Introduction

Freedom of expression: The universalization of civil and political rights implies that the free expression rights formally cover all communicative activities by any single citizen

Article XI - French Revolution (1789)

→ The free communication of ideas and opinions is one of the most precious of the rights of man, Every citizen may accordingly speak write and print with freedom, but shall be responsible for such abuses of the freedom as shall be defined by law

Article 19 - The Universal Declaration of Human Rights (1948)

→ 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

Article 19 - The International Covenant on civil and political rights (ICCPR, 1966)

• Everyone should have the right to hold opinions without interference
• right to freedom of expression
• These rights shall be exercised:
  • for respect of the rights or reputation of others
  • for the protection of national security or of public order, or of public health or morals

Active dimension of FoE

→ The right to express and disseminate information, opinions, and ideas without interference

Elements:

• right to speech, press,…
• right to participate in public discourse and debate
• right to protest
• right to create media content

Role of the State:

• Ensuring legal protection for individuals and the press
• preventing censorship or undue restrictions on speech
• supporting diverse voices in public discourse

Passive dimension of FoE

→ The right to receive information and access diverse perspectives freely

Elements:

• right to access unbiased news and information
• right to access pluralistic media
• right to be informed about government actions and policies
• right to an open internet

Role of the State:

• preventing monopolization of media
• ensuring transparency in government and corporate communication
• supporting policies

Free Speech in the US

The First Amendment (1791)

→ Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances

Free speech in the case law of the SCOTUS

→ SCOTUS (Supreme Court of the United States)

Abrams vs US (1919)

→ Justice Holmes’ dissenting opinion:

• the majority of the Court upheld the prosecution of an anarchist for his anti-war views under the Espionage Act 1917
• Justice Holmes argued that as time challenges beliefs, people may come to trust the foundations of their conduct less. He suggested that the ultimate good is best achieved through the free exchange of ideas. He emphasized that truth is the only secure basis for human aspirations
  • → FREE MARKETPLACE OF IDEAS