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Speakers' Corner

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Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information. A fundamental aspect of this right is the freedom to hold opinions and receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider.

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114-615: A Speakers' Corner is an area where free speech open-air public speaking , debate, and discussion are allowed. The original and best known is in the north-east corner of Hyde Park in London , England . Historically there were a number of other areas designated as Speakers' Corners in other parks in London, such as Lincoln's Inn Fields , Finsbury Park , Clapham Common , Kennington Park , and Victoria Park . Areas for Speakers' Corners have been established in other countries and elsewhere in

228-599: A human right in the Universal Declaration of Human Rights and international human rights law by the United Nations . 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

342-719: A "Hyde Park" space for free speech and assembly was instituted at the Phramane Grounds in Bangkok. The experiment was well received and effectively stimulated political debate. The experiment was not appreciated by the government though, and in February 1956 restrictions were imposed on the Phramane "Hyde Park". However, during this period the Hyde Park Movement Party had evolved, upholding the legacy of

456-456: A Sunday, the only day working people had off. The riots were described by Karl Marx as "the beginning of the English revolution". The Chartist movement used Hyde Park as a point of assembly for popular protests, but no permanent speaking location was established. The Reform League organised a massive demonstration in 1866 and then again in 1867 , which compelled the government to extend

570-565: A citizens action after the brutal murder of film-maker and columnist Theo van Gogh . Plans for bringing the Amsterdam Speakers' Corner online with a permanent camera and microphone are in a phase of installation. In the meantime the speakers are filmed with a hand-held camera. On 1 October 2006, Michiel Smit , a far-right activist, spoke at the Spreeksteen. Antifascist demonstrators counter-protested , using noise to disrupt

684-441: A common belief they are one of the same by many of the population. However it should be acknowledged as above that achieving such limitation is a point of difference between the two judicial systems and legislation. Hate speech is highly contextual and subjective in terms of content and victim, which makes it very difficult to legislate against on a national and especially on a multinational level. As revealed by Foster, Article 10

798-488: A council tactic to obstruct those who had already started one on the newly pedestrianised High Street. No disruption was caused, but it appeared that Labour Party councillors wanted no one to their left to have a public voice, using the excuse that the pedestrianised area was legally a Highway. Five speakers were arrested the first Saturday, with more as protests grew in subsequent weeks; all were tried and given conditional discharges by rightwing city magistrates. Subsequently, as

912-474: A different time (e.g., during the day), at a different place (e.g., at a government building or in another public forum ), or in a different manner (e.g., a silent protest ). Funeral Protests are a complex issue in the United States. It is a right to Americans to be able to hold a peaceful protest against various policies they deem unreasonable. It is a question of whether or not it is appropriate through

1026-697: A free speech area in front of Sproul Plaza until 1964. The University of Missouri hosts a Speaker's Corner, referred to as "Speaker's Circle". There are only two such locations in the entire state of Missouri. As a result of winter semesters visits to England and Hyde Park, Elon University created a Speakers' Corner on campus. No persons from outside the university may speak without a permit. Students are free to speak at any time as long as they don't use amplification, do not disrupt others, do not damage property and do not cause dangerous conditions. Bughouse Square in Washington Square Park , Chicago,

1140-577: A more adaptable and at the same time more stable community, of maintaining the precarious balance between healthy cleavage and necessary consensus". Emerson furthermore maintains that "Opposition serves a vital social function in offsetting or ameliorating (the) normal process of bureaucratic decay". Research undertaken by the Worldwide Governance Indicators project at the World Bank , indicates that freedom of speech, and

1254-495: A police permit. With this latest change in policy to allow the venue to be used freely as an outdoor demonstration site, coupled with the liberalisation on the use of sound amplification and the extension of operating hours of the venue, the Speakers' Corner aims to address the genuine desire by some Singaporeans for lawful outdoor demonstrations and processions as a means of political expression. Singapore citizens who wish to hold

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1368-457: A popular venue for many election rallies and political speeches in the 1950s and '60s. Hong Lim Park is centrally located, well-served by public transport and is sited in a high public density area. In 2004, public exhibitions and performances were added to the list of exempted activities at the Speakers' Corner. From 1 September 2008, Singapore citizens can also organise or participate in demonstrations at Speakers' Corner without having to obtain

1482-701: A public forum was held weekly on Sunday in Victoria Park 's Bandstand. The forum brought together politicians, academics and prominent public figures to discuss current issues, and also allowed the public to participate in a Q&A session. Each week, a number of secondary schools were invited to bring pupils to the forum to ask questions. The forum was broadcast live on RTHK TV 31 and was also sometimes held in other locations across Hong Kong such as Centenary Garden and Morse Park as well as across different university campuses. The forum ended on 18 July 2021. Mass demonstration and speeches are traditionally held on

