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 (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart 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 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 public order (ordre public), or of public health or morals". (Full article...)
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.
Image 2George 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 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)
Geert Wilders (Dutch pronunciation:[ɣeːrtˈʋɪldərs], born 6 September 1963) is a Dutch politician and the founder and leader of the Party for Freedom (Partij voor de Vrijheid – PVV), which is a political party in the Dutch parliament. Wilders is the Parliamentary group leader of his party in the Dutch House of Representatives. In the formation in 2010 of the Rutte cabinet, a minority cabinet of VVD and CDA, he actively participated in the negotiations, resulting in a "support agreement" (gedoogakkoord) between the PVV and these parties, but withdrew his support in April 2012, citing disagreements with the cabinet on proposed budget cuts. Wilders is best known for his criticism of Islam. Wilders' views regarding Islam have made him a controversial figure in the Netherlands and abroad, and since 2004 he receives permanent personal protection by armed bodyguards.(more...)
... that the opposition against the use of censorship to fight child pornography on the internet by MOGIS helped strengthen the credibility of the movement against such measures?
Historically, of course, the Supreme Court really hasn't recognized that kind of reality. It hasn't tried to make distinctions among different kinds of press entities. And there may be strong reasons not to do this. First Amendment law is already very complicated. And if you're asking the Court now to superimpose a whole new set of distinctions on what has already become an unbearable number of complex distinctions, you may end up feeling sorry. There are lots and lots of different kinds of press entities and other speakers. And if each one gets its own First Amendment doctrine, that might be a world we don't want to live in.
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