages in France. The Toubon Law (full name: law 94-665 of 4 August 1994 relating to usage of the French language), is a law of the French government mandating the use of the French language in official government publications, advertisements, and some other contexts. ...


External links

Germany

Reporters without borders world-wide press freedom index 2002 ranked Germany 7th out of 139 countries (in a three way tie). Freedom of speech is guaranteed by article 5 of the German Grundgesetz ("basic Law"). There are, however, some restrictions, for example personal insults or hate speech (Volksverhetzung). The latter includes the propagation of neonazist ideas and the use of nazist symbols like the swastika, except for purposes of art, research or education. These restrictions are justified with the argument that they are necessary to protect the democratic constitution of Germany. Reporters Without Borders, or RWB ( French: Reporters sans frontières, or RSF) is an international non-governmental organization devoted to freedom of the press. ... The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ... The terms Neo-Nazism and Neo-Fascism refer to any social or political movement to revive Nazism or Fascism, respectively, and postdates the Second World War. ... The Swastika in traditional Hindu form The swastika is an equilateral cross with its arms bent at right angles either clockwise or anticlockwise. ...


Poland

"Statutes of Wiślica" introduced in 1347 by Casimir_III_of_Poland codified freedom of speech in medieval Poland e.g. book publishers were not to be persecuted.-1... Casimir the Great Casimir III or the Great (Kazimierz Wielki), (1310-1370), King of Poland, son of Władyslaw I Łokietek (Wladyslaw the Elbow High), 1305-1333 and Jadwiga. ...


As of 2005, people are sometimes convicted and/or detained for about one day for insults to religious feeling (of the Catholic Church) or to heads of state who are not yet, but soon will be, on Polish territory. 2005 is a common year starting on Saturday of the Gregorian calendar. ... The Roman Catholic Church believes its founding was based on Jesus appointment of Saint Peter as the primary church leader, later Bishop of Rome. ... A head of state or chief of state is the chief public representative of a nation-state, federation or commonwealth, whose role generally includes personifying the continuity and legitimacy of the state and exercising the political powers, functions and duties granted to the head of state in the countrys...


On July 18, 2003, Dorota Nieznalska was sentenced to six months of community service for having published an art work showing a penis on a cross, which was considered to be an insult to religious feeling. July 18 is the 199th day (200th in leap years) of the year in the Gregorian Calendar, with 166 days remaining. ... 2003 is a common year starting on Wednesday of the Gregorian calendar, and also: The International Year of Freshwater The European Disability Year Events January January 1 - Luíz Inácio Lula Da Silva becomes the 37th President of Brazil. ...


On January 5, 2005, Jerzy Urban was sentenced to a fine of 20,000 złoty (about 5000 euros) for having insulted pope John-Paul II as a visiting head of state. January 5 is the 5th day of the year in the Gregorian Calendar. ... 2005 is a common year starting on Saturday of the Gregorian calendar. ... The euro (€; ISO 4217 code EUR) is the currency of twelve European Union member states: Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, and Spain. ...


During January 26-January 27, 2005, about 30 human rights activists were temporarily detained by the police, allegedly for insulting Vladimir Putin as a visiting head of state. The activists were released after about 30 hours and only one was actually charged with insulting a foreign head of state. [2]  (http://www.indymedia.org/en/2005/01/112837.shtml) January 26 is the 26th day of the year in the Gregorian Calendar. ... January 27 is the 27th day of the year in the Gregorian Calendar. ... 2005 is a common year starting on Saturday of the Gregorian calendar. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Term of office: December 31, 1999 – Preceded by: Boris Yeltsin Succeeded by: Date of birth: October 7, 1952 Place of birth: Leningrad, U.S.S.R. First Lady: Liudmila Putina Political party: None Vladimir Vladimirovich Putin (Russian: Владимир Владимирович Путин  pronunciation; born October 7, 1952) is a Russia politician and...


Canada

The constitutional provision that guarantees Freedom of expression in Canada is section 2(b) of the Canadian Charter of Rights and Freedoms. Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... Canada is a sovereign state in northern North America, the northern-most country in the world, and the second largest in total area. ... The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982. ...