1596-408: A report published in 1776, he wrote: No evidence should be needed that a certain freedom of writing and printing is one of the strongest bulwarks of a free organization of the state, as, without it, the estates would not have sufficient information for the drafting of good laws, and those dispensing justice would not be monitored, nor would the subjects know the requirements of the law, the limits of

1710-408: A right includes the content and the means of expression. The right to freedom of speech and expression is closely related to other rights. It may be limited when conflicting with other rights (see limitations on freedom of speech ). The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information, or determine

1824-473: A secondrate sop, the local council built the present isolated corner in a park several hundred metres away, with it first being used on the 27 November 1971 by an anti apartheid group. Speakers' Corner Nottingham was officially inaugurated by Jack Straw , the UK Justice Secretary, on 22 February 2009. The designated space occupied a new landscaped extension to the city's Old Market Square , at

1938-568: A speech, exhibition/performance or demonstration at the Speakers' Corner can register with the National Parks Board, which manages Hong Lim Park. Online registration is available on the website. Woodford Square in Port of Spain , Trinidad , is also known as "The University of Woodford Square", so named by the first prime minister of Trinidad Eric Williams , who gave many speeches here. Another nickname, "People's Parliament", comes from

2052-460: A state to legally interfere with a person's freedom of expression they need to pass the 'triple test' of conditions in Article 10(2): such interferences have to be laid out in the nation's national law, be justified through the coverage of one of the objectives listed in the latter half of the section, and necessary in a democratic society. Although by attempting to have a uniform application through

2166-441: A victim of Saudi's internet censorship and was facing death sentence. Saudi-controlled media portrayed him as a dangerous preacher due to his Twitter and WhatsApp posts, but dissidents considered him as an important intellectual who maintained strong social media influence. Some legal scholars (such as Tim Wu of Columbia University ) have argued that the traditional issues of free speech—that "the main threat to free speech"

2280-520: A website. Official outdoor "free" speech first appeared in the hustings and hanging grounds of Hyde Park Sydney in 1874. Free speech in this form was banned following a serious riot between Catholics and Orangemen. However, following the formalisation of free speech in Speakers' Corner in London it was decided in 1878 that The Domain would be the place for free speech in Sydney. In Diary of a Voyage to Australia, New Zealand and other lands (published 1896),

2394-666: Is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society . Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers. According to Bernt Hugenholtz and Lucie Guibault, the public domain is under pressure from the " commodification of information" as information with previously little or no economic value has acquired independent economic value in

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2508-426: Is a site for events and activities, as well as a destination for all the community to visit and have their say on topics close to their hearts. Since the launch, a plaque has been unveiled at the site, along with a code of conduct. Plans for the site include a stone plaque marking the spot, as well as a series of annual events. The Sussex coastal town of Worthing has had its own Speakers' Corner at Splash Point on

2622-525: Is a wooded enclosure, like a nobleman's park in England, kept in capital order, both as regards the turf under foot, and the tall and noble trees that give shelter overhead from the sun." "All the sects and denominations use it. There is none of the sense of infra dig that associates itself with out-door preaching in England.""Every denomination has its own tree." "The various religious bodies hold their meetings sufficiently apart to make no interference one with

2736-616: Is also explicitly protected by acts such as the Freedom of Information and Protection of Privacy Act of Ontario, in Canada. The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. The concept of freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of

2850-545: Is also illegal in some countries. Apostasy has been instrumentalized to restrict freedom of speech in some countries. In some countries, blasphemy is a crime. For example, in Austria, defaming Muhammad , the prophet of Islam, is not protected as free speech. In contrast, in France, blasphemy and disparagement of Muhammad are protected under free speech law. Certain public institutions may also enact policies restricting

2964-498: Is applicable to all forms of speech and expressions, but the ECtHR as highlighted by Handyside v United Kingdom demands a level of tolerance and pluralism of the exercise of the same freedom of expression right of others who share views which may not be shared by the receiver of the information or opinions. However, despite the expectancy of citizens to exercise tolerance, it may be difficult to achieve not only as stated before due to

3078-455: Is both extended by the law to opinion of every kind and expected by the law in the conduct of those who disagree, even strongly, with what they hear." The ruling famously established in English case law that freedom of speech could not be limited to the inoffensive but extended also to "the irritating, the contentious, the eccentric, the heretical, the unwelcome, and the provocative, as long as such speech did not tend to provoke violence", and that

