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In Azerbaijan’s 1995 constitution freedom of expression is protected via the 47th article on Freedom of Thought and Speech. It is accompanied by articles defending freedom of conscience, assembly, information and creative work.
References:
https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf
Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. +
According to Article 23 of the 1973 Constitution of Bahrain, "Freedom of speech and freedom to carry out scientific research shall be guaranteed. Every person shall have the right to express and propagate his opinion in words or in writing or by any other means, in accordance with the conditions and procedures specified by the law."
Chapter Three, Article 23 of the 2002 Bahrain Constitution with amendments through 2017 describes freedom of expression in the following way: "Freedom of opinion and scientific research is guaranteed. Everyone has the right to express his opinion and publish it by word of mouth, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused."
References:
“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html
“Bahrain 2002 (Rev. 2017) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bahrain_2017?lang=en. +
Article 39 of the 1972 Bangladesh Constitution states that “(1) Freedom or thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen of freedom of speech and expression; and freedom of the press, are guaranteed."
References:
http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf +
Article 20 of the 1966 Barbados Constitution states: "20. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication. 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
c. that imposes restrictions upon public officers or members of a disciplined force."
References:
https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html +
Burrhus Frederic Skinner, a notable American psychologist specializing in behaviorism, interpreted freedom as a conditioned misunderstanding. Expression would be classified as individual behavioral responses to environmental stimuli as it concurs with Skinner’s operant conditioning (Cherry 2023). His contribution suggests that behaviors that are rewarded are more likely to occur again and those that are punished will have a reduced likelihood of recurrence. This exists in the context of the behaviorist approach introduced to the field of psychology by John B. Watson. Also known as the father of behaviorism, he claims behaviorism “is a purely objective experimental branch of natural science. Its theoretical goal is the prediction and control of behavior” (Watson 1913, 158–177). Accordingly, inner thoughts and experiences are disconsidered as independent phenomena and behavior consists of actions that are externally shaped and conditioned. Freedom of expression would thus be understood as a fallacy under behaviorism, due to the idea that humans are inevitably shaped by their environment and not by their determined expression.
A truly free expression, shaped by personal, mental, complex internal influences, is nonexistent in the world of behaviorism as it relates to Skinner. The fundamental ability to express oneself, granted and protected by a governmental institution, is distinguished from the freedom to control how expression is shaped. A behaviorist approach would analyze expression as it relates to the environmental influences that shaped it. Where this approach conflicts with true freedom is the source of expression and not the act of expression itself. Skinner writes, “A person never becomes truly self-reliant. Even though he deals effectively with things, he is necessarily dependent upon those who have taught him to do so” (Skinner [1971] 2024, 24). His conclusion suggests there cannot be an expression that exists independently from a source of control because people exist in environments that are shaped by people and structures in influential positions. Thus, rather than refuting this idea on the grounds of social empowerment, Skinner rejected a nonscientific approach and suggested manipulating the environment to influence people’s actions (Skinner [1971] 2024, 24). Skinner did not propose this as a recommendation for only the future, rather as a societal constant that can be shaped to benefit the world. “He argued that our increasingly detailed knowledge of behavior principles can be used in designing and engineering the environmental conditions needed to produce intentionally designed behaviors” (Baldwin, “Mead and Skinner,” 115). Behaviorism is inherently permissive of expression and does not impede on the common right of freedom of expression. However, its approach is distinguished by the understanding of how free expression can be and is controlled.
Skinner modeled this control, known as operant conditioning, in a chamber commonly known as a skinner box. In this model experiment, the subject is put in a box and is rewarded or punished based on the chosen actions. Skinner experimented with rats and eventually pigeons, but his efforts encouraged a more encompassing perspective wherein humans are the subject and the world is the box. Skinner’s book, Beyond Freedom and Dignity, offers further insight into the radical behaviorism that underlines his beliefs. He encouraged psychological research in an effort to provide order to society and shape behaviors, thereby devaluing human agency and the idea of free will. He noted, “Dependence on things is not independence,” to explain why people cannot be considered free agents, because they rely on people and institutions like schools and teachers to learn (Skinner [1971] 2024, 91). Implications on freedom of expression are dependent on whether one adopts this perspective or not. For the behaviorist, especially those like Skinner who are considered radical, freedom of expression may have never existed due to the environment predetermining what is learned. In a 1958 article for Science, Skinner exemplified a practical application of this approach. He wrote, “Teaching spelling is mainly a process of shaping complex forms of behavior” (Skinner 1958, 971). The comprehensive behaviorist approach acknowledges the source and the product of human behavior and does not regard freedom of expression as separate from the scope of control.
