Scope of Freedom of Expression

This Module focuses on the extent and limits of freedom of expression under international human rights treaties beginning with the ICCPR, as well as under the regional human rights conventions of Europe, the Americas and Africa. The Module includes extensive readings and jurisprudence on the three-part test, the legal test that governs in many countries around the world the legitimate restrictions to freedom of expression

10 items found, showing 1 - 10

Other key standards

Author: M.G. Wallace
Media Type Icon

This article examines the constitutionality of Sedition Laws in the United States and its relation with the freedom of speech and expression. The author also provides an account of the historical underpinnings of Sedition Laws.

Wallace, M. G. "Constitutionality of Sedition Laws." Virginia Law Review 6, no. 6 (1920): 385-99. doi:10.2307/1064269.

Author: Frederick Schauer
Media Type Icon

This article unpacks and explains the chilling effect and discusses how uncertainty generally and the chilling effect will affect how various classes of speech are treated.

Frederick Schauer, "Fear, Risk and the First Amendment: Unraveling the Chilling Effect" (1978). Faculty Publications. 879. https://scholarship.law.wm.edu/facpubs/879

Author: Joshua Azriel
Media Type Icon

This article, by looking back through almost the last 100 years of American history, shows that the current laws on sedition and free speech in the post-9/11 era parallel those adopted from two other time periods in American history, i.e. World War One and the Cold War. It also argues that changes in current sedition laws are not needed to fight the war on terrorism five years after the attacks on September 11, 2001.

Joshua Azriel, "Five Years after the 9/11 Terrorist Attacks: Are New Sedition Laws Needed to Capture Suspected Terrorists in the United States," Connecticut Public Interest Law Journal 6, no. 1 (2006-2007): 1-22

Author: Soli J. Sorabjee
Media Type Icon

This article discusses the importance of the freedom of expression and the freedom of press in the Indian context, and in the specific context of the constitution and the restrictions it allows to be placed on it. It then discusses censorship as an inevitable result of this, focusing on prior restraint and traces the history of legislation and cases on these principles, from the perspective of both civil and criminal law, and concludes with recommendations on changes which are needed, mentioning the law of contempt specifically.

Sorabjee, S. J. (1994). Freedom of expression and censorship: Some aspects of the indian experience. Northern Ireland Legal Quarterly 45(4), 327-342. http://heinonline.org/HOL/P?h=hein.journals/nilq45&i=337

Author: Columbia Global Freedom of Expression
Media Type Icon

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?

Author: Walter Berns
Media Type Icon

The author analyses the Alien and Sedition Laws in America in the backdrop of Freedom of Press and the Alien and Sedition Laws.

Berns, Walter. "Freedom of the Press and the Alien and Sedition Laws: A Reappraisal." The Supreme Court Review 1970 (1970): 109-59. http://www.jstor.org/stable/3108724.

Author: John Rawls
Media Type Icon

Rawls’ discussion of the first principle of justice, which he terms the “liberty principle”, particularly when it would be justified to limit basic liberties such as that of speech.

John Rawls. "Justice as Fairness: Political Not Metaphysical." Philosophy & Public Affairs 14, no. 3 (1985): 223-51. http://www.jstor.org/stable/2265349.

Author: Nani Jansen Reventlow, Jonathon Penney, Amy Johnson, Rey Junco, Casey Tilton, Kate Coyer, Nighat Dad, Adnan Chaudhri, Grace Mutung’u, Susan Benesch, Andres Lombana-Bermudez, Helmi Noman, Kendra Albert, Anke Sterzing, Felix Oberholzer-Gee, Holger Melas, Lumi Zuleta, Simin Kargar, J. Nathan Matias, Nikki Bourassa, Urs Gasser
Media Type Icon

"This collection of essays includes perspectives on and approaches to harmful speech online from a wide range of voices within the Berkman Klein Center community. Recognizing that harmful speech online is an increasingly prevalent issue within society, we intend for the collection to highlight diverse views and strands of thought and to make them available to a wide range of audiences."

Nani Jansen Reventlow, et al., Perspectives on Harmful Speech Online. Berkman Klein Center for Internet & Society Research Publication, 2016.

Author: Geoffrey Palmer
Media Type Icon

This article considers the law of sedition, tracing its history through the origins and evolution of such laws in England. It discusses the philosophy behind freedom of expression, identifying the four commonly held justifications for the principle. It contemplates the tradition of free speech in the United States and the relationship between First Amendment free speech, defamation, and sedition, as illustrated in the case New York Times v Sullivan. It argues that sedition (in the form of defamation against the government) strikes at the very heart of democracy and that political freedom ends when government can use its powers and its courts to silence its critics.

Geoffrey Winston Russell Palmer, Political Speech and Sedition, 11 & 12 Yearbook of New Zealand Jurisprudence 36 (2009) 

Author: IACmHR, Catalina Botero Marino
Media Type Icon

PowerPoint Presentation created by the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission for Human Rights. This presentation is used by the Office in their training sessions. It addresses the Inter-American human rights system, explains the mandate of the Office of the Special Rapporteur, and refers to the jurisprudence and standards on: prohibition of prior censorship, prohibition of desacato laws, proportionality of subsequent liability, prohibition of indirect restrictions on speech, access to information and violence against media workers. .

OAS, IACmHR, Special Rapporteur for Freedom of Expression, Catalina Botero. PowerPoint Presentation  for a training session about Inter American Standards on freedom of expression. 2013