3192-468: Is both false and potentially dangerous, such as falsely shouting "Fire!" in a theatre and causing a panic . Justifications for limitations to freedom of speech often reference the " harm principle " or the "offence principle". In On Liberty (1859), John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered". Mill argues that

3306-665: Is considered the paved area closest to Marble Arch , legally the public speaking area extends beyond the Reform Tree and covers a large area from Marble Arch to Victoria Gate , then along the Serpentine to Hyde Park Corner and the Broad Walk running from Hyde Park Corner to Marble Arch. Public riots broke out in the park in 1855, in protest over the Sunday Trading Bill, which forbade buying and selling on

3420-591: Is currently held outside the State Library of Victoria on Sunday afternoon from 3 pm. Dedicated by the Earl Mountbatten on 12 April 1966, Speakers' Corner in Regina, Saskatchewan is located on the north shore of Wascana Lake . It serves as a constant reminder of the notion of free speech and assembly and a tribute to Saskatchewan people who have upheld that heritage. The two lanterns framing

3534-527: Is known commonly as 'Taman Unjuk Rasa' (Demonstration Park). As a tribute to democracy and freedom of speech, in Lajatico , Pisa, there a small area designated as Speakers' Corner ("L'angolo del parlatore") on a corner of the Vittorio Veneto main square. It is opened for the public to speak on Sundays (9 to 11 a.m. and 4 to 6 p.m.). The first speaker was the mayor Alessio Barbarfieri, who highlighted

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3648-448: Is obliged to help any speakers publish their views, and no one is required to listen to, agree with, or acknowledge the speaker or the speaker's views. These concepts correspond to earlier traditions of natural law and common law rights. Freedom of speech is understood to be fundamental in a democracy. The norms on limiting freedom of expression mean that public debate may not be completely suppressed even in times of emergency. One of

3762-556: Is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law. Article 19 of the Universal Declaration of Human Rights , adopted in 1948, states that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Today, freedom of speech, or

3876-586: Is the " Great Firewall of China " (in reference both to its role as a network firewall and the ancient Great Wall of China ). The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the internet gateways . The system also selectively engages in DNS poisoning when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical. Internet censorship in

3990-426: Is the censorship of "suppressive states", and that "ill-informed or malevolent speech" can and should be overcome by "more and better speech" rather than censorship—assumes scarcity of information. This scarcity prevailed during the 20th century, but with the arrival of the internet, information became plentiful, "but the attention of listeners" scarce. Furthermore, in the words of Wu, this "cheap speech" made possible by

4104-426: Is understood as a multi-faceted right that includes not only the right to express, or disseminate, information and ideas but three further distinct aspects: International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms. This means that the protection of freedom of speech as

4218-570: The Black Power movement of the 1970s. Flanked by Trinidad's Parliament and Halls of Justice the Square still plays host to speeches of a highly topical and political nature. In the southeast corner of the square, a blackboard lists the day's discussion as well as other important information. The speakers' topics are divided by interest and known as "classes". An area was set up in Bangkok in

4332-530: The Christadelphian preacher Robert Roberts wrote: "On the west side [of a particular location] is a feature peculiar to Sydney in all the world - a preaching park. There are of course, parks in other cities where open-air spouting is practiced on Sundays, such as Hyde Park, in London ;: but there is no city in the world where a park on such a scale is used by all classes of religious people. It

4446-514: The Golden Shield Project , an initiative by Chinese government's Ministry of Public Security that filters potentially unfavourable data from foreign countries. Facebook routinely and automatically eliminates what it perceives as hate speech, even if such words are used ironically or poetically with no intent to insult others. The Human Rights Measurement Initiative measures the right to opinion and expression for countries around

4560-785: The ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals ". Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel , slander , obscenity , pornography , sedition , incitement , fighting words , hate speech , classified information , copyright violation , trade secrets , food labeling , non-disclosure agreements ,

4674-786: The Internet . The Communications Decency Act (CDA) of 1996 was the first major attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU , the US Supreme Court partially overturned the law. Judge Stewart R. Dalzell , one of the three federal judges who in June 1996 declared parts of the CDA unconstitutional, in his opinion stated

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4788-438: The right to privacy in the context of the Internet and information technology . As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right. Freedom of information may also concern censorship in an information technology context, i.e., the ability to access Web content , without censorship or restrictions. Freedom of information

4902-458: The right to privacy , dignity , the right to be forgotten , public security , blasphemy and perjury . Justifications for such include the harm principle , proposed by John Stuart Mill in On Liberty , which suggests that "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others". The idea of

5016-570: The " Information Society " in stating: We reaffirm, as an essential foundation of the Information society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication

5130-426: The "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided. With the evolution of the digital age , application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example,

