Property:Contents
Jump to navigation
Jump to search
F
Freedom of expression was first mentioned in Article 4 of Senegal’s 1959 Constitution. However, as a part of the Mali Federation, the right was guaranteed by the 1959 Constitution of the Mali Federation.
“Constitution de la Federation du Mali 1959.” World Constitutions Illustrated, HeinOnline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsn0015&i=1
“Constitution of the Republic of Senegal 24 January 1959.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsn0033&i=4 +
Article 46 of the 2006 Serbian Constitution is the first assertion of freedom of expression in the Republic of Serbia as it is known today. That said, the right has been protected in other historical documents that governed the land prior to the present-day regime; these include the Constitution of the Principality of Serbia (1869) and the Constitution of the Federal Republic of Yugoslavia (1992).
“Constitution de la Principauté de Serbie.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzcs0005&i=1
“Constitution of the Federal Republic of Yugoslavia.” Refworld. Accessed July 11, 2023. https://www.refworld.org/docid/3ae6b54e10.html
“Serbia’s Constitution of 2006.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Serbia_2006.pdf?lang=en +
Freedom of expression was first protected under Article 21 of the Seychelles Independence Constitution of 1976. The section stipulates that this right can be limited for the purposes of public interests and protection of the rights of others.
“Seychelles Independence Constitution 1976.” Citizenship Rights Africa. Accessed June 12, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Seychelles-Independence-Constitution-1976.pdf +
Article 21 of the 1961 Constitution of Sierra Leone contains the first assertion of freedom of expression in the country’s independent history. The Article also allows limitations on this right for the protection of public interests and other rights of individuals.
“Constitution of Sierra Leone.” World Constitutions Illustrated, Heinonline. Accessed Jlu 14, 2023. https://heinonline-org.offcampus.lib.washington.edu/HOL/COWShow?collection=cow&cow_id=366#:~:text=Unattributed%20%5Bundated%5D%20%2D%20English +
Freedom of expression was first asserted in Article 14(1) of Singapore’s 1963 Constitution. The right is subject to limitations on the grounds of security, public interest, and more.
“Singapore 1963 (rev. 2016).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Singapore_2016?lang=en +
The Constitution of the Slovak Republic was the first document in the country’s independent history to protect freedom of expression. This right was specifically expressed in Article 26, which also allows for limitations on expression as “necessary in a democratic society.”
“Slovakia’s Constitution of 1992 with Amendments through 2017.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Slovakia_2017.pdf?lang=en +
Freedom of expression was first asserted in an independent Slovenia under its Constitution of 1991. Article 39 of the document specifically outlines this right.
“Slovenia’s Constitution of 1991 with Amendments through 2013.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Slovenia_2013.pdf +
Social Darwinists generally did not advocate for or against freedom of expression. Rather, they spoke to the justified consequences of certain types of expression under the notion that individuals and groups were free to express themselves how they so choose. According to Richard Hofstadter, “the most popular catchwords of Darwinism, ‘struggle for existence’ and ‘survival of the fittest,’ when applied to the life of man in society, suggested that nature would provide that the best competitors in a competitive situation would win, and that this process would lead to continuing improvement” (Hofstadter, 1944, 6). It was often used to justify imperialism, racism, eugenics, and poverty as well as argue for a laissez-faire economic model (History, 2018). Freedom of expression, though not at the forefront of Social Darwinism, was relevant to Social Darwinist thought as certain forms of expression were seen as evidence of a group’s superiority or inferiority.
William Graham Sumner, a prominent Social Darwinist thinker of the late 19th and early 20th centuries, wrote about the societal implications of social customs in his book, Folkways in 1907. While he did not explicitly write about freedom of expression, he detailed the effects of different types of social expression. In Chapter V, Societal Selection, he stated, “[w]e are familiar with the fact that when a fashion has been introduced and has become common our eye is formed to it, and no one looks "right" or stylish who does not conform to it,” (Sumner, 1907,186). With fashion, people are free to dress however they like, but those who do not dress as the norm (unable to properly adapt to the environment) will face societal consequences. In order to have good standing in society, one must tailor their expression to what society deems appropriate, reiterating a social “survival of the fittest” environment. Those deemed unfit are considered social outcasts, which could lead to a variety of possible consequences. While individuals have freedom of expression legally, the social norms and expectations of society govern people’s expression; adapt to the norm, or face the consequences. Sumner further wrote in relation to fashion that “[h]e who dissents is thought rustic and boorish. He is more or less severely boycotted, which means not only that he is made to suffer, but that he loses important advantages and hurts his interests” (Sumner, 1907, 192). The societal consequences of expressing oneself differently than the norm might coerce individuals to adapt and comply with the popular fashion.
