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Journal articles on the topic 'Freedom of speech'

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Published: 4 June 2021

Last updated: 31 July 2024

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1

PANKRATOVA, Viktoriia. "The principle of freedom of speech during the effect of martial state in Ukraine: certain legal aspects." Economics. Finances. Law 3/2024, no. - (March 29, 2024): 115–18. http://dx.doi.org/10.37634/efp.2024.3.24.

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Introduction. The paper focuses on a topical topic - the effect of the principle of freedom of speech in martial law conditions in Ukraine. It is noted that in the context of modern global realities, where the preservation of national security becomes the highest priority for the state, the issue of limiting freedom of speech in the conditions of martial law. In this context, the question arises of ensuring the rights and freedoms of citizens, in particular, freedom of speech, which is traditionally one of the fundamental values of a democratic society. The purpose of the paper is to investigate the legal aspects of the principle of freedom of speech during martial law in Ukraine. Results. The author emphasizes that the influence of martial law on freedom of speech in Ukraine is enormous because the ongoing war in Ukraine has a significant impact on freedom of speech. In this regard, during the martial law in Ukraine, freedom of speech is limited. In particular, some mass media were forced to suspend their work because their activities could be considered a violation of martial law. The paper analyzes leading scientists' approaches to limiting freedom of speech during martial law. They consider the conflict between ensuring national security and preserving citizens' fundamental rights and freedoms. The author summarizes that the scientific approach to restrictions on freedom of speech under martial law includes: an analysis of constitutional principles; the relationship with international law; the role of the Constitutional Court is to ensure legality and protect the rights of citizens. Conclusion. The work summarizes that the scientific analysis of freedom of speech during wartime not only contributes to deepening the understanding of the problems of this sphere but also indicates the need to develop effective mechanisms for its protection in crises. It is summarized that restrictions on freedom of speech are possible during wartime.

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2

Bezborodov, Yu S. "LEGAL-THEORETICAL ANALYSIS OF FREEDOM OF SPEECH IN THE UNIVERSAL AND REGIONAL DIMENSION: THE EDGE OF REASON." Bulletin of Udmurt University. Series Economics and Law 31, no. 4 (August 12, 2021): 721–28. http://dx.doi.org/10.35634/2412-9593-2021-31-4-721-728.

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In the theory of law, freedom of speech, which has a long history of formation, continuing even now - with the crystallization of this freedom by international institutions, remains the most important and necessary element of the functioning of civil society and the building of the rule of law. In the legal plane, being initially enshrined at the international level - universal and regional - this freedom faces serious obstacles to its realization and protection at the national level, where it collides with other rights and freedoms, including freedom of religion, as well as with the interests of society and the state which are often difficult to establish. One of the fundamental issues related to the realization of freedom of speech is the question of the absoluteness and limitations of this freedom. Restrictions on freedom of speech, established normatively and developed by practice at the universal and European regional international legal level, are associated with considerations of morality, social interests and values, necessity and security. These approaches developed at different levels of regulation are mutually consistent and complement each other, building a paradigm that is much needed by general international law in a uniform understanding of human rights and freedoms. Despite the established restrictions, in practice, contradictions and misunderstandings continue to arise related to the implementation of freedom of speech at the national level. This work attempts to correlate freedom of speech with restrictions on this freedom by states bound by security interests, morality and ethics. The article proposes an effective way to solve the problem of limiting freedom of speech and delimiting it from other freedoms: increasing the responsibility of states for violating human rights and freedoms by changing its form, and strengthening the jurisdiction of already existing international bodies for the protection of human rights, especially conventions.

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3

Bonotti, Matteo. "Religion, hate speech and non-domination." Ethnicities 17, no. 2 (March 9, 2017): 259–74. http://dx.doi.org/10.1177/1468796817692626.

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In this paper, I argue that one way of explaining what is wrong with hate speech is by critically assessing what kind of freedom free speech involves and, relatedly, what kind of freedom hate speech undermines. More specifically, I argue that the main arguments for freedom of speech (e.g. from truth, autonomy and democracy) rely on a ‘positive’ conception of freedom intended as autonomy and self-mastery or as collective self-government, and can only partially help us to understand what is wrong with hate speech. In order to fully grasp the wrongness of hate speech and to justify hate speech legislation, I claim, we need to rely instead on the republican idea of freedom as ‘non-domination’. I conclude that the hate speech used by religious citizens, even though it is a manifestation of their religious freedom, should be subject to the same restrictions that apply to other citizens’ hate speech, because republicans should be concerned with the undominated (i.e. robustly secured) religious freedom of all religious citizens and, more generally, with the undominated freedoms of all citizens, including those who are victims of religious hate speech.