5244-595: The 1590s, and it was affirmed in the Protestation of 1621 . Restating what is written in the English Declaration of Right, 1689 , England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect. This so-called parliamentary privilege includes no possible defamation claims meaning Parliamentarians are free to speak up in

5358-546: The 1930s, and quickly became known as Hyde Park, to enable freedom of speech and the airing of political views in Thailand . The area was shut down after student rioting and the lethal intervention of the army and it is not discussed openly today. In 1955, Marshal Plaek Pibulsonggram had visited London as part of an international tour. He became impressed with the "Speakers' Corner" in Hyde Park. Upon his return to Thailand

5472-555: The 21st century, the danger is not "suppressive states" that target "speakers directly", but that: Article 10 of the European Convention on Human Rights Article 10 – Freedom of expression Freedom of expression is not an absolute right, meaning it can be interfered with by states and other public authority bodies. However, each state is allowed a margin of appreciation. An acceptance of varying historical, legal, political, and cultural differences, which may lead

5586-778: The Built Environment , the area benefited from a £500,000 grant to re-landscape the area around Splash Point including a revival of the Speakers' Corner. Work was completed early in 2011 Leeds is known to have its own Speakers' Corner, at Victoria Gardens on the Headrow , in front of the Leeds City Art Gallery , Central Library and Henry Moore Sculpture Centre building. It is a pivotal point in Leeds for justice and anti-war marches, most of which gather and terminate here, as well as for war memorial services due to

5700-473: The ECHR articles those from Article 8 to Article 11 have a very comparable structure allowing for a similar examination by the ECtHR for when there has been a possible breach. In the same way as Article 10, similarly Articles 8 (right to respect for private and family life), 9 (freedom of thought, conscience and religion), and 11 (freedom of assembly and association) briefly describe the convention right and within

5814-477: The Government can fill that role as well. In my view, our action today should only mean that Government's permissible supervision of Internet contents stops at the traditional line of unprotected speech. [...] The absence of governmental regulation of Internet content has unquestionably produced a kind of chaos, but as one of the plaintiff's experts put it with such resonance at the hearing: "What achieved success

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5928-415: The Government of all means of protecting children from the dangers of Internet communication. The Government can continue to protect children from pornography on the Internet through vigorous enforcement of existing laws criminalising obscenity and child pornography . [...] As we learned at the hearing, there is also a compelling need for public educations about the benefits and dangers of this new medium, and

6042-655: The Hotel Indonesia roundabout Selamat Datang Monument . This venue however, is located the middle of Jakarta's main boulevard and commercial district, thus causing a severe traffic jam when a rally is held. To accommodate this, Jakarta's provincial government built a small park on the northwestern corner of the Merdeka Square , across the Istana Merdeka , Indonesia's presidential palace. Officially named 'Taman Pandang Istana' (Palace-View Park), this park

6156-585: The House without fear of legal action. This protection extends to written proceedings: for example, written and oral questions, motions and amendments tabled to bills and motions. One of the world's first freedom of the press acts was introduced in Sweden in 1766 ( Swedish Freedom of the Press Act ), mainly due to the classical liberal member of parliament and Ostrobothnian priest Anders Chydenius . In

6270-550: The Hyde Park experiment. Tom L. Johnson , the radical reforming Mayor of Cleveland (1901–1909), dedicated the north-west quadrant of Public Square to free speech, as in Hyde Park. Speeches and meetings there were common in the early part of the century; Anarchist Emma Goldman addressed a large crowd there in 1908. Today the site remains the traditional place for rallies and demonstrations in Cleveland, around Mayor Johnson's statue. The University of California at Berkeley had

6384-416: The Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar – in a word, "indecent" in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice. We should also protect the autonomy that such a medium confers to ordinary people as well as media magnates.[...] My analysis does not deprive

6498-565: The Mayor of Nashville , designated a space for live music in the southwest corner of Centennial Park (Nashville) , calling it Musicians Corner . A free concert series of the same name takes place in this space each year. Freedom of speech 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

6612-809: The Penang state. Conditions for use of Speakers' Square In the Netherlands, there is a permanently designated speakers' corner called the Spreeksteen in Amsterdam . Lawfully, every person has the freedom of speech as a matter of right. The 'Spreeksteen' is open for free speech 24-hours a day, and was established to allow complete free speech. The 'Spreeksteen' has been located in the Oosterpark in Amsterdam since 5 May 2005, and has been erected by

6726-604: The People's Republic of China is conducted under a wide variety of laws and administrative regulations, including more than sixty regulations directed at the Internet. Censorship systems are vigorously implemented by provincial branches of state-owned ISPs , business companies, and organizations. Saudi Arabia 's government had been intensifying the scrutiny of social media accounts, under which they were detaining several activists, critics and even normal social media users over few critical tweets. A law professor, Awad Al-Qarni became

