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Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
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 and international human rights law .
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."
Civil discourse is the practice of deliberating about matters of public concern in a way that seeks to expand knowledge and promote understanding. The word "civil" relates directly to civic in the sense of being oriented toward public life, [1] [2] and less directly to civility, in the sense of mere politeness.
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When one sovereign tries to limit the speech of another sovereign, the First Amendment to the United States Constitution may protect the latter from the former. [2] David Fagundes has argued that government speech deserves constitutional protection only where the speech is intrinsic to a public function and furthers democratic self-government. [2]
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