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chris seunghyun lee |
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right of speech |
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Right of speech 2002240008
Kim Sae-hoon
Introduction
The basic concepts of liberal thought may be summarized as follows:human beings are born free and are equal in dignity and rights. Freedom of expression was considered to be the cornerstone of a system of freedoms that included freedom of consience, that is, the right to hold opinions or religious or other beliefs, as well as the right to assembly, demonstration and petition.
History
The First Amendment of the Bill of Rights to the U.S. Constitution guarantees four freedoms:freedom of religion, speech, press and assembly. The Bill of Rights was ratified on December 15, 1791. Since that time, those freedoms have been discussed, debated, fought and died for. Since that time, millions of immigrants have come to America to secure those freedoms. The freedom of speech concept came from England. During the Glorious Revolution of 1688, King James 2 was overthrown, then William and Mary were installed as joint monarchs. The following year, the English Parliament secured a Bill of Rights from William and Mary that granted “freedom of speech in Parliament.” One hundred years later our founding fathers were wise enough to expand that principle to everyone, not just members of Parliament. It is difficult to summarize the complex history that runs from the first liberal revolutions until the period after the Second World War. In modern times, freedom of expression has undergone two historical periods of intense conceptual development and ethical valuation. The first goes back more than two centuries, associated with the dawn of modern democratic thought and with the revolutions that sought to install it in Europe and the Americas. The second period began a century and a half later and is linked to the emergency of a system of international protection of human rights.
Content of the right of speech
One article of the American Convention establishes the positive content of freedom of expression: “Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in wirting, in print, in the form of art, or through any other medium of one’s choice.”
The Inter-American Court has declared that the “expression” and the “dissemination” of thought and of information are indivisible, “so that a restriction on dissemination represents in exactly the same measure, a limit to the right to free expression.”
Freedom of expression has an individual and a collective dimension. The Inter-American Court has added that if the freedom of expression of the individual is restricted, not only is the individual’s right being violated but also the right of all to receive information and ideas. There are thus two dimensions of freedom of expression : not to be prevented from manifesting one’s own thinking, and also the collective right to receive any information and to hear the expression of another’s thought.
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