6840-518: The UK. {{{annotations}}} Speakers here may talk on any subject, as long as the police consider their speeches lawful, although this right is not restricted to Speakers' Corner only. Contrary to popular belief, there is no immunity from the law, nor are any subjects proscribed, but in practice the police intervene only when they receive a complaint. On some occasions in the past, they have intervened on grounds of profanity . Though Hyde Park Speakers' Corner

6954-598: The US First Amendment through the nature of the American judicial system and the difficulty of constitutional reform affords greater protection as well as fewer restrictions on the freedom of speech; whereas through the margin of appreciation and the reliance upon members' constitutions being sufficiently robust, freedom of expression within the ECtHR does not directly afford the same level of protection of expression to citizens.   The main point of similarity

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7068-675: The Worldwide Governance Indicators measure for more than 200 countries. Against this backdrop it is important that development agencies create grounds for effective support for a free press in developing countries. Richard Moon has developed the argument that the value of freedom of speech and freedom of expression lies with social interactions. Moon writes that "by communicating an individual forms relationships and associations with others – family, friends, co-workers, church congregation, and countrymen. By entering into discussion with others an individual participates in

7182-447: The actor, and that it is probably a necessary means to that end". Hence Feinberg argues that the harm principle sets the bar too high and that some forms of expression can be legitimately prohibited by law because they are very offensive. Nevertheless, as offending someone is less serious than harming someone, the penalties imposed should be higher for causing harm. In contrast, Mill does not support legal penalties unless they are based on

7296-499: The application of such freedom to be slightly varied in its nature despite the widespread adoption of the article. Such differences in the application have been allowed as long as the freedom of expression is as found in The Observer and The Guardian v United Kingdom (1991). "Narrowly interpreted and the necessity for any restrictions must be convincingly established" by national authorities. Voorhoof and Gannie suggest that for

7410-410: The audiovisual media were seen by the court as contrary to Article 10, primarily because they cannot provide a plurality of sources of information. The court also held that devices for receiving broadcasting information, such as satellite dishes , do not fall under the restriction provided for in the last sentence of the first paragraph. It has been noted by a number of sources that when examining

7524-433: The bearer of the general right to freedom of expression for all. However, freedom of the press does not necessarily enable freedom of speech. Judith Lichtenberg has outlined conditions in which freedom of the press may constrain freedom of speech. For example, if all the people who control the various mediums of publication suppress information or stifle the diversity of voices inherent in freedom of speech. This limitation

7638-480: The corner come from King Charles Street which runs from Whitehall to St. James Park, London, near the Houses of Parliament. They were erected in 1908 during the reign of Edward VII , whose royal cypher E.R. VII appears on the base of each lamp. Kitchener, Ontario has a small area designated as Speakers' Corner on the northwest corner of King and Benton Street. It has existed since the mid-1980s. The City Forum ,

7752-505: The debate is characterized by a cacophony of competing harm arguments without any way to resolve them. There is no longer an argument within the structure of the debate to resolve the competing claims of harm. The original harm principle was never equipped to determine the relative importance of harms". Interpretations of both the harm and offense limitations to freedom of speech are culturally and politically relative. For instance, in Russia,

7866-616: The development of knowledge and in the direction of the community". Freedom of speech is not regarded as absolute by some, with most legal systems generally setting limits on the freedom of speech, particularly when freedom of speech conflicts with other rights and protections, such as in the cases of libel , slander , pornography , obscenity , fighting words , and intellectual property . Some limitations to freedom of speech may occur through legal sanction, and others may occur through social disapprobation. In Saudi Arabia, journalists are forbidden to write with disrespect or disapproval of

7980-399: The electorate by withholding information and stifling criticism. Meiklejohn acknowledges that the desire to manipulate opinion can stem from the motive of seeking to benefit society. However, he argues, choosing manipulation negates, in its means, the democratic ideal. Eric Barendt has called this defence of free speech on the grounds of democracy "probably the most attractive and certainly

8094-746: The events of Bloody Sunday , in which British troops opened fire on a crowd of civil rights demonstrators in Derry , killing 13. The three men were subsequently charged under the Treason Felony Act 1848 with criminal conspiracy and incitement . Most of the charges were eventually dropped, and the three were ultimately convicted of sedition and given sentences of between nine and eighteen months in prison. Lord Justice Sedley, in Redmond-Bate v Director of Public Prosecutions (1999), described Speakers' Corner as demonstrating "the tolerance which

