PERSECUTION AND THE ART OF FREEDOM: ALEXIS DE TOCQUEVILLE ON THE IMPORTANCE OF FREE PRESS AND FREE SPEECH IN DEMOCRATIC SOCIETY

2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Freedom Of The Press ◽  
Alexis De Tocqueville ◽  
Free Society ◽  
Free Press ◽  
Constituent Element ◽  
The Press ◽  
The Right ◽  
Shed Light

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.

scholarly journals The Evolution of Student Free Speech: Tinker and Beyond

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 94
Author(s):  
John Dayton ◽  
Betul Tarhan
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Educational Institutions ◽  
Public Higher Education ◽  
Free Society ◽  
Student Speech ◽  
The Press ◽  
The Right ◽  
K 12 ◽  
Free Speech Rights

There are no secure rights without the right of free speech. Free speech is the right that is necessary to defend all other rights. Student free speech is an essential foundation for societal free speech. We will not have a society that values and protects free speech without valuing and protecting free speech for students. Schools must serve as the essential nurseries of our democracy and as examples of the responsible exercise of rights in a free society including free speech. We cannot expect students to spend most of their waking hours in institutions devoid of meaningful rights to freedom of speech and then emerge as adults prepared to exercise and defend democratic freedoms including free speech. Students who learn to exercise free speech rights in schools are more likely to become adults ready to exercise free speech rights in a civil democracy. This article addresses the ongoing evolution of student free speech rights in the U.S., providing a brief overview of free speech law; a review of student speech law in public K-12 schools and in public higher education institutions; a guide to applying the Tinker test in practice; a discussion of the continuing evolution of student speech law in public educational institutions; a review of freedom of the press in public educational institutions; and conclusions on the evolution of student speech.

Freedom of Speech: is it the Primary Right?

1996 ◽  
Vol 45 (2) ◽  
pp. 253-270 ◽  
Author(s):  
Sydney Kentridge
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Public Affairs ◽  
Free State ◽  
European Convention ◽  
Free Society ◽  
The Press ◽  
The World ◽  
Fundamental Freedoms ◽  
The Right

The title of this article is not intended to disparage the value of freedom of speech in a modern democratic society. The right freely and publicly to criticise the institutions of government, the conduct of public affairs whether by the executive or Parliament, the freedom, indeed, to criticise the performance of the judiciary—that right is one of the glories of the unwritten constitution of this country. Its importance is constantly and forcefully emphasised in our highest courts. In one of the Spycatcher cases Lord Bridge of Harwich said that the right to freedom of speech is one of the fundamental freedoms essential to a free society.1 In the same case Lord Oliver quoted Blackstone's statement that the liberty of the press is essential to the nature of a free State.2 More recently Lord Goff of Chieveley, observing that he could see no inconsistency between English law and the European Convention on Human Rights in relation to freedom of speech, added: “This is scarcely surprising, since we may pride ourselves on the fact that freedom of speech has existed in this country perhaps as long as, if not longer than, it has existed in any other country in the world.”3

Analisis Penerapan Kode Etik Jurnalistik Pada Pemberitaan Pemindahan Ibu Kota Indonesia di Liputan6.com

Koneksi ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 215
Author(s):  
Wiwin Fitriyani ◽  
Ahmad Junaidi
Keyword(s):  
Code Of Ethics ◽  
Capital City ◽  
Freedom Of The Press ◽  
News Reporting ◽  
The Public ◽  
News Reports ◽  
Quantitative Content ◽  
The Press ◽  
The Right ◽  
Included Article

