Freedom of Expression

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

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.

What historical forces or events, if any, contributed to a widespread belief in its importance? 🖉 edit

Debates and movements for the protection of freedom of expression are a recent development that “scarcely arose before the revolutions of the eighteenth century" (Zoller 2009, 803). But one can see that it is frequently in response to oppressive governmental measures that opposition arises to promote freedom of expression for democratic society and its citizens from external censorship. The intended outcome of these revolutions was to ensure the citizen’s right “to freely speak one's mind, represent one's viewpoint, defend one's opinions, communicate one's ideas… without fear for life, liberty, or possessions, but with peace of mind and a firm certainty of freedom from government harassment…” (Zoller 2009, 803). There are five notable historical movements and events that helped contribute to the widespread belief of freedom of expression as a fundamental right: the Enlightenment, The American and French Revolutions, the United Nations’ Universal Declaration of Human Rights, the fall of the Berlin Wall, and the Arab Spring.

THE ENLIGHTENMENT

The promotion of freedom of expression as a universal right was first established by the philosophes of the Enlightenment in the 17th and 18th centuries. Frederick of Prussia, Immanuel Kant, and Johann Gottlieb Fichte all wrote on the idea of freedom of expression, especially in how it relates to free thought and opinion. James Schmidt quoted Immanuel Kant in support of the claim that freedom of thought, however praiseworthy in its own right, is much more valuable when informed by the thoughts of others: “‘… but how much and how accurately would we think if we did not think, so to speak, in community with others to whom we communicate our thoughts and who communicate their thoughts to us!’” (Schmidt [quoting Kant] 1996, 30). Agreeing with this sentiment, Frederick of Prussia also expressed his wish “to rule over a noble, brave, freethinking people, a people that has the power and liberty to think and to act, to write and to speak, to win or to die” (Schmidt [quoting Frederick of Prussia] 1996, 89). At this point in history, freedom of expression, especially in a monarchical context, became a key component of Enlightenment thought, as it was determined that the right to possess and share one’s opinions was the mark of a civilized society.

THE AMERICAN AND FRENCH REVOLUTIONS

Building upon Enlightenment philosophies, freedom of expression (or the lack thereof) played central roles in the American and French Revolutions of the late 18th centuries. However, how freedom of expression was expressed in each case manifested very differently.

In America, "as taxes were imposed without their consent, colonists believed their freedom of expression and representation was violated. Protests, petitions, and gatherings were quickly put down by government officials. Freedom of expression, speech, and the press were punishable and denied to many" (Charkins et. Al 2019, 35). The repression of what the colonists believed to be a fundamental right only exacerbated the situation and eventually led them to demand “the formation of a government that would promise protection of those inherent liberties" via the American Revolution (Pomerance 2016, 112). After the war, this eventually prompted the ratification of the First Amendment to the Constitution that confirmed that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution, 1791).

Conversely, while American efforts came from an institutionalized lack of freedom, the French struggle came from a surprising decision from King Louis XVI. In 1789, when he called a meeting of the Estates General, he began by “suspending censorship of publications, even allowing writings that criticized the monarchy…" (Pomerance 2016, 114). This afforded French people freedom of expression to a degree they had never seen before, and soon newspapers and pamphlets across France were calling for a democratic overhaul of the whole country. This top-down decision from the King paved a slightly untraditional path to revolution, especially in contrast to the Americans who were denied freedom of expression from their government. Louis had opened the floodgates, and just months after the first meeting, “there was little doubt that free speech and expression were high on the list of demands from the Frenchmen calling for change” (Pomerance 2016, 117). These sentiments were eventually listed in the Declaration of the Rights of Man and of the Citizen, in Articles 10 and 11 which state that “no one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established Law and Order,” and “the free communication of ideas and of opinions is one of the most precious rights of man. Any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by Law" (“Declaration of the Rights of Man”).