8208-401: The following: The Internet is a far more speech-enhancing medium than print , the village green , or the mails . Because it would necessarily affect the Internet itself, the CDA would necessarily reduce the speech available for adults on the medium. This is a constitutionally intolerable result. Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on

8322-629: The franchise to include most working-class men. Speakers' Corner is often held up to demonstrate freedom of speech , as anyone can turn up unannounced and talk on almost any subject, although always at the risk of being heckled by regulars. The corner was frequented by Karl Marx , Vladimir Lenin , George Orwell , C. L. R. James , Walter Rodney , Ben Tillett , Marcus Garvey , Kwame Nkrumah , and William Morris . In June 1972, three Irish republican activists, Joseph Callinan, Louis Marcantonio and Thomas Quinn, were arrested after giving inflammatory speeches at Speaker's Corner in Hyde Park protesting

8436-705: The freedom of expression, is recognised in international and regional human rights law . The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights , Article 10 of the European Convention on Human Rights , Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights . Based on John Milton 's arguments, freedom of speech

8550-400: The freedom of speech, for example, speech codes at state-operated schools . In the U.S., the standing landmark opinion on political speech is Brandenburg v. Ohio (1969), expressly overruling Whitney v. California . In Brandenburg , the U.S. Supreme Court referred to the right even to speak openly of violent action and revolution in broad terms: [Our] decisions have fashioned

8664-529: The freedoms in the US Constitution and the European Convention as revealed by Bleich are different from each other and arguably cover opposite things. "The US constitution categorically upholds the value of Free Speech whereas the European Court of Human Rights Article 10 explicitly lists the reasons that free expression can be constrained." Similarly, Docherty suggests that institutionally,

8778-436: The fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment. In 1985, Joel Feinberg introduced what is known as the "offence principle". Feinberg wrote, "It is always a good reason in support of a proposed criminal prohibition that it would probably be an effective way of preventing serious offence (as opposed to injury or harm) to persons other than

8892-597: The harm and offense principles have been used to justify the Russian LGBT propaganda law restricting speech (and action) concerning LGBT issues. Many European countries outlaw speech that might be interpreted as Holocaust denial . These include Austria, Belgium, Canada, the Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Russia, Slovakia, Switzerland and Romania. Armenian genocide denial

9006-412: The harm principle. Because the degree to which people may take offence varies, or may be the result of unjustified prejudice, Feinberg suggests that several factors need to be taken into account when applying the offence principle, including: the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of

9120-551: The importance of the acts of speaking and listening for a good and effective local governance. The first Speakers' Square in Malaysia was established at the Esplanade , George Town , Penang on 4 May 2010. It is opened for the public to speak on Wednesday and Sunday (6.00 pm to 10.00 pm). The first speaker was Tan Seng Hai who shared his views on preventing Ascot Sports Sdn. Bhd. from conducting betting activities in

9234-415: The information age. This includes factual data, personal data , genetic information and pure ideas . The commodification of information is taking place through intellectual property law, contract law , as well as broadcasting and telecommunications law. Freedom of information is an extension of freedom of speech where the medium of expression is the Internet . Freedom of information may also refer to

9348-418: The internet " ... may be used to attack, harass, and silence as much as it is used to illuminate or debate". The Electronic Frontier Foundation (EFF) has argued that "censorship cannot be the only answer to disinformation online" and that tech companies "have a history of overcorrecting and censoring accurate, useful speech—or, even worse, reinforcing misinformation with their policies." According to Wu, in

9462-641: The internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet. The Global Internet Freedom Consortium claims to remove blocks to the "free flow of information" for what they term "closed societies". According to the Reporters without Borders (RWB) "internet enemy list" the following states engage in pervasive internet censorship: Mainland China, Cuba, Iran, Myanmar / Burma , North Korea, Saudi Arabia, Syria, Turkmenistan , Uzbekistan , and Vietnam. A widely publicized example of internet censorship

9576-659: The junction of King Street and Queen Street. The large paved space includes the new statue of Brian Clough , the former manager of Derby County and Nottingham Forest , who forged ties between the two cities which were famous for local rivalry. Speakers Corner Lichfield was launched in May 2009, with the help of the Speakers' Corner Trust, to much applause. Hundreds of people joined in the celebrations which featured more than 30 speeches, musical and dance performances, as well as star appearances from BBC's Jo Malin and former Coronation Street star Chris Walker . Today Speakers' Corner

9690-466: The location of Leeds's Municipal Cenotaph. The stepped base of Grey's Monument is used as a stage by assorted musicians, preachers and activists. The steps of Guildhall, Portsmouth are often used for protest activity, speeches and activists. There is a Speakers' Corner in The Domain, Sydney , established in 1878. The speakers talk every Sunday afternoon from 2 pm until 5 pm, and have

