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Blog Post 3-“Should there be limits to freedom of speech?”

Hi everyone! Welcome to my third blog post. In case you are new, I am doing an inquiry project with the question “Should there be limits to freedom of speech?” In this post, I am going to be doing my first round of research to understanding freedom of speech and its importance.

What does freedom of speech mean?

Freedom of speech is the right for an individual or a community to express their opinions and ideas without fear of interception. This right has terms such as free speech, freedom of speech, and freedom of expression. It is considered a human right and comes in forms. It is not just saying whatever you want, whenever you want; it also includes the right to look for, receive, and impart information through different forms like writing, art, or online communication. This right is protected by international human rights law and in countries’ constitutions (1)

Common ways it is expressed:

  • Political speech
  • Art
  • Media/Social Media
  • Protest

It is considered a human right because everyone should be able to have the freedom of expression. It enables dialogue, builds understanding, and increases public knowledge. Our knowledge expands, which helps us and other communities. (2)

How different countries use freedom of speech.

Every country has different rights for freedom of speech. In The Canadian Charter, section 2 says that everyone has the freedoms of “thought, belief, opinion and expression, including freedom of the press and other media of communication.” (3) The right has its limits such as Criminal Code and Human Rights provisions limiting hate speech, municipal by-laws that regulate signage or where protests may take place, civil defamation actions, and restrictions placed on press freedoms. (4)

The US is similar. In the U.S. Constitution the first amendment states “Congress shall make no law … abridging the freedom of speech.” (3) They have limits to freedom of speech as Canada. The US is very keen on letting American’s have the right to freedom of speech. While in the first amendment they do protect freedom of speech, they technically also protect hate speech. The reason for that being is that there is no legal definition for it because it can be in any form of expression. (5)

I am not saying that this is not also happening in Canada, because it does, but Canada has stricter laws when it comes to freedom of speech. Showing that freedom of speech is different everywhere.

What is next?

In my next post, I will be discussing limiting freedom of speech (getting more into the limits/hate speech topic).

Sources:

Wikipedia Contributors. “Freedom of Speech.” Wikipedia, Wikimedia Foundation, 15 Jan. 2019, en.wikipedia.org/wiki/Freedom_of_speech.  (1)

ARTICLE 19. “What Is Freedom of Expression?” ARTICLE 19, www.article19.org/what-is-freedom-of-expression/. (2)

Greenawalt, Kent. “Free Speech in the United States and Canada.” Law and Contemporary Problems, vol. 55, no. 1, 1992, p. 5, https://doi.org/10.2307/1191755. (3)

“Freedom of Expression.” CCLA, ccla.org/our-work/fundamental-freedoms/freedom-of-expression/. (4)

Ward, Kenneth. “Hate Speech and Hate Crime.” American Library Association, 12 Dec. 2017, www.ala.org/advocacy/intfreedom/hate. (5)

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