Freedom of the Press is the right to express, disseminate ideas, organize, and so forth. Freedom of the Press is based on the provisions made by the Press Council called the Journalistic Code of Ethics. The Journalistic Code of Ethics is the professional ethics of journalists. As the party that disseminates information to the public, journalists need to practice the provisions of the Journalistic Code of Ethics which consists of 11 articles, because various news reports that journalists report should have an impact on society. Then, one of the news that received more attention from the public, namely regarding the relocation of the Indonesian capital. At that time, the news received various responses from various parties. Therefore, various media are aggressively producing news related to this, such as Liputan6.com. In this study, the Journalistic Code of Ethics analyzed with the news included article 1, 2, and 3. The purpose of this study was to determine the application of the Journalistic Code of Ethics in reporting the removal of the Indonesian Capital City on Liputan6.com. Theories used include news reporting and the Journalistic Code of Ethics. Then, for the research method used, namely quantitative content analysis using coding sheets to process, and analyze the data. The results of this study indicate Liputan6.com has implemented a Journalistic Code of Ethics, although of the 55 news samples there are still 19 news that do not meet the element of balance.Kebebasan pers merupakan hak untuk berekspresi, menyebarluaskan gagasan, dan berorganisasi. Kebebasan pers dilandasi oleh ketentuan yang dibuat Dewan Pers yang disebut Kode Etik Jurnalistik. Kode Etik Jurnalistik adalah etika profesi wartawan. Sebagai pihak yang menyebarkan informasi kepada khalayak, jurnalis perlu mempraktikan ketentuan Kode Etik Jurnalistik yang terdiri dari 11 pasal. Hal ini karena berbagai berita yang jurnalis laporkan akan memberi dampak pada masyarakat. Salah satu pemberitaan yang mendapatkan perhatian lebih dari masyarakat, yaitu mengenai pemindahan ibu kota Indonesia. Pada saat itu, kabar tersebut mendapatkan berbagai respon dari berbagai pihak. Oleh karena itu, berbagai media gencar dalam memproduksi berita terkait hal tersebut, salahsatunya Liputan6.com. Pada penelitian ini, Kode Etik Jurnalistik yang dianalisis dengan pemberitaan tersebut, antara lain pasal 1, 2, dan 3. Tujuan dari penelitian ini ialah untuk mengetahui penerapan Kode Etik Jurnalistik pada pemberitaan pemindahan Ibu Kota Indonesia di Liputan6.com. Teori yang digunakan diantaranya pemberitaan, dan Kode Etik Jurnalistik. Metode penelitian yang dipakai yakni analisis isi kuantitatif dengan memakai lembar codinguntuk mengolah, dan menganalisis datanya. Hasil dari penelitian ini menunjukan Liputan6.com sudah menerapkan Kode Etik Jurnalistik, meskipun dari 55 sampel berita masih terdapat 19 berita yang tidak memenuhi unsur keberimbangan.

The Dynamic Free Speech Clause

2018 ◽  
Author(s):  
Timothy Zick
Keyword(s):  
Free Speech ◽  
Constitutional Rights ◽  
Relational Dynamics ◽  
Free Exercise ◽  
Second Amendment ◽  
The Press ◽  
The Common ◽  
Rights Discourse ◽  
The Right ◽  
Speech Clause

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

scholarly journals A day for freedom

1996 ◽  
Vol 3 (2) ◽  
pp. 84-85
Author(s):  
Reporters Sans Frontieres
Keyword(s):  
Annual Report ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Press ◽  
The World ◽  
The Right

On 3 May 1996, International Press Freedom Day, Reporters Sans Frontieres published its seventh Annual report on freedom of the press throughout the world, which gave an account of infringements of the right to be informed in 149 countries.    

scholarly journals The right to know and freedom of expression in the Arab world in the Digital Age

2019 ◽  
Vol 9 (3) ◽  
pp. 27
Author(s):  
Iman Mohamed Zahra ◽  
Hosni Mohamed Nasr
Keyword(s):  
New Media ◽  
Freedom Of Expression ◽  
Arab World ◽  
Digital Age ◽  
Freedom Of The Press ◽  
Right To Know ◽  
The Press ◽  
The Right To Know ◽  
Arab States ◽  
The Right

