Protection of Freedom of Speech

Protection of Freedom of Speech

Introduction

Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations? particularly those with relatively authoritarian forms of government? overt government censorship is enforced. Censorship has also been claimed to occur in other forms (see propaganda model) and there are different approaches to issues such as hate speech? obscenity? and defamation laws even in countries seen as liberal democracies. Freedom of speech is often regarded as an integral concept in democratic governance. According to these ideas? when citizens refrain from voicing their discontent because they fear retribution? the government can no longer be responsive to them? thus it is less accountable for its actions. Defenders of free speech often allege that this is the main reason why governments suppress free speech--to avoid accountability. Alternatively? it may be argued that some restrictions on freedom of speech may be compatible with democracy or necessary to protect it. For example? such arguments are used to justify restrictions on support of Nazi ideas in post-war Germany. As Tocqueville pointed out? people may be hesitant to speak freely not because of fear of government retribution but because of social pressures. When an individual announces an unpopular opinion? he or she may face the disdain of their community or even be subjected to violent reactions. This type of suppression of speech is even more difficult to prevent than government suppression is.

Analysis

The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak? write? print freely? save [if it is necessary] to respond to the abuse of this liberty? in the cases determined by the law. In addition? France adheres to the European Convention on Human Rights and accepts the jurisdiction of the European Court of Human Rights. French law prohibits public speech or writings that incite to racial or religious hatred? as well as those that deny the Holocaust. In December 2004? a controversial addition was made to the law? criminalizing the prohibition to hatred or violence against people because of their sexual orientation.

An addition to the Public Health Code was passed on the 31 December 1970? which punishes the "positive presentation of drugs" and the "incitement to their consumption" with up to five years in prison and fines up to €76?000. Newspapers such as Libération? Charlie Hebdo and associations? political parties? and various publications criticizing the current drug laws and advocating drug reform in France have been repeatedly hit with heavy fines based on this law. France does not implement any preliminary government ...