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4

Novikov, Vladimir. "Freedom of Speech." Russian Studies in Literature 29, no. 4 (October 1993): 57–63. http://dx.doi.org/10.2753/rsl1061-1975290457.

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5

Robie, David. "Freedom of speech." Pacific Journalism Review : Te Koakoa 8, no. 1 (June 1, 2002): 105–19. http://dx.doi.org/10.24135/pjr.v8i1.734.

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In spite of the hot air about governments pressuring the media in Pacific countries—and this does happen all too frequently—I believe a greater threat to press freedom comes from a small clique of media veterans, many of whom are of palagi origin, who have disproportionate influence. [Keynote address at the inaugural Pacific Islands Media Association (PIMA) conference in Auckland, 5-6 October 2001.]

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6

Agnew, Thelma. "Freedom of speech." Nursing Standard 12, no. 42 (July 8, 1998): 12. http://dx.doi.org/10.7748/ns.12.42.12.s31.

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7

Jadacki, Jacek. "Freedom of speech." Analiza i Egzystencja 40 (2017): 111–25. http://dx.doi.org/10.18276/aie.2017.40-06.

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8

Hochberg, Leigh R., and Sydney S. Cash. "Freedom of Speech." New England Journal of Medicine 385, no. 3 (July 15, 2021): 278–79. http://dx.doi.org/10.1056/nejme2106392.

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9

Post, Robert C., and Eric Barendt. "Freedom of Speech." American Journal of Comparative Law 36, no. 1 (1988): 174. http://dx.doi.org/10.2307/840191.

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10

Maxman, Melissa H., and Eric Barendt. "Freedom of Speech." Michigan Law Review 85, no. 5/6 (April 1987): 947. http://dx.doi.org/10.2307/1289024.

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11

&NA;. "Freedom of speech?" Nursing 43, no. 6 (June 2013): 6. http://dx.doi.org/10.1097/01.nurse.0000429810.87471.60.

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12

Suttner, Raymond. "Freedom of Speech." South African Journal on Human Rights 6, no. 3 (January 1990): 372–93. http://dx.doi.org/10.1080/02587203.1990.11827820.

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13

Ion, Diaconu. "Freedom of Information and Racist Speech." Russian Law 2013, no. 1 (April 1, 2013): 119–30. http://dx.doi.org/10.18572/1811-9077/2013-1-119-130.

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14

Ternovaya, L. O., and T. A. Mironova. "Freedom of speech in universities: between competence and geopolitics." Обозреватель–Observer, no. 1 (February 22, 2024): 77–86. http://dx.doi.org/10.48137/2074-2975_2024_1_77.

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Academic freedoms, including freedom of speech, were one of the fundamental pillars of the university system. They allowed the European medieval society to consolidate and form nation-states. But in their competition, freedom of speech was seen by the authorities as an obstacle to achieving world leadership. With the end of the Cold War, the perception of freedom of speech changed, on the one hand enhancing the freedom of movement of students, but on the other hand limiting it to a utilitarian approach to learning.

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15

Sobczak, Jacek. "Wolność wypowiedzi a zjawisko manipulacji przekazem prasowym." Przegląd Politologiczny, no. 3 (November 2, 2018): 17–42. http://dx.doi.org/10.14746/pp.2012.17.3.2.

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The legal concept of human liberties and rights, including freedom of speech, is secondary to philosophical assumptions. Certainty of where the border between authority and freedom lies leaves the issue of the actual range of freedom unresolved. There is no, and there can be no absolute freedom, and the borders of every freedom are defined by legal regulations. This raises the question of whether a democratic state, a state of law, can make regulations in the realm of human rights and freedoms. In international relations, human rights are the foundation of all humanitarian law. There can be no violation of human rights in democratic states. The Constitution of Poland prioritizes human freedoms and rights in the constitutional hierarchy. Freedom of speech is placed particularly high in the hierarchy of liberties encompassed by human rights. Freedom of speech is guarded not only by Constitutional regulations but also detailed laws, which simultaneously establish the limits of the freedom of speech. These limits are also set by ethical norms. Journalists attempt to get around the legal limits that establish the framework of freedom and the barriers posed by codes of ethics, by means of manipulation of press releases. Manipulating society, journalists become a tool of authorities that are frequently not elected, not sovereign and are in fact acting on behalf of entities that remain anonymous and whose goals are undisclosed.

