- December 2nd, 2024, 6:45 pm
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INTRODUCTION
Free speech, freedom of expression, or whatever the right to freedom of speech is called in any country, is the fundamental human right of citizens to express their thoughts, opinions, and ideas without fear of suppression or reprisal. [1] The unfettered right to freedom of expression is the bedrock of a free, peaceful, and thriving society because every other fundamental human right is closely interlinked with this right[2] Therefore, a thriving society is one that preserves and protects the fundamental human rights of its citizens. Consequentially, a society that fails or neglects to protect the fundamental rights of its citizens is a society heading for doom. [3]
Definition of Terms
LIBERTARIANISM
Libertarianism, which is derived from the word liberty, speaks of a free society where citizens have the liberty to live freely from aggression, exchange ideas and enjoy private life.[4] In regards to aggression, Libertarianism believes in the Non-Aggression principle which prohibits the usage of every form of aggression.[5] If force must be employed, it should be used only in defense against the aggressor.[6] From the foregoing background, the connection of free speech to libertarianism is not farfetched; the libertarian philosophy literally rests upon the shoulders of free speech, and its denial signifies a society that has no regard for the liberty of the citizens.
FREE SPEECH
Free speech, or freedom of expression, as already discussed, is that fundamental right of citizens to air out their views and opinions without governmental or organizational censorship. Free speech in legal parlance extends to the right to seek, receive, and transmit information or ideas through analog or digital media.[7]
The importance of this right is evidenced by the deliberate global legal framework put in place for the protection of the right to freedom of speech and expression. The United Nations has recognized the right to freedom of expression as a human right and has therefore provided for its protection in the Universal Declaration of Human Rights (UDHR) 1948. In the same light, the African Union has also provided for the protection and enforcement of this fundamental right in the African Charter on Human and Peoples’ Rights. Also, many countries conscious of the importance of free speech to liberty and national inclusion have provided for the protection of this right in their constitutional laws. For instance, the United States of America has provided for the protection of freedom of expression in the First Amendment.
While there is indeed a global legal framework for the protection of freedom of speech, it is also important to note that there are limits to freedom of speech. A libertarian society that is conscious of the non-aggression principle will naturally not permit the exercise of freedom of expression that tramples on the rights, safety, and privacy of other members of the society. It therefore follows that prohibited forms of speech, such as hate speech, defamation of character, terrorist content, or child pornography, do not come within the confines of freedom of speech and should, by all means, be discouraged in a libertarian society.[8]
The Importance of Free Speech in a Libertarian Society
The importance of free speech to the development of a democratic society cannot be overemphasized every other freedom depends on it for survival. It is in this light that Justice Benjamin N. Cardozo of the U.S. Supreme Court in the case of Palko v. Connecticut reemphasized that:
Freedom of expression gives the citizens the right to register constructive criticism against the government. It is an unfettered power of the people to put the government in check and demand accountability. It creates an enabling ground for the common members of the society to contribute to governance as they have the room to suggest solutions to communal problems or ways to improve on the quality of governance. It gives citizens the confidence to call out corrupt government officials and as well whistleblow the commission of a crime or the preparation to commit a crime to the appropriate authority.
Research shows that economic and democratic development in states that protect freedom of expression is on the high side in contrast to states that reprimand and censor free speech. While states like the United States that have robust provision for and enforcement of free speech continue to thrive economically, democratically, and in other spheres, states like Iran, Sudan, and Pakistan that suppress freedom of speech are on continuous decline in regards to economic and democratic development.[11]
Flowing from the above, it is safe to state that free speech, like other human rights, is essential to the well-being and development of a nation. Where freedom of expression is protected by the government of any country, it is an implied readiness of such government to welcome criticisms and suggestions from the citizens in order to improve governance.
The Threats to Free Speech
Free speech, like every other human right, faces several threats despite its pivotal importance to the development of a society. In today’s modern society, threats to freedom of expression include self-censorship, government censorship, corporate censorship, and social media censorship.
