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...)
The American Civil Liberties Union (ACLU) is a nonpartisan non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, lobbying, and community education. Founded in 1920 by Roger Baldwin, Crystal Eastman, Helen Keller, and Walter Nelles, the ACLU has over 500,000 members and has an annual budget over $100 million. Local affiliates of the ACLU are active in all 50 states and Puerto Rico. The ACLU provides legal assistance in cases when it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation, or preparation of amicus curiaebriefs expressing legal arguments (when another law firm is already providing representation). When the ACLU was founded in 1920, its focus was on freedom of speech, primarily for anti-war protesters. During the 1920s, the ACLU expanded its scope to include protecting the free speech rights of artists and striking workers, and working with the National Association for the Advancement of Colored People (NAACP) to combat racism and discrimination. In 1940, the ACLU leadership was caught up in the Red Scare, and voted to exclude Communists from its leadership positions. The ACLU was involved in the Miranda case, which addressed misconduct by police during interrogations; and in the New York Times case, which established new protections for newspapers reporting on government activities. In the 1970s and 1980s, the ACLU ventured into new legal areas, defending homosexuals, students, prisoners, and the poor. In the twenty-first century, the ACLU has fought the teaching of creationism in public schools and challenged some provisions of anti-terrorism legislation as infringing on privacy and civil liberties. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policies that have been established by its board of directors. Current positions of the ACLU include: opposing the death penalty; supporting same-sex marriage and the right of gays to adopt; supporting birth control and abortion rights; eliminating discrimination against women, minorities, and homosexuals; supporting the rights of prisoners and opposing torture; supporting the right of religious persons to practice their faiths without government interference; and opposing government preference for religion over non-religion, or for particular faiths over others.
Image 12Eleanor 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 16Orthodox 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 20George 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)
As Chief Justice, Coke restricted the use of the ex officio oath and, in the Case of Proclamations and Dr. Bonham's Case, declared the King to be subject to the law, and the laws of Parliament to be void if in violation of "common right and reason". These actions eventually led to his transfer to the Chief Justiceship of the King's Bench, where it was felt he could do less damage. Coke then successively restricted the definition of treason and declared a royal letter illegal, leading to his dismissal from the bench on 14 November 1616. With no chance of regaining his judicial posts, he instead returned to Parliament, where he swiftly became a leading member of the opposition. During his time as an MP he wrote and campaigned for the Statute of Monopolies, which substantially restricted the ability of the monarch to grant patents, and authored and was instrumental in the passage of the Petition of Right, a document considered one of the three crucial constitutional documents of England, along with the Magna Carta and the Bill of Rights 1689. With the passage of the Petition of Right in 1628, Coke retired to his estates, where he revised and finished his Reports and the Institutes of the Lawes of England before dying on 3 September 1634.
Coke is best known in modern times for his Institutes, described by John Rutledge as "almost the foundations of our law", and his Reports, which have been called "perhaps the single most influential series of named reports". Historically, he was a highly influential judge; within England and Wales, his statements and works were used to justify the right to silence, while the Statute of Monopolies is considered to be one of the first actions in the conflict between Parliament and monarch that led to the English Civil War. In America, Coke's decision in Dr. Bonham's Case was used to justify the voiding of the Stamp Act 1765 and writs of assistance, which led to the American War of Independence, and after the establishment of the United States his decisions and writings profoundly influenced the Third and Fourth amendments to the United States Constitution while necessitating the Sixteenth.
Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.
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