18/11/2011

1. FREEDOM OF SPEECH
As stated in the Bill of Rights
By Julia Nykänen
18 November 2011

2. In this presentation. . .
What does it mean?
History & development
Television
Newspapers & magazines
Internet

3. What does it
mean?
“ Freedom of speech ” is understood as:
 the right to express information & ideas
 the right to seek information & ideas
 the right to receive information & ideas
 the right to impart information & ideas
It also includes:"
 the right NOT to speak
 the right to use some offensive language
when conveying political messages
 the right to participate in “symbolic speech”
which can include burning a flag in protest etc.
 the right to contribute money to political
campaigns

4. “ Everyone has the right to freedom of opinion and
expression; this right includes the right to hold opinions without
interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers ”
- Article 19 of the UDHR

5. HISTORY AND DEVELOPMENT

6. 470—399
B.C.
Socrates
trial
1516
The
Educa=on
of
a
Chris=an
Prince
by
Erasmus.
'In
a
free
state,
tongues
too
should
be
free
1644
'Areopagi=ca',
a
pamphlet
by
the
poet
John
Milton,
argues
against
restric=ons
of
freedom
of
the
press
1689
Bill
of
Rights
grants
'freedom
of
speech
in
Parliament'
aNer
James
II
is
overthrown
and
William
and
Mary
installed
as
co-­‐rulers.
1789
'The
Declara=on
of
the
Rights
of
Man',
a
fundamental
document
of
the
French
Revolu=on
1791
The
First
Amendment
of
the
US
Bill
of
Rights
gives
four
freedoms:
religion,
speech,
press
&
right
to
assemble
1948
The
Universal
Declara=on
of
Human
Rights
is
adopted
by
the
UN
General
Assembly
2005
The
Serious
Organised
Crime
and
Police
Act
bans
protest
without
permit
within
1km
of
the
Bri=sh
Parliament.

7. Television
All
broadcast
media
is
very
Mature
rated
programs
not
powerful
–
needs
regula8ons
allowed
during
day8me
Government
granted
license
to
Government
cannot
limit
broadcast
expression
just
because
any
listener,
or
even
the
majority
of
a
Broadcas8ng
through
TV
–
more
community,
is
offended
by
its
of
a
privilege
content
 License
renewed
OR
not
Restric8ons
only
if
it
clearly
causes
direct
and
imminent
harm
to
an
important
societal
interest

8. Newspapers & Magazines
“A
newspaper
publishes
an
ar8cle
favoring
issue
x.
Censorship?
Following
this,
supporters
of
the
opposite,
issue
y,
demand
that
the
newspaper
publishes
an
ar8cle
opposing
issue
x.
The
newspaper
refuses.”
Freedom
of
press
Right
to
publish
newspapers,
magazines
etc
Government
supposed
to
protect
private
en88es’
right
to
freedom
of
expression
Viola8on
of
First
Amendment
only
if
a
law
or
governmental
ac8on
is
involved
Restric8ons
in
cases
of:
•
libel
•
obscenity
•
sedi8on

9. World Wide Web
The
Internet
is
the
largest
common
area
in
The
world
–
very
hard
to
restrict
!
Government
controlled
companies
who
build
“Internet
plaUorms”
try
to
imply
regula8ons
“In
Cyberspace,
the
First
Amendment
is
a
local
ordinance”
–
John
Barlow
Google
Wikileaks
Internet’s
structure
is
robust
–
impossible
to
completely
block
everything
Private
users
can
block
access
to
info
through
firewalls
State
owned
property
(not
public
forums)
can
be
restricted
by
the
government

10. On the Internet the government may prohibit
following exceptions:

Speech
that
is
likely
to
lead
to
imminent
lawless
ac8on

Words
so
insul8ng
that
people
are
likely
to
fight
back

Obscenity

Child
pornography

Defamatory
(false)
statements

Commercials
–
misleading
or
illegal

11. S O U R C E S
h[p://cyber.law.harvard.edu/ilaw/Speech/
h[p://www.livinginternet.com/i/ip_speech.htm
h[p://ifea.net/
h[p://www.state.gov/secretary/rm/2011/02/156619.htm
h[p://cornellsun.com/node/36482
h[p://dic8onary.reference.com/browse/freedom+of+the+press
h[p://www.freedomhouse.org/template.cfm?page=16
h[p://www.fff.org/freedom/fd0407a.asp
h[p://www.aclu.org/free-­‐speech/freedom-­‐expression-­‐arts-­‐and
-­‐entertainment
h[p://www.caslon.com.au/censorshipguide21.htm