2. Everyone has the following fundamental freedoms: ... (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication

Due to section 1 of the Charter, the so-called limitation clause, Canada's freedom of expression differs from the provision guaranteeing freedom of speech in the United States of America in a fundamental manner. The section 1 of the Charter states: The United States of America — also referred to as the United States, the U.S.A., the U.S., America, the States, or (archaically) Columbia—is a federal republic of 50 states located primarily in central North America (with the exception of two states: Alaska and Hawaii). ...

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (emphasis added)

This section is double edged. First it implies that a limitation on freedom of speech prescribed in law can be permitted if it can be justified as being a reasonable limit in a free and democratic society. Conversely, it implies that a restriction can be invalidated if it cannot be shown to be a reasonable limit in a free and democratic society.


The former case has been used to uphold limits on legislation which are used to prevent hate speech and obscenity. An example of the latter use is that case Forget v. Quebec (Attorney General) 1988, (2 S.C.R. 90) decision in which the Supreme Court invalidated the Charter of the French Language also known as Bill 101. One of the reasons it gave for invalidating it was that it was not a reasonable limitation under sec. 9 of the Quebec Charter of Rights and Freedoms and under art. 1 of the Canadian Charter of Rights and Freedoms. This decision was one of the first cases after the Oakes test was established. Bill 101 was subsequently put into effect though by invoking the notwithstanding clause of the Charter. Hate speech - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... Obscenity has several connotations. ... Ford v. ... 1988 is a leap year starting on a Friday of the Gregorian calendar. ... The Charter of the French Language (also known as Bill 101) is a framework law in the province of Quebec, Canada, defining the linguistic rights of all Quebecers and making French, the language of the majority, the sole official language of Quebec. ... The Quebec Charter of Human Rights and Freedoms was passed by the National Assembly of Quebec in 1975. ... The Oakes test is applied by courts in Canada when any legislation is found to infringe upon rights guaranteed by the Canadian Charter of Rights and Freedoms. ... The override power or notwithstanding clause is the legislative power under section 33 of the Canadian Charter of Rights and Freedoms in the Constitution of Canada. ...


Republic of Ireland

Freedom of speech is protected by Article 40.6.1 of the Irish constitution. However the article qualifies this right, providing that it may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "blasphemous, seditious, or indecent matter" be a criminal offence. Under the European Convention On Human Rights Act, 2003, all of the rights afforded by the European Convention form an integral part of the Republic of Ireland's laws. The act is, however, subordinate to the constitution. The Constitution of Ireland is the founding legal document of the state known today as the Republic of Ireland. ... The Republic of Ireland (Irish: Poblacht na hÉireann) is the official description of an independent state which covers approximately five-sixths of the island of Ireland, off the coast of north-west Europe. ...


Australia

Unlike most other nations that legally protect freedom of speech, Australia does not have a bill or declaration of rights. However, in 1992 the High Court of Australia judged in the case of Australian Capital Television et al. v. Commonwealth of Australia (Adban) that the Australian Constitution, by providing for a democratic system of government, implied the protection of freedom of speech as an essential element of that system. Australia, officially the Commonwealth of Australia, is the sixth-largest country in the world, the only country to occupy an entire continent, and the largest in the region of Australasia/Oceania. ... 1992 is a leap year starting on Wednesday of the Gregorian calendar. ... High Court entrance The High Court of Australia is the court of last resort for the jurisdiction of Australia. ... The Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia) is the primary constitutional text of the Commonwealth of Australia. ...


Africa

The majority of African constitutions provide legal protection for freedom of speech. However, these rights are exercised inconsistently in practice. The replacement of authoritarian regimes in Kenya and Ghana has substantially improved the situation in those countries. On the other hand, Eritrea allows no independent media and uses draft evasion as a pretext to crack down on any dissent, spoken or otherwise. Sudan, Libya, and Equatorial Guinea also have repressive laws and practices. In addition, many state radio stations (which are the primary source of news for illiterate people) are under tight control and programs, especially talk shows providing a forum to complain about the government, are often censored. Kenya (pronounced as KEN-ya) is a country of East Africa, bordering Ethiopia, Somalia, Sudan, Tanzania, Uganda and the Indian Ocean. ... The Republic of Ghana is a nation in West Africa. ... National motto: None Official languages Tigrigna, Arabic and English Capital Asmara President Isaias Afewerki Area  - Total  - % water Ranked 96th 121,320 km² Negligible Population  - Total (2002)  - Density Ranked 118th 4,298,269 37/km² Independence  - Limited  - Fully From Ethiopia  May 29, 1991  May 24, 1993 Currency Nakfa Time zone UTC... The Republic of the Sudan, or Republic of Sudan (in recent years the definite article has increasingly been dropped in common usage) is the largest country in Africa, situated in the northeast part of the continent. ... The Great Socialist Peoples Libyan Arab Jamahiriya or Libya (Arabic: ليبيا) is a country in North Africa, bordering the Mediterranean Sea, located between Egypt on the east, Sudan on the southeast, Chad and Niger on the south and Algeria and Tunisia to the west. ... The Republic of Equatorial Guinea is a nation in central Africa, and one the smallest countries in continental Africa. ...


