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Freedom of speech and expression has a long history that predates modern international human rights instruments. [4] It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. [5] Freedom of speech was vindicated by Erasmus and Milton. [4]
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
A defence of free speech in an open society, the wall behind the statue is inscribed with the words "If liberty means anything at all, it means the right to tell people what they do not want to hear", words from George Orwell's proposed preface to Animal Farm (1945). (from Freedom of speech)
In essence, Free Speech Zones prevent a person from having complete mobility as a consequence of their exercising their right to speak freely. Courts have accepted time, place, and manner restrictions on free speech in the United States, but such restrictions must be narrowly tailored, and free speech zones have been the subject of lawsuits.
Restrictions on free speech are only permissible when the speech at issue is likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. [179] Justice William O. Douglas wrote for the Court that "a function of free speech under our system is to invite dispute. It ...
The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. [2] There are also many liberties of people not defined in the Constitution , as stated in the Ninth Amendment : The enumeration in the Constitution, of certain rights, shall not be construed to deny or ...
Under apartheid, freedom of speech was curtailed under apartheid legislation such as the Native Administration Act 1927 and the Suppression of Communism Act, 1950. [3] In light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on ...
Whether the speech is sexually vulgar or obscene (Bethel School District v. Fraser). Whether the speech, if allowed as part of a school activity or function, would be contrary to the basic educational mission of the school (Hazelwood v. Kuhlmeier). Each of these considerations has given rise to a separate mode of analysis, and in Morse v.