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. 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 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...)
The Case of the Dean of St Asaph, formally R v Shipley, was the 1784 trial of William Shipley, the Dean of St Asaph, for seditious libel. In the aftermath of the American War of Independence, electoral reform had become a substantial issue, and William Pitt the Younger attempted to bring a Bill before Parliament to reform the electoral system. In its support Shipley republished a pamphlet written by his brother-in-law, Sir William Jones, which noted the defects of the existing system and argued in support of Pitt's reforms. Thomas FitzMaurice, the brother of the Earl of Shelburne, reacted by indicting Shipley for seditious libel, a criminal offence which acted as "the government's chief weapon against criticism", since merely publishing something that an individual judge interpreted as libel was enough for a conviction; a jury was prohibited from deciding whether or not the material was actually libellous. The law was widely seen as unfair, and a Society for Constitutional Information was formed to pay Shipley's legal fees. With financial backing from the society Shipley was able to secure the services of Thomas ErskineKC as his barrister. Shipley was tried in 1784 by Mr Justice Buller and a specially convened jury at Shrewsbury. Edward Bearcroft, counsel for the prosecution, argued that on the basis of the existing system the jury could not decide on the nature of the pamphlet, while Erskine argued not only that they could, but that the material did not constitute seditious libel, containing as it did "a solemn protest against all sedition". Persuaded by Erskine's arguments, the jury ruled that Shipley was not "guilty" or "not guilty", but instead "guilty of publication only", a confusing and non-standard ruling which, after a long dialogue, Mr Justice Buller declared to mean "guilty on all charges". Erskine appealed the decision to the Court of King's Bench on 8 November, where the judges again ruled that juries could not decide whether material was libellous, but nevertheless released Shipley on a technicality; his freedom was greeted with fireworks and bonfires, and Erskine was rewarded with the Freedom of the City of Gloucester. Still seeking to reform the law, Erskine sent the court records to Charles James Fox and Lord Camden, who, after much effort, passed the Libel Act 1792, which secured the right of juries to decide whether or not material was libellous.
Image 7Eleanor 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)
Image 8Orthodox 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 27George 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)
Larry Claxton Flynt, Jr. (born November 1, 1942) is an Americanpublisher and the president of Larry Flynt Publications (LFP). In 2003, Arena magazine listed him as the number one on the "50 Powerful People in Porn" list. LFP mainly produces sexually graphic videos and magazines, most notably Hustler. Flynt has fought several prominent legal battles involving the First Amendment, and has unsuccessfully run for public office. He is paralyzed from the waist down due to injuries sustained in a 1978 assassination attempt. In 1988, Flynt won an important Supreme Court decision, Hustler Magazine v. Falwell, after being sued by Reverend Jerry Falwell in 1983, over an offensive ad parody in Hustler that suggested that Falwell's first sexual encounter was with his mother in an out-house. Falwell sued Flynt, citing emotional distress caused by the ad. The decision clarified that public figures cannot recover damages for "intentional infliction of emotional distress" based on parodies.
Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow.
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