'The right to know' represents a fundamental and vital human right. Progress and development of nations fully require information freedom and knowledge sharing. Using a qualitative analysis of a sample of information and press laws in most of Arab states, this paper aims at discussing 'the right to know' from different perspectives while highlighting the surrounding aspects and their consequences on the right of freedom of expression in those states. The paper also tends to clarify the effects of new media on the vision and practices of governments regarding 'the right to know' and the freedom of the press in the digital age. Moreover, the paper analyzes the different types of censorship the Arab states use to control the new media. Findings shed light on different aspect of 'the right to know' within the different challenges of the digital age and clarify the strong bondage of this right with the other human rights, especially freedom of expression and freedom of the press.

The Costumbrista Movement in Mexico

PMLA ◽  
1935 ◽  
Vol 50 (1) ◽  
pp. 290-315 ◽  
Author(s):  
Jefferson Rea Spell
Keyword(s):  
Mexico City ◽  
Freedom Of The Press ◽  
Free Press ◽  
Picaresque Novel ◽  
The Third ◽  
Mother Country ◽  
Literary Periodicals ◽  
The Press ◽  
Political Conditions ◽  
Educational Conditions

When the liberal journalist Fernández de Lizardi found himself barred from further discussion of political conditions, at the close of the first brief term of freedom of the press in Mexico in 1812, he turned to descriptions of manners and customs as a means of reaching his public, not with the intention of furnishing entertainment but, like Larra two decades later, with the hope of effecting reforms. Under cover of this type of material, which seemed perfectly harmless to the censors, he portrayed in his El Pensador mexicano, during 1813 and 1814, social and educational conditions as they then existed in the capital of the viceroyalty. When this avenue of expression was gradually closed to him after 1814 by the absolutist régime, Lizardi resorted to fiction; in his three realistic novels, picaresque in form but replete with costumbrista material, he accomplished for Mexico City what Mesonero Romanos futilely planned some years later to do for Madrid through the picaresque novel. Under the free press in 1820 Lizardi turned from fiction to a defense of the constitution; in El Conductor eléctrico he published many articles similar in tone and purpose to Miñano's Cartas, which appeared in Madrid in the same year; but he contributed nothing further toward the development of the satirical sketch on manners. When the more finished costumbrista article made its appearance in Mexico almost twenty years later, the revival of the form was due, not to native initiative, but to Spanish models. The Mexican literary periodicals in which these were published coincided both in content and in point of time with their Spanish prototypes; those in which fully developed costumbrista essays appear date, in the mother country from the opening, in Mexico from the close, of the third decade.

Where to limit the freedom of speech? Analysis in the context of the First Amendment to the US Constitution and the fighting words doctrine

2021 ◽  
Vol 37 (2) ◽  
pp. 239-256
Author(s):  
Karolina Palka
Keyword(s):  
United States ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
National Socialist ◽  
The Us ◽  
Us Constitution ◽  
Socialist Party Of America ◽  
The Right

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called "fighting words" doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

Freedom of Expression and Democracy

2021 ◽  
pp. 81-105
Author(s):  
Ashutosh Bhagwat ◽  
James Weinstein
Keyword(s):  
Eighteenth Century ◽  
Free Speech ◽  
Freedom Of Expression ◽  
Theoretical Perspective ◽  
Modern World ◽  
Popular Government ◽  
The Press ◽  
Political Association ◽  
The Right ◽  
The Relationship

This chapter focuses on the relationship between freedom of expression and democracy from both a historical and a theoretical perspective. The term ‘freedom of expression’ includes free speech, freedom of the press, the right to petition government, and freedom of political association. Eighteenth-century proponents of popular government had long offered democratic justifications for freedom of expression. The chapter then demonstrates that freedom of political expression is a necessary component of democracy. It describes two core functions of such expression: an informing and a legitimating one. Finally, the chapter examines the concept of ‘democracy’, noting various ways in which democracies vary among themselves, as well as the implications of those variations for freedom of expression. Even before democratic forms of government took root in the modern world.

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