The Freedom of speech Portal
Freedom of speech is the political right to communicate one's ideas via speech. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations, as with libel, slander, obscenity and incitement to commit a crime.
The right to freedom of expression is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR states that "[e]veryone 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". Article 19 goes on to say 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 (order public), or of public health or morals".
Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd [2004] UKHL 44 was a 2004 decision by the House of Lords on the impact of the Human Rights Act 1998 on freedom of expression. The Act, particularly Section 12, cautioned the courts to only grant remedies that would restrict publication before trial where it is "likely" that the trial will establish that the publication would not be allowed. Banerjee, an accountant with Cream Holdings, obtained documents which she claimed contained evidence of illegal and unsound practices on Cream's part and gave them to the Liverpool Daily Post & Echo, who ran a series of articles on 13 and 14 June 2002 asserting that a director of Cream had been bribing a local council official in Liverpool. Cream applied for an emergency injunction on 18 June in the High Court of Justice, where Lloyd J decided on 5 July that Cream had shown "a real prospect of success" at trial, granting the injunction. This judgment was confirmed by the Court of Appeal on 13 February 2003. Leave was given to appeal to the House of Lords, where a judgment was given on 14 October 2004 by Lord Nicholls, with the other judges assenting. In it, Nicholls said that the test required by the Human Rights Act, "more likely than not", was a higher standard than "a real prospect of success", and that the Act "makes the likelihood of success at the trial an essential element in the court's consideration of whether to make an interim order", asserting that in similar cases courts should be reluctant to grant interim injunctions unless it can be shown that the claimant is "more likely than not" to succeed. At the same time, he admitted that the "real prospect of success" test was not necessarily insufficient, granting the appeal nonetheless because Lloyd J had ignored the public interest element of the disclosure. As the first confidentiality case brought after the Human Rights Act, Cream is the leading case used in British "breach of confidentiality" cases.
Banned books are books to which free access is not permitted. The practice of banning books is a form of censorship, and often has political, religious or moral motivations. Bans on books can be enacted at the national or subnational level, and can carry legal penalties for their infraction. Books may also be challenged at a local, community level. As a result, books can be removed from schools or libraries, although these bans do not extend outside of that area. Similarly, religions may issue lists of banned books – a historical example being the Roman Catholic Church's Index Librorum Prohibitorum – which do not always carry legal force.
David Herbert Richards Lawrence (11 September 1885 – 2 March 1930) was an English novelist, poet, playwright, essayist, literary critic and painter who published as D. H. Lawrence. His collected works represent an extended reflection upon the dehumanising effects of modernity and industrialisation. In them, Lawrence confronts issues relating to emotional health and vitality, spontaneity, and instinct. Lawrence's opinions earned him many enemies and he endured official persecution, censorship, and misrepresentation of his creative work throughout the second half of his life, much of which he spent in a voluntary exile he called his "savage pilgrimage." At the time of his death, his public reputation was that of a pornographer who had wasted his considerable talents. E. M. Forster, in an obituary notice, challenged this widely held view, describing him as, "The greatest imaginative novelist of our generation." Later, the influential Cambridge critic F. R. Leavis championed both his artistic integrity and his moral seriousness, placing much of Lawrence's fiction within the canonical "great tradition" of the English novel. Lawrence is now valued by many as a visionary thinker and significant representative of modernism in English literature.
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It is my view that there is no "compelling need" that can be shown which qualifies the reporter's immunity from appearing or testifying before a grand jury, unless the reporter himself is implicated in a crime. His immunity, in my view, is therefore quite complete, for, absent his involvement in a crime, the First Amendment protects him against an appearance before a grand jury, and, if he is involved in a crime, the Fifth Amendment stands as as a barrier. ... And since, in my view, a newsman has an absolute right not to appear before a grand jury, it follows for me that a journalist who voluntarily appears before that body may invoke his First Amendment privilege to specific questions. |
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