While there is criticism within the behaviorist approach which sees flaws in societal structures rooted in lack of control from actors in influential positions, Skinner proposes solutions in his book. “The Skinnerian framework not only suggests sources of such behavior but also provides a rationale for the treatment of deviance” (Bassiouni and Sewell, "Scientific Approaches," 1350). In addressing societal imperfections, Skinner encouraged the production of a technology of behavior that would influence public policy based on behaviorist psychology studies. (Skinner [1971] 2024, 10). He suggests this technology to be useful in preventing “the catsrophe,” as he writes throughout his book. He then lists some catasrophes being “unchecked breeding, the urestrained affleunce which exhausts resources and pollutes the environment, and the imminence of nuclear war” (Skinner [1971] 2024, 208-209). Skinner’s suggested technology aims to understand human behavior to prevent foreseen dangerous outcomes and create an “environment which makes [people] wise and compassionate” (Skinner [1971] 2024, 168). However, critics of Skinner’s contributions argue against the control he suggests due to its totalitarian nature, effectively reducing the accessibility to freedoms. Noam Chomsky, a prominent linguist and activist, wrote an essay, The Case Against B.F. Skinner, in response to B.F. Skinner’s Beyond Freedom and Dignity, in which he wrote “He is accused of immorality and praised as a spokesman for science and rationality in human affairs” (Chomsky, 1971, 1). The behaviorist approach emphasizes strict adherence to science, while critics may claim that behaviorism neglects important scientific factors due to an exclusive focus on external and observable factors. Freedom of expression, being a field of study that is more easily observed, may be interesting to a behaviorist because its application is seen in people’s behavior.
References
Baldwin, John D. "Mead and Skinner: Agency and Determinism." Behaviorism 16, no. 2 (1988): 109–27. http://www.jstor.org/stable/41236063.
Bassiouni, M. Cherif, and Alan F. Sewell. "Scientific Approaches to Juvenile Delinquency and Criminality." DePaul Law Review 23, no. 4 (Summer 1974): 1344–1407.
Cherry, Kendra. 2023. “What Is Operant Conditioning?” Verywell Mind. February 24, 2023. https://www.verywellmind.com/operant-conditioning-a2-2794863.
Chomsky, Noam. n.d. “The Case against B.F. Skinner.” https://www.ehu.eus/HEB/wp-content/uploads/2012/KEPA/The%20Case%20Against%20B.F.%20Skinner.pdf.
Skinner, B. F. Beyond Freedom and Dignity. Cambridge, MA: Hackett Publishing, 2024.
Skinner, B. F. 1958. “Teaching Machines: From the Experimental Study of Learning Come Devices Which Arrange Optimal Conditions for Self-Instruction.” Science 128, no. 3330 (October): 969–77. https://doi.org/10.1126/science.128.3330.969.
Watson, John B. "Psychology as the Behaviorist Views It." Psychological Review 20, no. 2 (1913): 158–177. https://doi.org/10.1037/h0074428.
“What Is Behaviorist Theory? Understanding Its Influence on the Work of a Behavior Analyst - Behavioral Collective.” 2021. June 8, 2021. https://behavioralcollective.com/insights/what-is-behaviorist-theory/#:~:text=Radical%20behaviorism%20is%20.
The Constitution of Belarus originally adopted in 1994 including Section II outlines the protected freedom of expression in Article 33.
References:
1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults
1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e +
Article 20 of the 27 October 1830 Draft Constitution of Belgium asserted the right to opinion: "The freedom of opinion in all matters is guaranteed."
In Belgium freedom of expression is guaranteed by Article 14 of the 1831 constitution: "The freedom of religions, their public exercise, as well as the liberty of expressing their opinions on every matter, are guaranteed; reserving the right of repressing crimes committed in the exercise of these liberties."