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

International protections of fundamental rights did not emerge until the late 20th century in response to the “barbarous acts” of World War II (Amnesty International). And in response to these acts, it became a goal of the newly founded United Nations to set a global standard for freedom and justice for everyone, regardless of nationality or citizenship. The Universal Declaration of Human Rights (UDHR) was adopted in 1948 and establishes a comprehensive list of rights and liberties that everyone is entitled to. Freedom of expression is guaranteed by Article 19 which states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” (United Nations 1948). While the UDHR is not a legally binding document, it was the first international agreement focused on the protection of basic human rights and freedoms.

THE FALL OF THE BERLIN WALL

The fall of the Berlin Wall was a major turning point in the history of freedom of expression and its applications. During the Cold War, Europe was split between a democratic West and a communist East, with a physical manifestation of this divide erected in Berlin by the German Democratic Republic (East Germany). Many basic freedoms and liberties were suppressed in the Eastern Bloc, and “human rights violations in East Germany centered mainly on freedom of movement, expression and association” (Human Rights Watch 1989). Before the fall, “the potential to express dissidence… [marked] the border between East and West," but after, East Berliners used their restored freedoms to express their opinions without fear of retribution (Zoller 2009, 806). The fall of the Berlin Wall was a major win for universal human rights, and it marked the beginning of the end of the Cold War that inspired similar democratic movements across the Eastern Bloc that eventually led to the collapse of the Soviet Union.

THE ARAB SPRING

Applications of human rights and freedoms will have to continue to adapt to societal changes. As recently seen with the Arab Spring uprisings, widespread access to the internet and social media channels that now allow near total freedom of expression on a global scale has reshaped how one can utilize this freedom for the promotion of democracy, but it has also raised questions as to how parameters of this right should be drawn in instances of dangerous or harmful views. Before the rise of the internet, “discussions focused on the idea of what a man was allowed to utter or write when he found himself to be at odds with an established orthodoxy…", but now, it is imperative that “national legislations should envisage legal instruments to carefully limit its application (when abusive), in those situations in which free speech becomes an obstacle for the free exercise of other fundamental rights” as free speech and expression can be shared on an international level (Racolța 2019, 8, 15). Although freedom of expression is now an expected right of democratic societies, it remains at the forefront of international discussions to determine how to both ensure the right itself for people deprived of it and to also protect people from abuses of free expression. 

References:

Charkins, Jim, Michelle Herczog, and Thomas Herman. “Breaking Down the Silos: The American Revolution--A Story Well Told.” Social Studies Review 58 (January 2019): 25–42. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=eft&AN=154271093&site=ehost-live&scope=site.

“Declaration of the Rights of Man.” Avalon Project. Accessed June 16, 2023. https://avalon.law.yale.edu/18th_century/rightsof.asp.

“EAST GERMANY.” Human Rights Watch World Report, 1989. https://www.hrw.org/reports/1989/WR89/Eastgerm.htm.

Pomerance, Benjamin. “First In, First Out: Promises and Problems of Free Expression in Revolutionary and Post-Revolutionary Governments.” Maryland Journal of International Law 31, no. 1 (January 2016): 107–79. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=122460887&site=ehost-live&scope=site.

Racolța, Remus, and Andreea Verteș-Olteanu. 2019. “Freedom of Expression. Some Considerations for the Digital Age.” Jus et Civitas VI (LXX) (1): 7–16. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=139539130&site=ehost-live&scope=site.

Schmidt, James. What Is Enlightenment?: Eighteenth-Century Answers and Twentieth-Century Questions. Philosophical Traditions. Berkeley: University of California Press, 1996. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=nlebk&AN=4657&site=ehost-live&scope=site.

“Universal Declaration of Human Rights.” Amnesty International, April 11, 2023. https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/#:~:text=The%20UDHR%20was%20adopted%20by,for%20freedom%2C%20justice%20and%20peace.

United Nations General Assembly. The Universal Declaration of Human Rights (UDHR). New York: United Nations General Assembly, 1948.