Self-censorship occurs as a response to reprisal of free speech. When people are afraid of the negative consequences of exercising their freedom of speech, they will naturally begin to self-censor to avoid putting themselves in danger for saying the truth.[12] The Liberties 2022 Media Freedom Report submitted that journalists in countries like Germany, Sweden, and Italy were involved in self-censorship to avoid online attack and harassment. [13]
Government censorship is arguably the most notorious form of censorship in our modern society. Governments around the world are known to use arbitral force against those they consider as political opponents as well as those who dare to criticize the actions and policies of the government. Amnesty International reports that from 2018, at least over 113 persons have been arrested in Egypt by the government for exercising their freedom of expression.[14]
Corporate censorship is similar to government censorship in the sense that it embodies rules and regulations targeted at suppressing some ideas or opinions of the members or associates of the corporation or organization. It is usually achieved by threat of monetary loss, denial of promotion, or restriction of access to the marketplace.[15]
Social media censorship has recently become a trend in most countries whereby the governments, through the enactment of new laws, declare some forms of online publication or communication as an offense.[16] Amnesty International reports that journalists in countries like Azerbaijan, Turkey, and Venezuela are subjected by their media law to operate within very limited confines. For example, in 2019, the Tanzania parliament passed into law the Written Laws Bill, which mandates journalists to only broadcast news of national interest at the directive of the government.[17]
The above forms of censorship, in essence, try to support one form of idea or opinion while suppressing other opinions that it does not agree with. Whatever form censorship may take, it is a gross violation of free speech and the non-aggression principle. It is in all essence inimical to the development of a libertarian society.
How to Protect Free Speech
Protection of free speech should be the priority of a society conscious of the development and liberty of her citizens. There should be a robust and effective legal framework put in place for the protection of free speech. Journalists, whistleblowers, and the common citizen should be confident that the laws of their state would be able to protect them when they exercise their freedom of expression. The courts should also give more priority to cases bordering on breached or anticipated breaches of the right to free speech. There is also a need for the government to create laws that guarantee expression without censorship, attack, or harassment.
This is why the @LIBERTARIANBIZ[18] is making novel efforts to set up a platform that will give libertarian business owners the opportunity to advertise their businesses free of cost and, of course, without censorship.
Conclusion
Free speech (freedom of expression) is the lifeblood of a free and thriving nation and must by all means be preserved and protected, having appropriate regard to its limitations. By so doing and by following the non-aggression principle, we will be able to create a society where everyone is indeed free.
Free speech, freedom of expression, or whatever the right to freedom of speech is called in any country, is the fundamental human right of citizens to express their thoughts, opinions, and ideas without fear of suppression or reprisal. [1] The unfettered right to freedom of expression is the bedrock of a free, peaceful, and thriving society because every other fundamental human right is closely interlinked with this right[2] Therefore, a thriving society is one that preserves and protects the fundamental human rights of its citizens. Consequentially, a society that fails or neglects to protect the fundamental rights of its citizens is a society heading for doom. [3]
Definition of Terms
LIBERTARIANISM
Libertarianism, which is derived from the word liberty, speaks of a free society where citizens have the liberty to live freely from aggression, exchange ideas and enjoy private life.[4] In regards to aggression, Libertarianism believes in the Non-Aggression principle which prohibits the usage of every form of aggression.[5] If force must be employed, it should be used only in defense against the aggressor.[6] From the foregoing background, the connection of free speech to libertarianism is not farfetched; the libertarian philosophy literally rests upon the shoulders of free speech, and its denial signifies a society that has no regard for the liberty of the citizens.
FREE SPEECH
Free speech, or freedom of expression, as already discussed, is that fundamental right of citizens to air out their views and opinions without governmental or organizational censorship. Free speech in legal parlance extends to the right to seek, receive, and transmit information or ideas through analog or digital media.[7]
The importance of this right is evidenced by the deliberate global legal framework put in place for the protection of the right to freedom of speech and expression. The United Nations has recognized the right to freedom of expression as a human right and has therefore provided for its protection in the Universal Declaration of Human Rights (UDHR) 1948. In the same light, the African Union has also provided for the protection and enforcement of this fundamental right in the African Charter on Human and Peoples’ Rights. Also, many countries conscious of the importance of free speech to liberty and national inclusion have provided for the protection of this right in their constitutional laws. For instance, the United States of America has provided for the protection of freedom of expression in the First Amendment.