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16

Ivanova, Xenia A., and Alexander A. Stepanov. "Restrictions of the freedom of speech in France in the digital technologies era." Law Enforcement Review 3, no. 1 (April 26, 2019): 15–23. http://dx.doi.org/10.24147/2542-1514.2019.3(1).15-23.

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The subject. The article reveals an understanding of the freedom of speech in French law The purpose of the article is to identify the contents of freedom of speech in the French law and to determine the boundaries of its implementation in the Internet as well as to confirm or refute the hypothesis that both the freedom of speech and the definition of the boundaries of that freedom meets the purposes of protection of human rights. The description of methodology. General scientific methods ‐ analysis, synthesis, induction, deduction, comparison ‐ were used. The authors also use the formal legal interpretation of French judicial decisions and content‐analysis of press.The main results and scope of their application. Freedom of speech is one of the foundations of French society, but it has become necessary to revise a number of rules governing freedom of speech and imposing restrictions due to widespread using of Internet in people’s life. So exceptions from freedom of speech are embedded in national legislation, despite the fact that the basis for the legal regulation of freedom of the media in a democratic society is to ensure non‐interference of the state in the content of production and dissemination of information. In some countries exceptions to freedom of speech are expressed primarily in the form of rules aimed at preventing abuses of freedom of the mass media and serving as a basis for sanctions against media editorial boards. The authors also cite actual examples of the realization of the freedom of speech in France, and draw conclusions about the possibilities for the development of this right. The proposed analysis may be used as a basis for improvement national legislation concerning limitations of freedom of speech.Conclusions. Freedom of speech and freedom of the media are not absolute in France. In order to fulfil its function of protecting and guaranteeing rights and freedoms, the state must pay equal attention both to ensuring freedom of speech (including the independence of the press, access to information) and to defining the limits of this freedom in order to prevent its unlawful abuse. Any freedom turns into chaos without proper boundaries.

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17

Freiman, Christopher, and Javier Hidalgo. "Liberalism or Immigration Restrictions, but Not Both." Journal of Ethics and Social Philosophy 10, no. 2 (June 7, 2017): 1–23. http://dx.doi.org/10.26556/jesp.v10i2.99.

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This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay.

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18

Mokhonchuk, Bohdan, and Pavlo Romaniuk. "Towards a Legal Framework That Protects Freedom of Expression in Electoral Processes." Baltic Journal of European Studies 9, no. 3 (September 1, 2019): 43–62. http://dx.doi.org/10.1515/bjes-2019-0021.

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AbstractIn democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.

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19

Medvedieva, M., E. Dibrivna, and R. Kuharchuk. "«HATE SPEECH» IN INTERNATIONAL AND EUROPEAN LEGAL CONTEXT." Actual Problems of International Relations, no. 133 (2017): 95–105. http://dx.doi.org/10.17721/apmv.2017.133.0.95-105.

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It is proved that the term hate speech used in international legal discourse does not have a generalized and precise definition. It is noted that when using the term «hate speech» there is a conflict between the right to freedom of expression and the prohibition of discrimination on any grounds. It is emphasized that the concept of «hate speech» in its current use contradicts the fundamental principle of the rule of law, because it represents a threat to the democratic foundation of society. The unconditional introduction of the concept of «hate speech» into the laws of European states may endanger the right to freedom of expression, freedom of religion and freedom of assembly, as it provides grounds for establishing unreasonable restrictions on the exercise of these rights and freedoms.

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20

Yong, Caleb. "Does Freedom of Speech Include Hate Speech?" Res Publica 17, no. 4 (July 13, 2011): 385–403. http://dx.doi.org/10.1007/s11158-011-9158-y.

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21

Park, Byung Jin. "Crossover Freedom of Speech." Recht Innovativ 5, no. 2 (July 2021): 18–20. http://dx.doi.org/10.1007/s43442-021-0077-x.

