Freedom of speech
In the late 6th or early 5th century BC, ancient Athenian democracy introduced a principle that allowed citizens to speak freely within their assemblies. This early concept of free speech emerged as a core component of their democratic system before any modern international law existed. By the 17th century, English thinkers like John Milton began challenging government licensing orders that restricted the printing press. Milton published his essay Areopagitica in 1644 without an official license from Parliament. He argued forcefully against pre-censorship and favored tolerance for a wide range of views despite theological heresies spreading through printed books. In 1766, Sweden passed the Freedom of the Press Act under Anders Chydenius, which stopped censorship and introduced public access to official records. This act became one of the world's first freedom of the press laws and remained influential for centuries. A Danish edict issued on the 4th of December 1770, proclaimed complete freedom of speech during the regency of Johann Friedrich Struensee. Although Struensee imposed minor limitations later, this marked the first state edict in history declaring total freedom of expression.
John Stuart Mill published On Liberty in 1859, arguing that truth drives out falsity and free expression should not be feared even if ideas appear false. He believed silence was an injustice to basic human rights because opinions carry intrinsic value to their owners. Mill stated that the only justification for suppressing speech is to prevent harm from a clear and direct threat to others. His harm principle suggests power can rightfully exercise over any member of a civilized community only to prevent harm to others. John Milton had earlier defended freedom of expression by defining its scope and opposing pre-censorship in his Protestant worldview. Evelyn Beatrice Hall coined the phrase I disapprove of what you say but I will defend to the death your right to say it in her 1906 biography of Voltaire. Noam Chomsky noted that true freedom of speech means supporting views you despise rather than just those you like. Lee Bollinger argued tolerance is essential for developing social capacity to control feelings evoked by social encounters. Critics argue society must remain concerned about those who directly deny or advocate genocide despite these philosophical defenses.
The Universal Declaration of Human Rights adopted Article 19 in 1948 stating everyone shall have the right to hold opinions without interference. This article later amended by the International Covenant on Civil and Political Rights added special duties and responsibilities allowing certain restrictions. Common limitations relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, privacy rights, dignity, the right to be forgotten, public security, blasphemy and perjury. In the United States, Brandenburg v Ohio decided in 1969 overruled Whitney v California and made political speech protections almost absolute. The Supreme Court discarded the clear and present danger test from previous rulings. Joel Feinberg introduced the offence principle in 1985 arguing criminal prohibition prevents serious offense as opposed to injury or harm to persons other than the actor. Many European countries outlaw speech interpreted as Holocaust denial including Austria Belgium Canada France Germany Hungary Israel Poland Russia Slovakia Switzerland and Romania. In Saudi Arabia journalists are forbidden to write with disrespect toward the royal family religion or government. Jamal Khashoggi was killed in 2018 after criticizing the Saudi Arabian government while entering its embassy in Turkey.
The Internet has been a revolution for censorship as much as free speech according to Jo Glanville editor of Index on Censorship. The Communications Decency Act of 1996 represented the first major attempt by US Congress to regulate pornographic material online. Judge Stewart R. Dalzell declared parts of this law unconstitutional in June 1996 during the Reno v ACLU case. China operates the Great Firewall system blocking content by preventing IP addresses from being routed through standard firewall and proxy servers at internet gateways. This system selectively engages in DNS poisoning when particular sites are requested despite not systematically examining all internet content. As of December 2022 more than 4,000 Russians were prosecuted under fake news laws signed into effect by Vladimir Putin on the 4th of March 2022. These laws introduce prison sentences up to 15 years for spreading false information about Russia's military operation in Ukraine. Reporters without Borders lists Mainland China Cuba Iran Myanmar North Korea Saudi Arabia Syria Turkmenistan Uzbekistan and Vietnam as states engaging in pervasive internet censorship. Awad Al-Qarni faced a death sentence after becoming a victim of Saudi Arabia's internet censorship due to his Twitter and WhatsApp posts.
Freedom of expression is recognized internationally but applied differently across nations with varying cultural values and legal frameworks. Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights protect freedom of speech regionally. In India Article 19 guarantees free speech yet allows government limitations regarding national security and public order among other factors. France protects blasphemy and disparagement of Muhammad under free speech law while Austria does not protect defaming Muhammad as free speech. The Worldwide Governance Indicators project at the World Bank measures Voice and Accountability across more than 200 countries including freedom of expression and media freedom. Research indicates these factors significantly impact governance quality within each nation. The Human Rights Measurement Initiative surveys in-country human rights experts to measure opinion and expression rights globally. Some countries criminalize apostasy or use lèse-majesté laws protecting reigning sovereigns from offense against their dignity. Russia enacted legislation restricting speech concerning LGBT issues using harm and offense principles interpreted culturally and politically relative to local contexts.
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Common questions
When did ancient Athenian democracy introduce the principle of free speech?
Ancient Athenian democracy introduced the principle of free speech in the late 6th or early 5th century BC. This concept emerged as a core component of their democratic system before any modern international law existed.
What was the significance of the Freedom of the Press Act passed by Sweden in 1766?
Sweden passed the Freedom of the Press Act under Anders Chydenius in 1766 which stopped censorship and introduced public access to official records. This act became one of the world's first freedom of the press laws and remained influential for centuries.
How does John Stuart Mill define the justification for suppressing speech?
John Stuart Mill stated that the only justification for suppressing speech is to prevent harm from a clear and direct threat to others. His harm principle suggests power can rightfully exercise over any member of a civilized community only to prevent harm to others.
Which countries outlaw speech interpreted as Holocaust denial?
Many European countries outlaw speech interpreted as Holocaust denial including Austria Belgium Canada France Germany Hungary Israel Poland Russia Slovakia Switzerland and Romania.
When did Vladimir Putin sign fake news laws that prosecute Russians for spreading false information about Ukraine?
Vladimir Putin signed fake news laws into effect on the 4th of March 2022. As of December 2022 more than 4,000 Russians were prosecuted under these laws which introduce prison sentences up to 15 years for spreading false information about Russia's military operation in Ukraine.