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...)
United States v. The Progressive was a 1979 lawsuit against The Progressive magazine by the United States Department of Energy (DOE). A temporary injunction was granted against The Progressive to prevent the publication of an article by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. The case was brought before Judge Robert W. Warren in the Eastern District of Wisconsin(Federal courthouse pictured). Though the information had been compiled from publicly available sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954. Because of the sensitive nature of the information, two separate hearings were conducted, one in public, and the other in camera. The defendants would not accept security clearances, and so were not present at the in camera hearings. The article was eventually published after the government lawyers dropped their case during the appeals process, calling it moot after other information was independently published. Despite its indecisive conclusion, law students still study the case, which tested the limits of the presumption of unconstitutionality attached to prior restraints.
Image 6Orthodox 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 8George 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 20Eleanor 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)
Freedom of speech is central to most every other right that we hold dear in the United States and serves to strengthen the democracy of our great country. It is unfortunate, then, when actions occur that might be interpreted as contrary to this honored tenet.
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