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22

Stevens, John Paul. "The Freedom of Speech." Yale Law Journal 102, no. 6 (April 1993): 1293. http://dx.doi.org/10.2307/796971.

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23

Binderup, L. "GLOBAL FREEDOM OF SPEECH." Trames. Journal of the Humanities and Social Sciences 11, no. 4 (2007): 403. http://dx.doi.org/10.3176/tr.2007.4.05.

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24

PATON, EWAN. "Respecting Freedom of Speech." Oxford Journal of Legal Studies 15, no. 4 (1995): 597–610. http://dx.doi.org/10.1093/ojls/15.4.597.

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25

Ayittey, George. "African freedom of speech." Index on Censorship 16, no. 1 (January 1987): 16–19. http://dx.doi.org/10.1080/03064228708534188.

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26

Heins, Marjorie. "The freedom of speech." Index on Censorship 19, no. 1 (January 1990): 4. http://dx.doi.org/10.1080/03064229008534749.

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27

Purnell, Howard F. "Blasphemy — Freedom of Speech." Australian Journal of Forensic Sciences 22, no. 1 (September 1989): 19–22. http://dx.doi.org/10.1080/00450618909411013.

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28

Suryavanshi, Surbhi. "Article 19A Freedom of Speech and Expression." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 1430–33. http://dx.doi.org/10.31142/ijtsrd17131.

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29

Idrisov, H. V. "Freedom of thought, speech and expression: some problems of formulation and determining boundaries in relation to the impact of a religious factor." Law Enforcement Review 6, no. 1 (March 23, 2022): 33–49. http://dx.doi.org/10.52468/2542-1514.2022.6(1).33-49.

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The subject of study. The article examines certain aspects to realize freedom of thought and expression, as well as the acceptable limits. Freedom of thought, speech and expression issues are considered separately in the context of the religious component, its characteristics in the Islamic religion. The provisions of the main sources in the Muslim system of law – the Holy Quran and the Sunnah of the Prophet and Messenger of Muhammad (May Allah bless him) have been studied in sufficient details. The legal analysis on the issues under consideration was carried out based on doctrinal opinions, the current Russian and international legal acts, judicial practice, including the practice of the European Court of Human Rights. The article describes extremism through the prism of freedom of thought, speech and expression. It is noted that extremist activity is one of the consequences of misinterpretation, true awareness and perception of freedom of thought, speech and expression.The purpose of the study. The main purpose of the study is to clarify the origins of conflicts in the process of realizing freedom of thought, speech and expression, and substantiate the hypothesis that freedom of thought, speech and expression should have certain boundaries, especially in context of the influence of the religious factor.The methodology of the study. The study is based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific methods (systemic method, logical method, method of analysis and synthesis) and special scientific methods. Among the latter there are formal legal method, linguistic method, comparative legal method, which have found their application in the legal analysis to realize freedom of thought, speech and expression.Conclusions. As a result, it is emphasized that freedom of thought, speech and expression is the achievement of modern mankind, one of the foundations of a democratic system and an element of civil society. The state-guaranteed opportunity for individuals to exercise these freedoms in society is a guarantee of a "healthy" society in the legal sense. However, as practice shows, unlimited freedom leads to its abuse, thereby infringing on the freedoms of other individuals and therefore, freedom of speech and its expression presupposes the existence of boundaries outlined by the state in the interests of society. The specifics of freedom of thought, speech and expression in the Muslim system of law based on the Holy Quran and the Sunnah of the Prophet (May Allah bless him), is that this freedom ends where the border line begins, designated by the law of the Most High.

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30

Curtis, Michael Kent. "DEMOCRATIC IDEALS AND MEDIA REALITIES: A PUZZLING FREE PRESS PARADOX." Social Philosophy and Policy 21, no. 2 (June 4, 2004): 385–427. http://dx.doi.org/10.1017/s0265052504212122.

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Freedom of speech, press, assembly, and petition have long been celebrated as crucial to democratic government. (I will often refer to these rights collectively as ‘freedom of expression’ or as ‘freedom of speech’.) United States Supreme Court decisions have, quite rightly, justified strong protection of these freedoms because of their crucial role in the functioning of American democracy. (Of course, there are other justifications as well, but I will not discuss them in this paper.)