While there is indeed a global legal framework for the protection of freedom of speech, it is also important to note that there are limits to freedom of speech. A libertarian society that is conscious of the non-aggression principle will naturally not permit the exercise of freedom of expression that tramples on the rights, safety, and privacy of other members of the society. It therefore follows that prohibited forms of speech, such as hate speech, defamation of character, terrorist content, or child pornography, do not come within the confines of freedom of speech and should, by all means, be discouraged in a libertarian society.[8]
The Importance of Free Speech in a Libertarian Society
The importance of free speech to the development of a democratic society cannot be overemphasized every other freedom depends on it for survival. It is in this light that Justice Benjamin N. Cardozo of the U.S. Supreme Court in the case of Palko v. Connecticut reemphasized that:
“It is the foundation of a vibrant democracy, and without it, other fundamental rights, like the right to vote, would wither away.”[9]Freedom of expression is the pillar every other freedom rests upon; thus, the suppression of freedom of expression is, by extension, the suppression of every other right. The implication of suppression of freedom of expression in any society is that it opens doors for dictatorship, intimidation of citizens, and mismanagement of public funds by governmental officials.[10]
Freedom of expression gives the citizens the right to register constructive criticism against the government. It is an unfettered power of the people to put the government in check and demand accountability. It creates an enabling ground for the common members of the society to contribute to governance as they have the room to suggest solutions to communal problems or ways to improve on the quality of governance. It gives citizens the confidence to call out corrupt government officials and as well whistleblow the commission of a crime or the preparation to commit a crime to the appropriate authority.
Research shows that economic and democratic development in states that protect freedom of expression is on the high side in contrast to states that reprimand and censor free speech. While states like the United States that have robust provision for and enforcement of free speech continue to thrive economically, democratically, and in other spheres, states like Iran, Sudan, and Pakistan that suppress freedom of speech are on continuous decline in regards to economic and democratic development.[11]
Flowing from the above, it is safe to state that free speech, like other human rights, is essential to the well-being and development of a nation. Where freedom of expression is protected by the government of any country, it is an implied readiness of such government to welcome criticisms and suggestions from the citizens in order to improve governance.
The Threats to Free Speech
Free speech, like every other human right, faces several threats despite its pivotal importance to the development of a society. In today’s modern society, threats to freedom of expression include self-censorship, government censorship, corporate censorship, and social media censorship.
Self-censorship occurs as a response to reprisal of free speech. When people are afraid of the negative consequences of exercising their freedom of speech, they will naturally begin to self-censor to avoid putting themselves in danger for saying the truth.[12] The Liberties 2022 Media Freedom Report submitted that journalists in countries like Germany, Sweden, and Italy were involved in self-censorship to avoid online attack and harassment. [13]
Government censorship is arguably the most notorious form of censorship in our modern society. Governments around the world are known to use arbitral force against those they consider as political opponents as well as those who dare to criticize the actions and policies of the government. Amnesty International reports that from 2018, at least over 113 persons have been arrested in Egypt by the government for exercising their freedom of expression.[14]
Corporate censorship is similar to government censorship in the sense that it embodies rules and regulations targeted at suppressing some ideas or opinions of the members or associates of the corporation or organization. It is usually achieved by threat of monetary loss, denial of promotion, or restriction of access to the marketplace.[15]
Social media censorship has recently become a trend in most countries whereby the governments, through the enactment of new laws, declare some forms of online publication or communication as an offense.[16] Amnesty International reports that journalists in countries like Azerbaijan, Turkey, and Venezuela are subjected by their media law to operate within very limited confines. For example, in 2019, the Tanzania parliament passed into law the Written Laws Bill, which mandates journalists to only broadcast news of national interest at the directive of the government.[17]
The above forms of censorship, in essence, try to support one form of idea or opinion while suppressing other opinions that it does not agree with. Whatever form censorship may take, it is a gross violation of free speech and the non-aggression principle. It is in all essence inimical to the development of a libertarian society.
How to Protect Free Speech
Protection of free speech should be the priority of a society conscious of the development and liberty of her citizens. There should be a robust and effective legal framework put in place for the protection of free speech. Journalists, whistleblowers, and the common citizen should be confident that the laws of their state would be able to protect them when they exercise their freedom of expression. The courts should also give more priority to cases bordering on breached or anticipated breaches of the right to free speech. There is also a need for the government to create laws that guarantee expression without censorship, attack, or harassment.
This is why the @LIBERTARIANBIZ[18] is making novel efforts to set up a platform that will give libertarian business owners the opportunity to advertise their businesses free of cost and, of course, without censorship.
Conclusion
Free speech (freedom of expression) is the lifeblood of a free and thriving nation and must by all means be preserved and protected, having appropriate regard to its limitations. By so doing and by following the non-aggression principle, we will be able to create a society where everyone is indeed free.
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