Freedom of speech is increasing in oil-producing countries (such as Equatorial Guinea, Chad, Cameroon, and Gabon), because it gives the oil companies a good impression. The Republic of Chad (تشاد) is a land-locked nation in central Africa. ... The Republic of Cameroon is a unitary republic of central Africa. ... The Gabonese Republic, or Gabon, is a nation of west central Africa. ...


The Internet

The development of the Internet opened new possibilities for achieving freedom of speech using methods that do not depend on legal measures. Pseudonymity and data havens (such as Freenet) allow free speech, as the technology guarantees that material cannot be removed (censored). The Internet, or simply the Net, is the publicly available worldwide system of interconnected computer networks that transmit data by packet switching using a standardized Internet Protocol (IP) and many other protocols. ... In cryptography, pseudonymity is the ability to prove a consistent identity without revealing oneself, instead using a pseudonym. ... A Data Haven is a place where data is supposed to be secure at all times. ... This article is about the peer-to-peer file sharing software called Freenet. ...


Websites which fall foul of government censors in other countries are often re-hosted on a server in a country with no such restrictions. Given that the United States has in many respects the least restrictive governmental policies in the world on freedom of speech, many of these websites re-host their content on an American server and thus escape censorship while remaining available to their target audience. This is especially the case with neo-nazi and other sites promoting racial hatred, since these are prohibited in a number of European countries. The terms Neo-Nazism and Neo-Fascism refer to any social or political movement to revive Nazism or Fascism, respectively, and postdates the Second World War. ... This article is about the continent. ...


The Electronic Frontier Foundation (EFF) is an organization dedicated to protecting freedom of speech on the Internet. The Electronic Frontier Foundation (EFF) is a non-profit advocacy and legal organization with the stated purpose of being dedicated to preserving first amendment rights in the context of todays digital age. ...


Issues raised by involuntary commitment

A small minority has questioned whether involuntary commitment laws, when the diagnosis of mental illness leading, in whole or in part, to the commitment, was made to some degree on the basis of the speech or writings of the committed individual, violate the right of freedom of speech of that individuals, in jurisdictions where that is relevant. Involuntary commitment is the practice of using legal means or forms as part of a mental health law to commit a person to a mental hospital, insane asylum or psychiatric ward without their informed consent, against their will or over their protests. ... The Scream, the famous painting commonly thought of as depicting the experience of mental illness. ...


Quotes

  • "I disapprove of what you say, but I will defend to the death your right to say it". Commonly attributed to Voltaire (actually written by his biographer, Evelyn Beatrice Hall, writing as S.G. Tallentyre in 1906).
  • "The principle of free thought is not free thought for those who agree with us but freedom for the thought we hate." US Supreme Court Justice Oliver Wendell Holmes in United States v. Schwimmer (1929).
  • "Goebbels was in favor of free speech for views he liked. So was Stalin. If you're in favor of free speech, then you're in favor of freedom of speech precisely for views you despise. Otherwise, you're not in favor of free speech." Noam Chomsky, Manufacturing Consent: Noam Chomsky and the Media (1992)

