Freedom of Expression/History/Source

Freedom of Expression

What is the oldest source in any country that mentions this right?

The ancient Greeks within the Athenian Democracy, using the words “parrhesia” and “isegoria” (dating back to the fifth century BCE) were the first to emphasize the freedom to speak candidly and to "say what one pleased" a subset of freedom of the future declaration of freedom of expression (Bejan 2019, 97). From the ancient Greeks, “Parrhesia” specifically describes the freedom to say whatever one pleased, and a similar idea describing freedom of expression, “isegoria,” describes the right of citizens to publicly address and debate against the democratic assembly (Lu 2017, 4). “Isegoria” is derived from the root word “agora” which translates to marketplace, and thus the meaning of this version of freedom of expression addresses that of public speech. This right to “isegoria” was more heavily based in the ideas of equality of all men to have access to the government than for the principles of freedom (Bejan 2019, 99). On the other hand, “parrhesia” held a broader meaning. This idea is more about the right to speak freely or frankly. This word implies a willingness of the speaker to be open, honest, and courageous in dealing with the consequences of the sometimes controversial truth which he spoke while those who listened had to tolerate any offense taken from the speaker.

During meetings of the dêmos, a term used to describe the populace of Athens, the herald of the assembly would call “who wishes to speak?” (Wallace 2004). In this venue, the populace could voice their opinions and concerns to be heard by the assembly. Parrhesia extended beyond the dêmos; it was present in Athenian humor and was capitalized on by philosophers like Plato and Socrates (Wallace 2004). What the Athenians lacked was “a conception of precisely those inalienable rights which have been the foundation of the modern libertarian doctrine: freedom of speech, of religion and so on.” (Finley 1983). What this meant was that since there was no conception of these laws, such as a constitution, the Athenian government could censor certain persons or ideas as they saw fit. Parrhesia might not have been absolute, or last in Athens after the fall of democracy in Greece, but its memory was preserved by scholars and served as inspiration for future generations.

The origins of freedom of expression can be traced as far back as the 16th century. During this time, the Protestant Reformation occurred. Before the Reformation, the Church would put down any attempts at reform, typically in brutal fashion. “The birth of [freedom of expression] is credited to the Protestants – those who, as their name indicates, dared to protest and reclaimed the right to dissidence” (Zoller 2009). The Protestant Reformation showed that it was possible to gain freedom of expression and was one of the key sources of inspiration of the Enlightenment, which was one of the most important sources of inspiration for Americas founding fathers (Bristow 2010). Shortly after the Declaration of Independence, the Virginia Colonial Legislature adopted The Declaration of Rights, which included freedom of the press (Lewis 2007). During the period between the Declaration of Independence and the adoption of the First Amendment, “nine of the original thirteen states had such provisions in their constitutions or other basic documents.” (Lewis 2007). When the Constitution was drafted in 1787, it was the creators and supporters of these state rights that insisted they be included in the federal Constitution. The First Amendment in the Bill of Rights establishes the specifics of the freedom to express, including freedom of speech, freedom of the press, the right to peacefully assemble, and the right to petition the government. At the same time, the French Revolution was in progress and the new National Assembly created the Declaration of the Rights of Man in 1789. Within this declaration, it states “The free communication of ideas and opinions 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.” (Declaration of the Rights of Man 1789). Both France and the United States were establishing new governments in the wake of a revolution from a monarch. The censorship employed by these monarchs was one of the key reasons why both countries explicitly outlined the freedom to citizens to express themselves in their new constitutions.

To summarize, when was the oldest source that mentions freedom of expression? While it was not specifically mentioned, it can be seen in the 16th century during the Protestant Reformation. It was specifically mentioned and recognized in England’s 1689 Bill of Rights, but this did not extend to the citizens. Freedom of expression was not given explicitly to the citizens until France and the United States did so in 1789 with the Declaration of the Rights of Man, and the U.S. Constitution.

References: “Avalon Project - Declaration of the Rights of Man - 1789.” Accessed June 6, 2024. https://avalon.law.yale.edu/18th_century/rightsof.asp

Becker, Sascha O., Steven Pfaff, and Jared Rubin. “Causes and Consequences of the Protestant Reformation.” Explorations in Economic History 62 (October 1, 2016): 1–25. https://doi.org/10.1016/j.eeh.2016.07.007

Bristow, William. “Enlightenment,” August 20, 2010. https://plato.stanford.edu/entries/enlightenment/?ref=artshelp.com

Burch, Kerry. “Parrhesia as a Principle of Democratic Pedagogy.” Philosophical Studies in Education 40 (2009): 71–82. https://eric.ed.gov/?id=EJ864311.

Finley, Moses I. Politics in the Ancient World. Cambridge University Press, 1983.

National Archives. “Bill of Rights (1791),” May 18, 2021. https://www.archives.gov/milestone-documents/bill-of-rights

On Misconceptions Generated By Translating Parrhesia and Isegoria as “Freedom of Speech,” Chin-Yu Ginny Lu, 4, The University of Arizona, 2017 Tucson.

Two Concept of Freedom (Of Speech), Teressa M. Bejan, 97-99, Oxford University, 2019 Oxford.

Wallace, Robert W. “THE POWER TO SPEAK —AND NOT TO LISTEN— IN ANCIENT ATHENS.” In Free Speech in Classical Antiquity, 221–32. Brill, 2004. https://doi.org/10.1163/9789047405689_011

What is Freedom of Expression, Freedom Forum Institute Editors, Freedom Forum Institute, 2020 Washington D.C.

Zoller, E. “Foreword: Freedom of Expression: ‘Precious Right’ in Europe, ‘Sacred Right’ in the United States?” Indiana Law Journal, 2009. https://www.semanticscholar.org/paper/Foreword%3A-Freedom-of-Expression%3A-%22Precious-Right%22-Zoller/a06d65926e0118f6353c2d09b3638038d266ceed.