9804-486: The medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in

9918-401: The most fashionable free speech theory in modern Western democracies". Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change . Freedom of speech acts as a "safety valve" to let off steam when people might otherwise be bent on revolution . He argues that "The principle of open discussion is a method of achieving

10032-482: The most notable proponents of the link between freedom of speech and democracy is Alexander Meiklejohn . He has argued that the concept of democracy is that of self-government by the people. For such a system to work, an informed electorate is necessary. In order to be appropriately knowledgeable, there must be no constraints on the free flow of information and ideas. According to Meiklejohn, democracy will not be true to its essential ideal if those in power can manipulate

10146-411: The offence, and the general interest of the community at large. Jasper Doomen argued that harm should be defined from the point of view of the individual citizen, not limiting harm to physical harm since nonphysical harm may also be involved; Feinberg's distinction between harm and offence is criticized as largely trivial. In 1999, Bernard Harcourt wrote of the collapse of the harm principle: "Today

10260-414: The opportunity and means in which freedom of expression is manifested within court proceedings. As a general principle freedom of expression may not limit the right to privacy , as well as the honor and reputation of others. However, greater latitude is given when criticism of public figures is involved. The right to freedom of expression is particularly important for media , which play a special role as

10374-622: The other. It is a sort of weekly babel of religious tongues - recognised and patronised by the whole community" Other Speakers' Corners are found in Brisbane outside Parliament House , and in King George Square . In Melbourne , Speakers' Corner was originally held in Birrarung Marr where the original site is still visible. This site has lost some popularity over the years and Speakers' Corner (Now called "Speakers' Forum")

10488-939: The principle of public access to official records in Sweden. Excluded were defamation of the king's majesty and the Swedish Church . The Declaration of the Rights of Man and of the Citizen , adopted during the French Revolution in 1789, specifically affirmed freedom of speech as an inalienable right. Adopted in 1791, freedom of speech is a feature of the First Amendment to the United States Constitution . The French Declaration provides for freedom of expression in Article 11, which states that: The free communication of ideas and opinions

10602-462: The principle that the constitutional guarantees of free speech and free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action. The opinion in Brandenburg discarded the previous test of "clear and present danger" and made

10716-400: The process of accountability that follows it, have a significant impact on the quality of governance of a country. "Voice and Accountability" within a country, defined as "the extent to which a country's citizens are able to participate in selecting their government , as well as freedom of expression, freedom of association , and free media " is one of the six dimensions of governance that

10830-490: The request of the 'triple test' and narrow interpretation of the article's content in individual national circumstances it has led some states through a belief the European court is being too stringent to neglect their duties and responsibilities of protection as required by the convention. Importantly, the European Court of Human Rights (ECtHR) recognises the development and use of the internet to exercise this right and also

10944-569: The restrictions on it also being able to be justified by the same objectives. Although widely accepted as a right within the European Convention, it is the First Amendment within the US constitution that is synonymous globally with freedom of expression and speech. Without closer inspection, it could be suggested that both are covering the same right, just in differing contexts; however, this would not be an accurate assessment. The structure of

11058-551: The right to free speech accorded by Article 10 of the European Convention of Human Rights also accorded the right to be offensive. Prior to the ruling, prohibited speech at Speakers' Corner included obscenity , blasphemy , insulting the Monarch , or inciting a breach of the peace . The following organisations and individuals, listed here in alphabetical order, have (had) a well-established history of speaking regularly in Hyde Park. Speakers Corner Southampton opened in 1971, as

11172-613: The right to freedom of (political) speech protections in the United States almost absolute. Hate speech is also protected by the First Amendment in the United States, as decided in R.A.V. v. City of St. Paul , (1992) in which the Supreme Court ruled that hate speech is permissible, except in the case of imminent violence. See the First Amendment to the United States Constitution for more detailed information on this decision and its historical background. Limitations based on time, place, and manner apply to all speech, regardless of

11286-602: The rights of government, and their responsibilities. Education and ethical conduct would be crushed; coarseness in thought, speech, and manners would prevail, and dimness would darken the entire sky of our freedom in a few years. Under the leadership of Anders Chydenius, the Caps at the Swedish Riksdag in Gävle on December 2, 1766, passed the adoption of a freedom of the press regulation that stopped censorship and introduced

11400-533: The royal family, religion, or the government. Journalists are also not given any legal protection for their writing in Saudi Arabia. Journalist Jamal Khashoggi was a critic of the Saudi Arabian government. He was killed in 2018 by Saudi Arabian officials for his writing. Some views are illegal to express because they are perceived by some to be harmful to others. This category often includes speech that