Voltaire François-Marie Arouet (November 21, 1694 – May 30, 1778), better known by the pen name Voltaire, was a French Enlightenment writer, deist and philosopher. ... Evelyn Beatrice Hall, who wrote under the pseudonym S.G. Tallentyre, was a writer and the personal biographer of Voltaire. ... 1906 was a common year starting on Monday (see link for calendar). ... Oliver Wendell Holmes Jr. ... 1929 was a common year starting on Tuesday (link will take you to calendar). ... Joseph Goebbels Dr. Paul Joseph Goebbels (October 29, 1897 – May 1, 1945) was Adolf Hitlers Propaganda Minister (see Propagandaministerium) in Nazi Germany. ... Iosif (usually anglicized as Joseph) Vissarionovich Stalin (Russian: Иосиф Виссарионович Сталин), original name Ioseb Jughashvili (Georgian: იოსებ ჯუღაშვილი; see Other names section) (December 21, 1879[1] – March 5, 1953) was a Bolshevik revolutionary and leader of the Soviet Union. ... Avram Noam Chomsky (born December 7, 1928) is an Institute Professor Emeritus of linguistics at the Massachusetts Institute of Technology and creator of the Chomsky hierarchy, a classification of formal languages. ...

Related topics

Freedom of the press (or press freedom) is the guarantee by a government of free public speech often through a state constitution for its citizens, and associations of individuals extended to members of news gathering organizations, and their published reporting. ... Censorship is the systematic use of group power to broadly control freedom of speech and expression, largely in regard to secretive matters. ... The propaganda model is a theory advanced by Edward S. Herman and Noam Chomsky that seeks to explain systemic biases of the mass media in terms of structural economic causes. ... Freedom of religion is the individuals right or freedom to hold whatever religious beliefs he or she wishes, or none at all. ... The free speech zone at the 2004 Democratic National Convention Free speech zones (also known as First Amendment Zones or derisively as Free speech cages) are areas in the United States that are set aside for political protesters to exercise their right to free speech. ... The International Freedom of Expression eXchange (IFEX), founded in 1992, is a global network of more than 60 non-governmental organisations that promote and defend the right to freedom of expression. ... Freedom of information can mean: whether a certain piece of information can be freely modified, copied and distributed; see free content, free culture and free software accessibility to government-held information; see Freedom of Information Act freedom to express ones opinions within a society; see freedom of speech See... Free content is any kind of functional work, artwork, or other creative content upon which no legal restriction has been placed that significantly interferes with peoples freedom to use, understand, redistribute, improve, and share the content. ... Free software is software which is free as in freedom, not as in beer (also refered to as libre or freedom software as distinct from gratis or no cost software). ... The copyright symbol is used to give notice that a work is covered by copyright. ... The reversed c is the copyleft symbol. ...

External links

  • Article 19 - The Global Campaign for Free Expression (http://www.article19.org)
  • The Thomas Jefferson Center for the Protection of Free Expression (http://www.tjcenter.org)
  • Organization of American States - Special Rapporteur for Freedom of Expression (http://www.oas.org/OASpage/humanrights.htm/)
  • Organization for Security and Cooperation in Europe - Representative on Freedom of the Media (http://www.osce.org/fom/)
  • United Nations - Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (http://www.ohchr.org/english/issues/opinion/index.htm)
  • UNESCO - Division of Freedom of Expression (http://portal.unesco.org/ci/en/ev.php-URL_ID=2493&URL_DO=DO_TOPIC&URL_SECTION=201.html/)
  • Stanford Encyclopedia of Philosophy entry (http://plato.stanford.edu/entries/freedom-speech/)

  Results from FactBites:
 
Canadian Journalists for Free Expression - Wikipedia, the free encyclopedia (792 words)
The past few years have seen another name change - this time to reflect the larger free expression mandate of the organization - as well as a significant expansion of activities of CJFE both in Canada and internationally.
One of the principal activities of CJFE is the management of the International Freedom of Expression Exchange (IFEX), a global network of more than 70 non-governmental organisations that monitors free expression violations around the world and defends journalists, writers and others who are persecuted for exercising their right to freedom of expression.
The fund exists primarily to encourage freedom of expression and the practice of journalism, and to provide humanitarian assistance to journalists whose lives and well-being are threatened.
Regular expression - Wikipedia, the free encyclopedia (3803 words)
A regular expression (abbreviated as regexp or regex, with plural forms regexps, regexes, or regexen) is a string that describes or matches a set of strings, according to certain syntax rules.
Regular expressions correspond to the type 3 grammars of the Chomsky hierarchy and may be used to describe a regular language.
It is possible to write an algorithm which for two given regular expressions decides whether the described languages are essentially equal, it reduces each expression to a minimal deterministic finite state automaton and determines whether they are isomorphic (equivalent).
  More results at FactBites »


 

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