Portal:Freedom of speech

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The Freedom of speech portal

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...)

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The Bill of Rights in the National Archives
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that comprise the Bill of Rights. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In Everson v. Board of Education (1947), the Court drew on Founding Father Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute. Speech rights were expanded significantly in a series of 20th and 21st-century court decisions which protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation. The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases.

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Placards planted in flower beds after Hrant Dink's funeral.
Hrant Dink (September 15, 1954 – January 19, 2007) was a Turkish-Armenian editor, journalist and columnist. As editor-in-chief of the bilingual Turkish-Armenian newspaper Agos (Ակօս), Dink was a prominent member of the Armenian minority in Turkey. Dink was best known for advocating Turkish-Armenian reconciliation and human and minority rights in Turkey; he was often critical of both Turkey's denial of the Armenian Genocide, and of the Armenian diaspora's campaign for its international recognition. Dink was prosecuted three times for denigrating Turkishness, while receiving numerous death threats from Turkish nationalists. Hrant Dink was assassinated in Istanbul in January 2007, by Ogün Samast, a 17-year old Turkish nationalist. While Samast has since been taken into custody, pictures of the alleged assassin flanked by smiling Turkish police and gendarmerie, posing with the killer in front of the Turkish flag, have since surfaced. The photos created a scandal in Turkey, prompting a spate of investigations and the removal from office of those involved. At his funeral, one hundred thousand mourners marched in protest of the assassination, chanting "We are all Armenians" and "We are all Hrant Dink". Criticism of Article 301 became increasingly vocal after his death, leading to parliamentary proposals for repeal.

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