Zoller, Elisabeth. "Foreword: Freedom of Expression: Precious Right in Europe, Sacred Right in the United States," Indiana Law Journal 84, no. 3 (Summer 2009): 803-808

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

Afghanistan 🖉 edit

Article 31 of the 1964 Afghanistan Constitution states that “every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution” (University of Nebraska, “Constitution of Afghanistan,” 1964) .

In Afghanistan's 2004 constitution Article 34 explicitly protects the freedom of expression. With every Afghan having the right to “express through speech, writing, illustrations as well as other means in accordance with the provisions of the constitution.”

References:

1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish

2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en

Albania 🖉 edit

Article 197 of the 1928 Fundamental Statute of the Kingdom of Albania guaranteed freedom of speech in peacetime under ordinary circumstance, but left room for exceptions in wartime or under extraordinary conditions. Freedom of speech was also asserted in Article 53 of the 1976 Constitution. Article 22 of the 1998 Albanian constitution guarantees the freedom of expression.

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

Albania Constitution (1976): https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf

Albania Constitution (1998): “Albania 1998 (Rev. 2016) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Albania_2016?lang=en.

Algeria 🖉 edit

Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly”

Freedom of expression is currently guaranteed by the 52nd article of the 2020 Algeria constitution.

References:

“The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.

“Algeria 2020 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Algeria_2020?lang=en.

Andorra 🖉 edit

The Andorran constitution ensures freedom of expression and the freedom to share information in the 12th article of their constitution. This right was codified in 1993 and includes a prohibition on public censorship.

“Andorra 1993 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Andorra_1993?lang=en.

Angola 🖉 edit

Article 22 of the 1975 Angolan Constitution states: "Within the framework of the realization of the basic objectives of the People's Republic of Angola, the law will ensure freedom of expression, assembly, and association." Freedom of expression is asserted in the 1992 Angola constitution, part II, article 32: "Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed." Under chapter two, article 31-32 of the 2010 Angolan Constitution, freedom of expression is guaranteed along with other civil rights and freedoms considered fundamental.

References:

1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197

1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf

2010 Angola Constitution: Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Angola_2010?lang=en.

Antigua and Barbuda 🖉 edit

In Antigua and Barbuda the 1981 constitutions second chapter offers a broad variety of protections. They range from the freedom of expression to the protection from discrimination on the grounds of race.

References:

“Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html.

Argentina 🖉 edit

In Argentina the 1853 constitution laid the groundwork for freedom of expression. "Freedom of speech, although not expressly granted by the Argentine Constitution as it is in the Constitution of the United States, is nevertheless impliedly recognized in Article 14, which guarantees freedom of the press and which provides that all inhabitants of the nation have the right to publish their ideas through the press without previous censorship; and in Article 33, which provides that the declarations, rights, and guarantees enumerated in the Constitution shall not be considered a denial of other rights and guarantees not enumerated but which arise from the principle of the sovereignty of the people and of the republican form of government." (Amadeo, 186-187)

References:

Amadeo, Santos P.. Argentine Constitutional Law: The Judicial Function in the Maintenance of the Federal System and the Preservation of Individual Rights. New York Chichester, West Sussex: Columbia University Press, 1943. https://doi-org.proxygw.wrlc.org/10.7312/amad90398

Armenia 🖉 edit

The 1990 Declaration of Independence of Armenia guaranteed freedom of speech. Article 24 of the 1995 Constitution of Armenia also guaranteed freedom of speech, using language that suggests modes of expression analogous to speech: "Everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders." This constitution was amended in 2005, and Article 27 of the version amended amended in 2005 specifies a guarantee of freedom of expression: "Everyone shall have the right to freely express his/her opinion. No one shall be forced to recede or change his/her opinion. Everyone shall have the right to freedom of expression including freedom to search for, receive and impart information and ideas by any means of information regardless of the state frontiers."

