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Freedom of speech is the political right to communicate one's opinions and ideas. 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, sedition (including, for example inciting ethnic hatred), copyright violation, revelation of information that is classified or otherwise restrained under gag agreement, 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 "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 "or respect of the rights or reputation of others" or "or the protection of national security or of public order (order public), or of public health or morals".

The right to freedom of speech and expression

Concepts of freedom of speech can be found in early human rights documents. England’s Bill of Rights 1689 granted 'freedom of speech in Parliament' and the Declaration of the Rights of Man and of the Citizen, adopted during the French Revolution in 1789, specifically affirmed freedom of speech as an inalienable right. The Declaration provides for freedom of expression in Article 11, which states that:

"The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law."

Article 19 of the Universal Declaration of Human Rights, adopted in 1948, 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."

Today freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights. Based on John Milton's arguments, freedom of speech is understood as a multi-faceted right that includes not only the right to express, or disseminate, information and ideas, but three further distinct aspects:

• the right to seek information and ideas;
• the right to receive information and ideas;
• the right to impart information and ideas.

International, regional and national standards also recognize that freedom of speech, as the freedom of expression, includes any medium, be it orally, in written, in print, through the Internet or through art forms. This means that the protection of freedom of speech as a right includes not only the content, but also the means of expression.

Relationship to other rights

The right to freedom of speech and expression is closely related to other rights, and may be limited when conflicting with other rights (see Limitations on freedom of speech). The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information or determine the opportunity and means in which freedom of expression is manifested within court proceedings. As a general principle freedom of expression may not limit the right to privacy, as well as the honor and reputation of others. However greater latitude is given when criticism of public figures is involved. The right to freedom of expression is particularly important for media, which plays a special role as the bearer of the general right to freedom of expression for all. However, freedom of the press is not necessarily enabling freedom of speech. Judith Lichtenberg has outlined conditions in which freedom of the press may constrain freedom of speech, for example where the media suppresses information or stifles the diversity of voices inherent in freedom of speech. Lichtenberg argues that freedom of the press is simply a form of property right summed up by the principle "no money, no voice".

Origins

Freedom of speech and expression has a long history that predates modern international human rights instruments. It is thought that ancient Athens’ democratic ideology of free speech may have emerged in the late 6th or early 5th century BC. Two of the most cherished values of the Roman Republic were freedom of religion and freedom of speech. In Islamic ethics, freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century AD. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

Freedom of speech, dissent and truth

of what we once considered true has turned out false. Therefore views should not be prohibited for their apparent falsity. Mill also argued that free discussion is necessary to prevent the "deep slumber of a decided opinion". Discussion would drive the onwards march of truth and by considering false views the basis of true views could be re-affirmed.Cite error: A <ref> tag is missing the closing </ref> (see the help page). International, national and regional standards recognise that freedom of speech, as one form of freedom of expression, applies to any medium, including the Internet. The Communications Decency Act (CDA) of 1996 was the first major attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the U.S. Supreme Court partially overturned the law. Judge Stewart R. Dalzell, one of the three federal judges who in June 1996 declared parts of the CDA unconstitutional, in his opinion stated the following:

"The Internet is a far more speech-enhancing medium than print, the village green, or the mails. Because it would necessarily affect the Internet itself, the CDA would necessarily reduce the speech available for adults on the medium. This is a constitutionally intolerable result. Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on the Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar – in a word, "indecent" in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice. We should also protect the autonomy that such a medium confers to ordinary people as well as media magnates. My analysis does not deprive the Government of all means of protecting children from the dangers of Internet communication. The Government can continue to protect children from pornography on the Internet through vigorous enforcement of existing laws criminalizing obscenity and child pornography. As we learned at the hearing, there is also a compelling need for public educations about the benefits and dangers of this new medium, and the Government can fill that role as well. In my view, our action today should only mean that Government’s permissible supervision of Internet contents stops at the traditional line of unprotected speech. The absence of governmental regulation of Internet content has unquestionably produced a kind of chaos, but as one of the plaintiff’s experts put it with such resonance at the hearing: "What achieved success was the very chaos that the Internet is. The strength of the Internet is chaos." Just as the strength of the Internet is chaos, so that strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects."

1. Article 19 of the International Covenant on Civil and Political Rights, Office of the United Nations High Commissioner for Human Rights, adopted and opened for signature, ratification and accession by UN General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976
2. Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights – Australia & Oceania – Australia & New Zealand from All Business...
3. Smith, David (2006-02-05). "Timeline: a history of free speech". The Guardian. London. Retrieved 2010-05-02.
4. "Timeline: a history of free speech" The Guardian. February 5, 2006.
5. HRCR.org
6. Universal Declaration of Human Rights
7. ^ Andrew Puddephatt, Freedom of Expression, The essentials of Human Rights, Hodder Arnold, 2005, pg.128
8. ^ Brett, Sebastian (1999). Limits to tolerance: freedom of expression and the public debate in Chile. Human Rights Watch. pp. xxv. ISBN 978-1-56432-192-3.
9. Sanders, Karen (2003). Ethics & Journalism. Sage. p. 68. ISBN 978-0-7619-6967-9.
10. "Timeline: a history of free speech" The Guardian. February 5, 2006.
11. Raaflaub, Kurt; Ober, Josiah; Wallace, Robert (2007). Origins of democracy in ancient Greece. University of California Press. p. 65. ISBN 0-520-24562-8.
12. "Laura Robinson: Freedom of Speech in the Roman Republic. Pp. xiv+93. Baltimore: J. H. Furst Company, 1940. Paper."
13. Boisard, Marcel A. (July 1980). "On the Probable Influence of Islam on Western Public and International Law". International Journal of Middle East Studies. 11 (4): 429–50.
14. Ahmad, I. A. (June 3, 2002). ""Faith and Reason: Convergence and Complementarity"" (Document). Al-Akhawayn University. {{cite document}}: Unknown parameter |accessdate= ignored (help); Unknown parameter |contribution= ignored (help); Unknown parameter |format= ignored (help); Unknown parameter |url= ignored (help)
15. "6. Henric van Cuyck, Bishop of Roermond (1546–1609). Panegyricae orationes septem. Louvain: Philippus Zangrius, 1596". Ecclesiastical Censorship, “Heresy and Error”: The Ecclesiastical Censorship of Books, 1400-1800. Bridwell Library. Exhibition September 20 – December 17, 2000. Retrieved 26 June 2011. {{cite web}}: Check date values in: |date= (help)
16. ^ Stanford University