Theoretical Foundations

Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?

In this webinar organized by Rishit Vimadalal for the Lockdown Lecture Series, Advocate (India) and legal scholar Dr. Abhinav Chandrachud discusses the breadth and scope of the right to freedom of speech and expression in India from pre-constitutional to contemporary times. The broad themes spanned by the webinar are: the law of prior restraints; the law of sedition in India; the concerns about the propensity for laws pertaining to and regulating free speech and expression to be changed during pandemics such as the COVID-19; Constituent Assembly Debates about free speech and expression as a right in India; Constitutional amendments and their implications for free speech and expression; and interesting nuances of obscenity, contempt of court, and criminal defamation.

The Panel on ‘Freedom of Speech: Theories and Foundations’ was convened by the Emory Law Journal as part of the 2015 Randolph W. Thrower Symposium on ‘The New Age of Communication: Freedom of Speech in the 21st Century’. The Panel comprised of Dean Erwin Chemerinsky, University of California-Irvine School of Law; Professor Frederick Schauer, University of Virginia School of Law; Professor Alexander Tsesis, Loyola University Chicago School of Law; and Professor Laura Weinrib, The University of Chicago Law School, and was moderated by Prof. Julie Seaman. The objective of the Symposium was to explicate and discuss the changing doctrine of free speech in the USA, particularly in light of decisions about the contours of speech rights such as McCutcheon v. Federal Election Commission, Snyder v. Phelps, and United States v. Alvarez. The Symposium emphasized on the impetus provided by these decisions and the approaches contained therein for a discourse on theories and foundations, current doctrines, as well as the future of free speech and expression. 

Modern liberal-democratic nations are divided over whether the right to freedom of expression should extend to hate speech, which abuses, degrades, or promotes violence or discrimination against others based on traits like race, nationality, religion, sex, sexual orientation, and gender identity. Most liberal democracies outlaw certain forms of public hate speech in order to protect the dignity, equality, and security of the targeted groups. At the same time, the United States rejects this position and holds that public hate speech generally should receive constitutional protection.

This essay argues that bans on public and private hate speech can contradict liberal principles. It focuses on the writings of John Locke, which laid the theoretical foundations of the modern liberal state and addressed the problem of speech that denies the equal status and rights of others. Locke's thought offers a valuable starting point for considering how liberal principles should apply to hate speech.

This essay presents a theory of free expression based on liberal humanism, which argues that free speech is based on respect for human freedom and dignity, but does not entitle one to infringe on the rights of others. It uses this approach to grapple with the problem of hate speech, which may be restricted on the grounds that it violates the most basic right of all: the right to be recognized and treated as a human being and a member of the community. Locke argued that expression that sought to deny freedom and equality to religious minorities should not receive legal protection because it invaded its targets' rights and undermined society's foundations. The essay also responds to two of the leading liberal arguments against hate-speech bans: that they violate individual autonomy and undermine democratic legitimacy.

“Freedom of speech encompasses not only a right to express oneself but also a right to access information. This right is particularly pertinent to libraries, whose mission is often focused on enabling and expanding access to information. Libraries can support this activity with a theoretical background that draws upon the three predominant jurisprudential theories of freedom of speech: the marketplace of ideas, democratic ideals, and individual autonomy. In this article, each of these theories is explained and then applied to the library context, creating a starting place for further investigation and application of these judicial theories to information access.”

“This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.”

This lesson is part of an International Human Rights free online course created by the MOOC Chile project. The lesson answer the questions: What is freedom of expression? And why it is an important right? "In this class [they] first refer to the sources of freedom of speech in international human rights law as well as to which aspects are covered by it. [They] will also explain which types of discourse are protected and which not. Then [they] will summarize the main justifications given for protecting speech freedom. After that, [they] will deal with the main restrictions to which the freedom of expression may be subjected." 

The report, written by Nic Newman and published by the Reuters Institute for the Study of Journalism with the support of the Google News Initiative, starts straightforwardly: it declares 2024 as “another challenging year ahead for journalism.” Artificial intelligence, the disruptions it delivers to the media sector, critical elections taking place around the world, and the continuing wars force journalists and media outlets “to rethink their role and purpose with some urgency.” Journalism content will face radical distribution changes due to Search Generative Experiences and AI-driven chatbots that will reduce media outlets’ audiences. The report includes findings from a survey conducted between November and December 2023 in which over 300 digital leaders from more than 50 countries and territories participated. Despite the grim forecasts, the report still offers ways for journalists and media to adapt, “Embracing the best of AI while managing its risks will be the underlying narrative of the year ahead.” In this podcast episode of the Reuters Institute for the Study of Journalism, Nic Newman discusses the report’s findings and more.