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31

Gerber, Scott D. "THE POLITICS OF FREE SPEECH." Social Philosophy and Policy 21, no. 2 (June 4, 2004): 23–47. http://dx.doi.org/10.1017/s026505250421202x.

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Freedom of speech long has been regarded as one of the “preferred freedoms” in the United States: one of the freedoms the U.S. Supreme Court deems “implicit in the concept of ordered liberty.” However, what freedom of speech does—and should—mean is a highly charged question in American constitutional law. I will explore this question by examining how several prominent constitutional theorists have proposed particular approaches to free speech law in order to further their political objectives. I will examine the free speech theories of the nation's leading feminist legal theorist (regarding pornography), critical race theorists (regarding hate speech), libertarian (regarding commercial speech), and legal republican (regarding deliberative democracy). I also will discuss the principal criticisms of each of these theories, whether the courts have been influenced by any of them, and, in conclusion, whether it is possible to advance a nonpolitical (i.e., a purely law-based or value-free) theory of free speech.

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32

Akram, Ujala. "Freedom of Speech, Freedom of Religion and Islam." European Journal of Law Reform 16, no. 2 (June 2014): 353–76. http://dx.doi.org/10.5553/ejlr/138723702014016002009.

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33

Pankratova, V. O. "The right to freedom of speech: theoretical and legal aspect." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 81–84. http://dx.doi.org/10.24144/2788-6018.2024.02.11.

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The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. Documents were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. The author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding "freedom of speech” are described. It was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. The article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.

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Stevens, Sean T., Lee Jussim, and Nathan Honeycutt. "Scholarship Suppression: Theoretical Perspectives and Emerging Trends." Societies 10, no. 4 (October 27, 2020): 82. http://dx.doi.org/10.3390/soc10040082.

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This paper explores the suppression of ideas within an academic scholarship by academics, either by self-suppression or because of the efforts of other academics. Legal, moral, and social issues distinguishing freedom of speech, freedom of inquiry, and academic freedom are reviewed. How these freedoms and protections can come into tension is then explored by an analysis of denunciation mobs that exercise their legal free speech rights to call for punishing scholars who express ideas they disapprove of and condemn. When successful, these efforts, which constitute legally protected speech, will suppress certain ideas. Real-world examples over the past five years of academics that have been sanctioned or terminated for scholarship targeted by a denunciation mob are then explored.

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程源中, 程源中. "沒有「言論」的言論自由──言論自由作為對抗特定管制的權利." 政大法學評論 176, no. 176 (March 2024): 277–368. http://dx.doi.org/10.53106/102398202024030176005.

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36

Muchammad Ibnu Shiina Al Musyaawi and Mochammad Rafi Pravidjayanto. "Urgensi Konstruksi Hukum Freedom of Speech dan Limitasinya Dalam Rancangan Undang-Undang Kitab Undang-Undang Hukum Pidana." Jurist-Diction 7, no. 2 (April 19, 2024): 325–40. http://dx.doi.org/10.20473/jd.v7i2.56123.

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Abstract There is a need to develop a paradigm in the formation of regulations that protect it freedom of speech as a form of human right in Indonesia in the future and forms the legal construction of the application of restrictions on freedom of speech in a good Criminal Code Bill. So, it doesn't hurt freedom of speech which is part of human rights in Article 28E paragraph (3) of the 1945 Constitution. This research is directed at constructing norms that can be adopted in the Draft Criminal Code regarding criminal acts related to freedom of speech such as pollution, insults, slander and so on. This research uses a juridical-normative method with a conceptual approach to freedom of speech in the Draft Criminal Code and a comparative approach between freedom of speech in Indonesia and the basic rules in the Universal Declaration of Human Rights. The results of this research are in the form of norms that must exist in limiting freedom of speech which can be implemented in the Criminal Code Bill and the development of human rights regulations in Indonesia, especially regarding freedom of speech. Abstrak Perlunya pengembangan paradigma dalam pembentukan regulasi yang menjaga freedom of speech sebagai salah satu bentuk hak asasi manusia di Indonesia untuk kedepannya, dan membentuk konstruksi hukum penerapan pembatasan freedom of speech dalam RUU KUHP yang baik. Sehingga, tidak mencederai freedom of speech yang merupakan bagian dari hak asasi manusia dalam Pasal 28E ayat (3) Undang-Undang Dasar 1945. Penelitian ini diarahkan untuk mengkontruksi norma yang dapat diadopsi dalam RUU KUHP mengenai tindak pidana yang berhubungan dengan freedom of speech seperti pencemaran, penghinaan, fitnah dan sebagainya. Penelitian ini menggunakan metode yuridis-normatif dengan pendekatan konseptual freedom of speech dalam RUU KUHP dan pendekatan komparatif antara freedom of speech di negara Indonesia dan aturan dasar dalam Deklarasi Universal Hak Asasi Manusia. Hasil penelitan ini berupa norma yang harus ada dalam pembatasan freedom of speech yang dapat diimplementasikan dalam RUU KUHP dan pengembangan regulasi hak asasi manusia di Indonesia terutama mengenai freedom of speech.

