Portal:Freedom of speech

The Freedom of speech portal

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...)

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Article 14 of the Constitution of Singapore guarantees the rights to freedom and expression, peaceful assembly without arms and association, although these rights are not absolute.
Article 14 of the Constitution of the Republic of Singapore, specifically Article 14(1), guarantees to Singapore citizens the rights to freedom of speech and expression, peaceful assembly without arms, and association. However, the enjoyment of these rights may be restricted by laws imposed by the Parliament of Singapore on the grounds stated in Article 14(2) of the Constitution. There are two types of grounds. For the first type, it must be shown that restricting the rights is "necessary or expedient in the interest" of the grounds. The grounds are the security of Singapore and public order (applicable to all three rights protected by Article 14(1)), morality (freedom of speech and freedom of association), and friendly relations with other countries (freedom of speech only). In a 2005 judgment, the High Court expressed the view that the phrase necessary or expedient confers upon Parliament "an extremely wide discretionary power and remit that permits a multifarious and multifaceted approach towards achieving any of the purposes specified in Art 14(2) of the Constitution". It is unnecessary for the courts to determine whether a legislative restriction of a right is reasonable. All that is required is a nexus between the objective underlying the restrictive law and one of the grounds specified in Article 14(2) that Parliament is entitled to restrict the right on.

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Hugo Black
Hugo LaFayette Black (1886 – 1971) was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme Court by President Franklin D. Roosevelt and confirmed by the Senate by a vote of 63 to 13. He was first of nine Roosevelt nominees to the Court, and outlasted all except for William O. Douglas. Black is widely regarded as one of the most influential Supreme Court justices in the 20th century. The fifth longest-serving justice in Supreme Court history, Black is noted for his advocacy of a textualist reading of the United States Constitution and of the position that the liberties guaranteed in the Bill of Rights were imposed on the states ("incorporated") by the Fourteenth Amendment. During his political career, Black was regarded as a staunch supporter of liberal policies and civil liberties. However, Black consistently opposed the doctrine of substantive due process (the anti-New Deal Supreme Court cited this concept in such a way as to make it impossible for the government to enact legislation that interfered with the freedom of business owners) and believed that there was no basis in the words of the Constitution for a right to privacy, voting against finding one in Griswold v. Connecticut. Black also endorsed Roosevelt in both the 1932 and 1936 US Presidential elections and was a staunch supporter of the New Deal.

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Jörg Haider

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