11514-400: The second section of the article describe the restrictions that can be used by a state or public authority body that can be imposed upon the right. Van Dijk et al. discuss how within Article 8 through the concept of private correspondence expression of an opinion can often take the form of the correspondence and so there needs to be adequate protection for the privacy of the correspondence and

11628-692: The south entrance to the main plaza formed part of the Cumberland Screen at the entrance to Speakers' Corner in London. The podia on the main plaza are from the exterior columns of the Old City Hall (1908–1965) and symbolise free speech in democracy at the municipal level of government. Six paper birch trees were taken from Runnymede Meadow in Windsor Great Park , near Windsor Castle . It was there that King John signed Magna Carta on 15 June 1215. The ten gas lamps surrounding

11742-705: The speech. There is a Speakers' Corner in Albert Park in Auckland at Princes Street, opposite to the University of Auckland . The Speakers' Corner in Singapore was opened on 1 September 2000, to allow Singapore citizens to speak freely. They are exempted from the need to obtain a police permit as long as they meet the terms and conditions of use. The Speakers' Corner is located in Hong Lim Park ,

11856-453: The state's right to license the media companies, was included because of the limited number of available frequencies and the fact that, at that time, most European states had a monopoly of broadcasting and television. Later court decisions held that due to "the technical progress in the last decades, the justification of these restrictions cannot be made by reference to the number of available frequencies and channels." The public monopolies within

11970-419: The subjective nature of offence being taken but also the complexity of the ECHR failing to define hate speech within either Article 10 or any other convention, ruling or European wide statute to date. This could be explained through the need to provide states with a margin of appreciation, due to varying cultures finding offence to differing things. It has been seen as an area of great debate that Article 10 and

12084-624: The time, place and manner outlook to protest funeral proceedings. Because of recent flare ups of this occurring, legislation has been put to action to limit this. Now, funeral protests are governed and prohibited by law on a state-to-state basis inside the United States. Jo Glanville, editor of the Index on Censorship , states that "the Internet has been a revolution for censorship as much as for free speech". International, national and regional standards recognise that freedom of speech, as one form of freedom of expression, applies to any medium, including

12198-643: The town's seafront since the Victorian era . A sign today marks the "stand for delivering sermons and public speeches", while another sign close by marks the site by the old Fish Market where the Salvation Army has preached the Gospel since 1886. The Speakers' Corner fell into disuse in the late 20th century. As part of the Government's Sea Change programme, run by the Commission for Architecture and

12312-411: The two sources of freedom of expression share is that they are both not absolute and can be limited; this is also enhanced through the varying criteria by which they can be restricted also being very similar. Namely, those listed in Article 10(2) include "in the interests of national security, territorial integrity, or public safety, for the prevention of disorder or crime". It is this that often leads to

12426-461: The view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest . For example, a time, place, and manner restriction might prohibit a noisy political demonstration at a politician's home during the middle of the night, as that impinges upon the rights of the politician's neighbors to quiet enjoyment of their own homes. An otherwise identical activity might be permitted if it happened at

12540-502: The wider ECHR, not having a definition of hate speech within its content, could leave the fundamental concepts of freedom of expression and freedom of speech to be abused by its users. But any limitations on freedom of expression would damage a crucial right of those who live within a democracy, as some deem it to be counter what is laid out in Article 10(2) as not being necessary in a democratic society. The provision about "licensing of broadcasting, television or cinema enterprises", i.e.

12654-460: The world, using a survey of in-country human rights experts. Freedom of speech and expression has a long history that predates modern international human rights instruments . It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. Freedom of speech was vindicated by Erasmus and Milton . Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in

12768-419: Was famously summarised as "Freedom of the press is guaranteed only to those who own one". Lichtenberg argues that freedom of the press is simply a form of property right summed up by the principle "no money, no voice". Freedom of speech is usually seen as a negative right . This means that the government is legally obliged to take no action against the speaker based on the speaker's views, but that no one

12882-630: Was known as a free speech site from the 1910s to the 1960s. The pedestrian-only area of Pennsylvania Avenue on the north side of the White House in Washington, D.C. has become a de facto speaker's corner. Consistent with the principles of the First Amendment , ad hoc public speaking is generally legal in all public places in Washington DC, although organized demonstrations require police permits. Inspired by Speakers' Corner, Karl Dean ,

12996-435: Was the very chaos that the Internet is. The strength of the Internet is chaos." Just as the strength of the Internet is chaos, so that strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects. The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 makes specific reference to the importance of the right to freedom of expression for

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