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37

Villiers, Bertus De. "Freedom of Expression and Hate Speech: When Values Collide in Divided Societies." Constitutional Review 8, no. 2 (December 30, 2022): 184. http://dx.doi.org/10.31078/consrev821.

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One of the thorniest issues in law, especially concerning the boundaries of what is reasonable and proportionate, is the distinction between freedom of expression and hate speech. Striking a balance between freedom of expression and hate speech is, however, not a mere exercise in theory; it goes to the core of respect of individual rights and freedoms. To one person, uttering speech pursuant to the right to free expression is essential for a free and open democratic society; whereas another person, offended by what they perceive as hatred, can experience such speech as an attack on their identity and self-worth, causing harm, fear and anxiety that deny their individual rights to equality, identity and dignity. This paper gives a brief overview of jurisprudential developments in international law concerning speech that may fall within the category of hate speech, whereafter two prominent South African judgments by the Equality Court are discussed. Those two judgments highlight the complexities in determining when speech can be regarded as hate speech; what test is applied to ascertain whether speech constitutes hate speech; what evidence is required for a finding to be made; and the effect of a declaratory order. The two judgments discussed, the Nelson Mandela Trust and Ors v. AfriForum and Ors (Old Flag case 2019) and the AfriForum and Economic Freedom Fighters and Ors (Kill the Boer Case 2022), attempted to determine the line that separates freedom of expression from hate speech. The judgments, perhaps not unexpectedly, have given rise to more questions than answers. The inconsistency in comparative jurisprudence reaffirms that the labelling of speech as hate speech should be reserved for the most extreme forms of speech; it should be proportionate to the speech, including who expressed it, where and when; and any declaration should only be directed at the specific incident and not restrict speech in general.

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Asad, Noman, and Rida Ahmad. "An Analysis of the Right of Freedom of Speech and Expression: A Case Study of Pakistan." Current Trends in Law and Society 2, no. 1 (December 31, 2022): 09–22. http://dx.doi.org/10.52131/clts.2022.0201.0007.

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Freedom of expression includes not just the right to free speech but also the freedom to practice one's religion, exercise unrestricted democratic rights, access the media, and live without prejudice. However, these freedoms are not well protected by the existing dictatorial statutory framework. Religious leaders and a few other institutions regularly exploit the exceptions provided by the right to free expression to incite intolerance, accuse Muslims and other minority groups of committing sacrilege and restrict access to information due to "public safety" concerns. This research article seeks to explore the actual situation of fundamental rights protected by the constitution of Pakistan especially freedom of speech. In the last few years, we can see that there is a steep rise in the number of victims targeted because they expressed their views freely. Freedom of speech does not extend to public speaking only it also includes columns, editorials, journals, books, blogs or even expressing themselves on social media is also included in freedom of speech and recently the government passed the PECA act which limit or put restriction on fundamental freedom secured by the constitution to intimidate the populace. The author also aims to show the reasons, how, and why freedom of speech is limited or repressed. The author will also investigate the possible consequences and solutions available to solve this issue. Indeed, sexual harassment will not halt by simply ignoring it. The author will even try to highlight the fact that the government must protect and secure fundamental liberties enjoyed by people and not limit them.

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39

Schwartz, Joel. "Freud and Freedom of Speech." American Political Science Review 80, no. 4 (December 1986): 1227. http://dx.doi.org/10.2307/1960865.

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Sarmiento, Augusto. "Infringing on Freedom of Speech." Journal of Bone and Joint Surgery-American Volume 93, no. 2 (January 2011): 222. http://dx.doi.org/10.2106/jbjs.j.00888.