In addition to expression through one’s appearance, Sumner discussed oral expression, specifically when using slang and expletives: “There is a need for expression which will win attention and impress the memory. A strong expletive shocks an opponent, or it is an instinctive reaction on a situation which threatens the well-being of the speaker” (Sumner, 1907, 197). People had the ability to express themselves how they wished, so to Sumner, the consequences of their choices were justified; appropriate expression resulted in social success, and unfit expression resulted in social failure.
In Folkways, Sumner briefly spoke about political expression in the form of symbolism:
“The middle [class] is greatly affected by symbolism. ‘The flag’ can be developed into a fetich. A cult can be nourished around it. Group vanity is very strong in it. Patriotic emotions and faiths are its favorite psychological exercises, if the conjuncture is favorable and the material well-being is high. When the middle [class] is stirred by any spontaneous and consentaneous impulses which arise from its nature and ways, it may produce incredible results with only a minimum of organization” (Sumner, 1907, 58).
Sumner argued that symbolic expression is powerful in uniting a group of people, especially around topics of class and national identity. However, he did not imply whether Social Darwinists such as himself find this to be positive or negative, just that groups can take great advantage of free political expression. In Social and natural Darwinism, organizations play a pivotal role. They serve as interactors, defined by Hodgson and Knudsen as “a relatively cohesive entity that… interacts with its environment in such a way as to lead to changes in the population of interactors and their replicators. Social organizations are obvious candidate interactors” that contribute to the survival and evolution of a population by creating routines, habits, and environments where individuals can communicate and teach one another (Hodgson, 2013). When applied to a sociopolitical context and freedom of expression, social organizations can utilize freedom of expression to serve similar purposes, spreading ideas, establishing social norms, and creating a shared identity as seen in Sumner’s statement on political symbolism.
Herbert Spencer, another prominent Social Darwinist from the 19th century, spoke briefly but more specifically on his opinion of freedom in a famous quote regarding his “formula for justice” in The Principles of Ethics: “Every man is free to do that which he wills, provided he infringes not the equal freedom of any other man" (Spencer, 1887). Spencer’s view on freedom of expression is more clear-cut than Sumner, providing that people should be able to express themselves freely, even though he did not name the right directly. In his article on Spencer’s moral philosophy, Weinstein detailed how “[e]qual freedom was the centrepiece of Spencer’s political philosophy. Moral rights lent this centrepiece substance and integrity” (Weinstein, 1990, 127). Additionally, Spencer “[h]aving argued that freedom of action is instrumentally indispensable to the pursuit of desires and happiness, Spencer then asserts that all individuals ought to have freedom of action. Since all are endowed with faculties, and are thus bound by God’s will to exercise them, all must have freedom to act” (Weinstein, 1990, 121). Freedom is essential to the pursuit of happiness in Spencer’s view, and though he cited freedom of action, that action may include expression so long as it does not infringe upon the freedom of others.
References:
History. 2018. “Social Darwinism.” History.com. https://www.history.com/topics/early-20th-century-us/social-darwinism
Hodgson, Geoffrey. 2013. “Understanding Organizational Evolution: Toward a Research Agenda using Generalized Darwinism.” Organizational Studies, 34 no. 7, 973-992. https://doi.org/10.1177/0170840613485855
Hofstadter, Richard. 1944. Social Darwinism in American Thought. Beacon Press. http://groupelavigne.free.fr/hofstadter1955.pdf
Spencer, Herbert. 1887. The Principles of Ethics in “Herbert Spencer, Principles of Ethics (1887).” Online Library of Liberty, Liberty Fund, 1978. https://oll.libertyfund.org/pages/herbert-spencer-principles-of-ethics-1887
Sumner, William Graham. 1907. Folkways on “The Project Gutenberg eBook of Folkways,” Project Gutenberg, 2008. https://www.gutenberg.org/cache/epub/24253/pg24253-images.html
Weinstein, D. 1990. “Equal Freedom, Rights and Utility in Spencer’s Moral Philosophy.” History of Political Thought, 11 no. 1. 119-142. https://www.jstor.org/stable/26213841
“William Graham Sumner.” n.d. Encyclopedia Britannica. Accessed June 27, 2024. https://www.britannica.com/biography/William-Graham-Sumner
The Solomon Islands’ Constitution of 1978 was the first document in the country’s independent history to protect freedom of expression. Article 12 specifically defines this right and its limitations related to public interests.
