Freedom of speech in the context of "Civil liberties"

⭐ In the context of civil liberties, the distinction between 'negative liberty' and 'positive liberty' primarily concerns…

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⭐ Core Definition: Freedom of speech

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 (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart 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 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 public order (ordre public), or of public health or morals".

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👉 Freedom of speech in the context of Civil liberties

Civil liberties are fundamental rights and freedoms that governments pledge not to restrict, either through constitutions, legislation, or judicial interpretation, without due process of law. Although the scope of civil liberties differs between countries, they often include the freedom of conscience, freedom of the press, freedom of religion, freedom of expression, freedom of assembly, personal security, personal liberty, freedom of speech, right to privacy, equality before the law, due process of law, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Libertarians advocate for the negative liberty aspect of civil liberties, emphasizing minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include John Stuart Mill, whose work On Liberty argues for the protection of individual freedoms from government encroachment, and Friedrich Hayek, whose The Road to Serfdom warns against the dangers of expanding state power. Ayn Rand's Atlas Shrugged and Ron Paul's The Revolution: A Manifesto further emphasize the importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government.

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Freedom of speech in the context of Democracy

Democracy (from Ancient Greek: δημοκρατία, romanizeddēmokratía, from dēmos 'people' and krátos 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

In a direct democracy, the people have the direct authority to deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy often include freedom of assembly, association, personal property, freedom of religion and speech, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights.

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Freedom of speech in the context of Voltaire

François-Marie Arouet (French: [fʁɑ̃swa maʁi aʁwɛ]; 21 November 1694 – 30 May 1778), known by his nom de plume Voltaire (/vɒlˈtɛər, vl-/, US also /vɔːl-/; French: [vɔltɛːʁ]), was a French Enlightenment writer, philosopher (philosophe), satirist, and historian. Famous for his wit and his criticism of Christianity (especially of the Catholic Church) and of slavery, Voltaire was an advocate of freedom of speech, freedom of religion, and separation of church and state.

Voltaire was a versatile and prolific writer, producing works in almost every literary form, including plays, poems, novels, essays, histories, and even scientific expositions. He wrote more than 20,000 letters and 2,000 books and pamphlets. Voltaire was one of the first authors to become renowned and commercially successful internationally. He was an outspoken advocate of civil liberties and was at constant risk from the strict censorship laws of the Catholic French monarchy. His polemics witheringly satirized intolerance and religious dogma, as well as the French institutions of his day. His best-known work and magnum opus, Candide, is a novella that comments on, criticizes, and ridicules many events, thinkers and philosophies of his time, most notably Gottfried Leibniz and his belief that our world is of necessity the "best of all possible worlds".

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Freedom of speech in the context of Russian-occupied territories of Ukraine

The Russian-occupied territories of Ukraine are areas of southern and eastern Ukraine that are controlled by Russia as a result of the Russo-Ukrainian War and the ongoing invasion. In Ukrainian law, they are defined as the "temporarily occupied territories". As of 2024, Russia occupies almost 20% of Ukraine and about 3 to 3.5 million Ukrainians are estimated to be living under occupation; since the invasion, the occupied territories lost roughly half of their population. The United Nations Human Rights Office reports that Russia is committing severe human rights violations in occupied Ukraine, including arbitrary detentions, enforced disappearances, torture, crackdown on peaceful protest and freedom of speech, enforced Russification, passportization, indoctrination of children, and suppression of Ukrainian language and culture.

The occupation began in 2014 with Russia's invasion and annexation of Crimea, and its de facto takeover of Ukraine's Donbas during a war in eastern Ukraine. In 2022, Russia launched a full-scale invasion. However, due to fierce Ukrainian resistance and logistical challenges (e.g. the stalled Russian Kyiv convoy), the Russian Armed Forces retreated from northern Ukraine in early April. In September 2022, Ukrainian forces launched the Kharkiv counteroffensive and liberated most of that oblast. Another southern counteroffensive resulted in the liberation of Kherson that November.

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Freedom of speech in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Freedom of speech in the context of Constitution of 1857

The Political Constitution of the Mexican Republic of 1857 (Spanish: Constitución Política de la República Mexicana de 1857), often called simply the Constitution of 1857, was the liberal constitution promulgated in 1857 by Constituent Congress of Mexico during the presidency of Ignacio Comonfort. Ratified on February 5, 1857, the constitution established individual rights, including universal male suffrage, and others such as freedom of speech, freedom of conscience, freedom of the press, freedom of assembly, and the right to bear arms. It also reaffirmed the abolition of slavery, debtors' prisons, and all forms of cruel and unusual punishment such as the death penalty. The constitution was designed to guarantee a limited central government by federalism and created a strong national congress, an independent judiciary, and a small executive to prevent a dictatorship. Liberal ideals meant the constitution emphasized private property of individuals and sought to abolish common ownership by corporate entities, mainly the Catholic Church and indigenous communities, incorporating the legal thrust of the Lerdo Law into the constitution.

A number of articles were contrary to the traditional powers of the Catholic Church, such as the ending of Catholicism as official religion, the nationwide establishment of secular public education, the removal of institutional fueros (legal privileges), and the forced sale of Church property. Conservatives strongly opposed the enactment of the constitution, which polarized Mexican society. The Reform War (1858-1860) began as a result, with liberals winning on the battlefield over conservatives. The losing conservatives sought another way back into power, and their politicians invited Maximilian I of Mexico, a Habsburg, to establish a Mexican monarchy with the Church's support. The republican government-in-domestic-exile was headed by President Benito Juárez as the legitimate Mexican government under the constitution. With the ouster of the French and the defeat of the conservatives in 1867, the Restored Republic was again governed under the 1857 Constitution. The constitution was durable but its provisions not always followed in practice. It was revised in 1874 to create a Senate. It remained as Mexico's constitution until 1917 although many of its provisions ceased to be enforced.

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Freedom of speech in the context of Civil rights

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state.

Civil rights generally include ensuring peoples' physical and mental integrity, life, and safety, protection from discrimination, the right to privacy, the freedom of thought, speech, religion, press, assembly, and movement.

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