References:
English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults
1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 +
Article 12 of the 1981 Constitution of Belize states, "Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence." However, the Constitution also articulates certain conditions under which exceptions to this might be necessary, including what might be necessary in the "interests of defence, public safety, public order, public morality or public health; ... for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or that imposes restrictions on officers in the public service that are required for the proper performance of their functions."
References:
1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html +
Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of expression, conditioned by respect for public order.
Article 23 of Benin’s 1990 Constitution offers a similar guarantee: "
Every person has the right to freedom of thought, of conscience, of religion, of creed, of opinion and of expression with respect for the public order established by law and regulations."
References:
"Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#
1990 Constitution of the Republic of Benin:
https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf +
In The Kingdom of Bhutan all Bhutanese citizens are granted the right to free speech and expression under article 7 of the 2008 constitution. This does however only apply to those citizens of Bhutan.
References:
Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 +
Article 145 of the 1826 Draft Constitution for the Republic of Bolivia states: "Every Person may communicate his thoughts, verbally or in writing, or publish them through the medium of the Press, 'without previous censorship; but under the responsibility which the Law may determine."
References:
1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010)
Title XI: Of Guarantees
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults +
In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 12 of the 1910 Constitution of Bosnia and Herzegovina, "The right to express his opinion freely, verbally, in writing, print, or illustration is granted to every individual, without prejudice to the legal regulations dealing with the abuse of this right."
Bosnia and Herzegovina’s constitution adopted in 1995 lists freedom of expression as one of the thirteen rights afforded to any person that enters the territory. It is listed among rights like the right to life, right to marry and the right not to be subject to slavery.
References:
1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#
“Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en. +
According to Article 12 of the 1966 Botswana Constitution:
"(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."
References:
1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana +
Article 179 of the 1824 Political Constitution of the Empire of Brazil stated: "All are permitted to communicate their thoughts by words, writings and by publications in print without dependence upon censorship, the while they must respond for the abuses they may commit in the exercise of this right, in the cases and manner to be determined by law."
Freedom of expression can also be found in Article 5 of the 1988 Brazil Constitution.
References:
1824 Political Constitution of the Empire of Brazil : English original text of the Constitution of 1824 250 (2010) Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults
“Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf. +
According to the U.S. Department of State, as of 2022 in Brunei: "Under the law and emergency powers, the government restricted freedom of expression, including for media."
References:
https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/brunei/ +
Article 79 of the 1879 Tarnovo Constitution guaranteed freedom of the press. Article 88 of the 1947 Constitution of the People's Republic of Bulgaria guaranteed freedom of speech and of the press, as did Article 54 of the 1971 Constitution of the People's Republic of Bulgaria.
Bulgaria’s constitution adopted in 1991 provides explicit protection of freedom of expression.
References:
1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XI!: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults
1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=
1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults
“Bulgaria 1991 (Rev. 2015) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en. +
Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order"
Burkina Faso’s constitution protected freedom of expression when it was adopted in 1991 in the forms of opinions, press and the right to free information in article 8 of the original constitution.
References:
1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults
“Burkina Faso 1991 (Rev. 2015) Constitution.” Constitute. Last modified 2015. Accessed September 16, 2022. https://www.constituteproject.org/constitution/Burkina_Faso_2015?lang=en. +
Article 31 of the 2005 Burundi Constitution states: "The liberty of expression is guaranteed. The State respects the liberty of religion, thought, consciousness and opinion."
Burundi's current constitution was put in place in May of 2018. The new constitution guarantees freedom of expression in article 31.
References:
"Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005
“Burundi 2018 Constitution.” Constitute. Last modified 2018. Accessed September 16, 2022. https://www.constituteproject.org/constitution/Burundi_2018?lang=en. +
According to Article 9 of the 1947 Constitution: "Every Cambodian is free to speak, write, print, and publish. He may, either by way of the press or any other means express, spread, defend every opinion so long as he makes no unauthorized use of that right or does not tend to disturb the public order."
In the Kingdom of Cambodia freedom of expression is currently protected by the 41st article of the 1993 constitution. The nation is a kingdom the however, king reigns but does not govern and the citizens are afforded a plethora of protected rights.
References:
1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf
1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 +
The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of expression): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of expression specifically.
Freedom of expression is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law"
References:
1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf
1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en +