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Newey, Glen. "Denial Denied: Freedom of Speech." Amsterdam Law Forum 2, no. 1 (December 14, 2009): 63. http://dx.doi.org/10.37974/alf.100.

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Hansson, Sven Ove. "Philosophy and Freedom of Speech." Theoria 82, no. 1 (January 4, 2016): 1–2. http://dx.doi.org/10.1111/theo.12086.

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Badamchi, Devrim Kabasakal. "Justifications of freedom of speech." Philosophy & Social Criticism 41, no. 9 (December 24, 2014): 907–27. http://dx.doi.org/10.1177/0191453714564457.

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Bailey, William. "Freedom of Speech in Prisons." Free Speech Yearbook 26, no. 1 (January 1987): 104–16. http://dx.doi.org/10.1080/08997225.1987.10556080.

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Schwartz, Joel. "Freud and Freedom of Speech." American Political Science Review 80, no. 4 (December 1986): 1227–48. http://dx.doi.org/10.1017/s0003055400185089.

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In this essay I develop a psychoanalytic defense of freedom of speech that is implicit in Freud's works, principally in his discussions of verbal slips and jokes. Freud argues that freedom of speech benefits people by providing a harmless outlet for aggression, suggesting that it is better to express aggression in words than in violent deeds or to repress it altogether. The psychoanalytic defense of free speech has affinities with various liberal defenses, but it is partial because apolitical; it emphasizes the emotional self-expression of speakers as opposed to the rational persuasion of listeners. The intellectual roots of the contemporary concern with “freedom of expression” (as opposed to “freedom of speech”) can be found in Freud: to focus on freedom of expression is to ignore the qualitative differences among forms of self-expression and to neglect the specifically political character of speech.

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Lewis, D. "Freedom of Speech and Employment." Industrial Law Journal 32, no. 1 (March 1, 2003): 72–74. http://dx.doi.org/10.1093/ilj/32.1.72.

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Prystupenko, T. O. "Freedom of speech in Ukraine." Science and Education a New Dimension VI(169), no. 28 (June 29, 2018): 42–45. http://dx.doi.org/10.31174/send-hs2018-169vi28-09.

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Crown, Allan. "Blasphemy and Freedom of Speech." Australian Journal of Forensic Sciences 22, no. 1 (September 1989): 12–18. http://dx.doi.org/10.1080/00450618909411012.

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Wilhelm, Dagmar. "Freedom of Speech and Democracy." Feminist Dissent, no. 6 (December 9, 2022): 39–66. http://dx.doi.org/10.31273/fd.n6.2022.1262.

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In recent years ‘freedom of speech’ has been hotly contested, at times weaponised in political debates. Policies of ‘no-platforming’ and at times strong reactions, even protests, against certain speech have led some to worry about what they call ‘cancel culture’. In addition to the explicit fight over freedom of speech seen, for example, in current feminist debates, the last 18 months have seen a rise in the popularity and presence of conspiracy theories, including theories about Covid vaccinations and the Covid pandemic. Mixed in with the so-called ‘anti-vaxxers’ are a medley of conspiracy theorists ranging from climate change deniers, supporters of ‘ethnic replacement conspiracy theories’ through to the astonishingly long-lived, antisemitic myths about child sacrifice and world domination. The spread of such conspiracy theories is problematic if they directly or indirectly cause harm. Anti-vaccination conspiracy theories are harmful if they facilitate the spread of a deadly disease, or if they spread misinformation and thereby vilify (marginalised) individuals or groups and undermine the trust necessary for peaceful coexistence and cooperation in democratic societies. However – while concern about such harms is important – freedom of speech is often regarded as such a basic right that any infringement has been considered harmful in itself. In this article I will look at two examples that pose challenges to freedom of speech and analyse them with reference to what I take to be the most plausible account of the grounds and scope of freedom of speech, a democratic defence of freedom of speech. Seeing freedom of speech as primarily grounded in democracy has important implications in situations when speech can be seen as harmful in a relevant sense and in consideration of what we can or should do about harmful speech. In the end I will suggest a possible way of weighing up value and dangers with respect to the cases and also in a broader sense.

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Fitzgibbons, Mark J. "Advocacy and freedom of speech." New Directions for Philanthropic Fundraising 1996, no. 13 (1996): 85–98. http://dx.doi.org/10.1002/pf.41219961309.

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