“Solomon Islands 1978 (rev. 2018).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Solomon_Islands_2018 +
The Constitution of the Somali Republic, adopted in 1960, is the first assertion of freedom of expression in the country’s history. The right was specifically outlined in Article 28, which also defined limitations as “prescribed by law for the purpose of safeguarding morals and public security.”
“The Constitution of the Somali Republic.” Citizenship Rights Africa. Accessed July 13, 2023, http://citizenshiprightsafrica.org/wp-content/uploads/2020/10/Somalia-Constitution-1960.pdf +
Freedom of expression was first protected under South Africa’s Interim Constitution of 1993. Article 15(1) specifically defines the right.
“Constitution of the Republic of South Africa Act 200 of 1993 [repealed].” Government of South Africa. Accessed July 13, 2023. https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200-1993#Fundamental%20Rights +
Article 21 of South Korea’s 1948 Constitution is the first assertion of freedom of speech in the country’s independent history. The law also states that the right may not be expressed in a way that violates the honor of others or undermines morals and ethics.
“Korea (Republic of) 1948 (rev. 1987).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Republic_of_Korea_1987 +
Article 24 of South Sudan’s 2011 Constitution is the first assertion of freedom of expression in the country’s independent history. That said, the South Sudanese people were granted this right in 1973 through the Permanent Constitution of Sudan before their country seceded from the Republic of Sudan.
“The Permanent Constitution of the Sudan.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsd0013&i=1
“South Sudan 2011 (rev. 2013).” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/South_Sudan_2013 +
Article 17 of the Spanish Constitution of 1869 was the first specific assertion of freedom of expression in the country’s history. However, Spaniards were granted a form of this right, the freedom to print and publish their ideas, in the Constitution of 1837.
“Spain Constitution of 1869 - Translated by Luis Francisco Valle Velasco.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzes0128&i=1
“Spain’s Constitution of 1837.” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Spain_1837.pdf?lang=en +
Freedom of expression was first protected in Sri Lanka’s 1973 Constitution. Article 18 (1)(g) specifically defines this right, as well as some limitations to it based on public interests.
“Constitution of Sri Lanka (Ceylon).” The Parliament of Sri Lanka. Accessed July 13, 2023. https://www.parliament.lk/files/ca/4.%20The%20Constitution%20of%20Sri%20Lanka%20%20-%20%201972%20(Article%20105%20%E2%80%93134)%20Chapter%20XIII.pdf +
Sudan’s Constitution of 1973 is the first document to protect freedom of expression in the country’s history. Article 48 specifically defines the right.
“The Permanent Constitution of the Sudan.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsd0013&i=1 +
Suriname’s Constitution of 1987 establishes freedom of expression. Article 19 specifically outlines the right.
“Suriname 1987 (rev. 1992).” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Surinam_1992 +
Freedom of expression was first specifically asserted in Sweden through Article 1 of the Fundamental Law on Freedom of Expression, adopted in 1991. However, freedom of the press, and thus expression through writing, has existed in the country since the adoption of the Freedom of Print Act in 1776.
“Fundamental Law on Freedom of Expression.” Sveriges Riksdag. Accessed July 12, 2023. https://www.riksdagen.se/globalassets/05.-sa-fungerar-riksdagen/demokrati/the-fundamental-law-on-freedom-of-expression.pdf
Nordin, Jonas. “The Swedish Freedom of Print Act of 1776 - Background and Significance.” Journal of International Media and Entertainment Law 7, no. 2 (2018): 137-144. https://www.swlaw.edu/sites/default/files/2018-04/Nordin%20Pages%20from%207.2%20FULL%20v7%20%284_13_18%29_.pdf +
Article 16 of Switzerland’s 1999 Constitution is the first explicit assertion of freedom of expression in the country’s history. However, prior to the adoption of that document, the Swiss Federal Tribunal recognized the right as an unwritten fundamental liberty.
Hertig Randall, Maya. “The Swiss Federal Bill of Rights in the Context of International Human Rights Protection: Added Value and Shortcomings.” Revue Interdisciplinaire d'Études Juridiques, 77 no. 2 (2016): 151-177. https://www.cairn.info/revue-interdisciplinaire-d-etudes-juridiques-2016-2-page-151.htm#re25no25
“Switzerland’s Constitution of 1999 with Amendments through 2014.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Switzerland_2014.pdf?lang=en +
The Syrian Constitution of 1930 was the first document to protect freedom of expression in the country’s history. Article 16 specifically outlined the right and stated that it was “subject to the provisions of the law.”
“Syria Constitution (1930).” World Statesmen. Accessed July 13, 2023. https://www.worldstatesmen.org/Syria-Constitution1930.docx +