References:

Armenian Declaration of Independence: https://www.gov.am/en/independence/

"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng

"Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng

Australia 🖉 edit

According to the Australian Human Rights Commission: "The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensable part of the system of representative and responsible government created by the Constitution. It operates as a freedom from government restraint, rather than a right conferred directly on individuals." Furthermore, the Australian Human Rights Commission sees freedom of expression as extant in common law, and described a presumption in favor of preservation of such rights, absent explicit claims by Parliament to the contrary: "A well-established principle of statutory interpretation in Australian courts is that Parliament is presumed not to have intended to limit fundamental rights, unless it indicates this intention in clear terms. This includes freedom of expression."

References:

“Freedom of Information, Opinion and Expression.” The Australian Human Rights Commission. Accessed September 14, 2022. https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression.

Austria 🖉 edit

Article 13 of Austria’s 1867 “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” states that “Everyone has the right within the limits of the law freely to express his opinion by word of mouth and in writing, print, or pictorial representation. The Press may be neither subjected to censorship nor restricted by the licensing System. Administrative postal distribution vetoes do not apply to inland publication” (Basic Law of 21 December 1867) .

References:

1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html

Azerbaijan 🖉 edit

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.

The Bahamas 🖉 edit

In The Bahamas Freedom of expression in the 23rd article of the third chapter of the constitution. The constitution signed into law in July of 1973 has remained the ruling doctrine ever since.

“The Bahamas Constitution.” The Constitution of the Commonwealth of the Bahamas - Government - Details. Last modified 1973. Accessed September 14, 2022. https://www.bahamas.gov.bs/wps/portal/public/About%20The%20Bahamas/Constitution/!ut/p/b1/vVPLdqJAEP2WfMCEbugHLDvyEJXmjcCGoxjBR4MKavDrx8zMIplzJtlM0r3q07fqVt1bJeVSKuXN4rKpFv2mbRb713dOCgVYDmNIdSwMCLBjb8Y8OpZdiO-A7AMAAr_jLRc5xv3bNUcM2NBAY8XXFRACaS6lUSa_6J1dWXawPvjdlgUHmyQ1X-n2eXaGm8pDvWAjXngpfomxq0HlXHal4CdhWEorGw2hKaZN88RCoybHS83j56ZuT5d9lEZDuH7BnXIaYx5TS8jVFKXzOnPYygfE6IrjVQSJmFomrxVe50cnSkvNxEPVHkjdreJzTzLjDLq9eTTzJVi6bao6qfYMnnD18PCnf_CPw8Bn-k2kfLMUj9dSPIJHqEAKZUgRpVTDGJK7PPmHGabyJ4BXB34BPigxuwPomwxRAu4mARaE0Acqh1IkpQAV4XY42LfdLdiCq8xnJXD0wIM7AKNomfDIGhw-4eEpcGAMbmGUT5ybD7tdNfQ88lZJED8xnS1gfPmb0JUj7U44gmQa4_tQoK8mtLCr3jWikcewDCwXfjeh8q2SWp4LvrzDd0OD_P_v4btNUTUCMVWRphKAkEqlZJshqqv2VbejYtT240WndU_-bm6wXifZrOSbTSDaMtRUq5jgcG9Ul6gpf8wvqjOlsN1Re8QOYneMLHcG9-dKXmdnlqWtS0Zu_RwnpqmfmrBq5iNNmMeBzfr1FhU6r-LbnJiBzAmQJ7dCDCFZ9qG69NStKKnZ3PLsNk01OxO-j16AX-xXXbwD03mXljOvahWrXImegCr0lvU4qUBy2TY1OY2HfL4YljKie5Upsk0X6EHi41Y8SwcRX2Z4Yqz524sefgIOCsrJ/dl4/d5/L2dBISEvZ0FBIS9nQSEh/.

Bahrain 🖉 edit

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.

Bangladesh 🖉 edit

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

Barbados 🖉 edit

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

Belarus 🖉 edit

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

Belgium 🖉 edit

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

Belize 🖉 edit

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

Benin 🖉 edit

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

Bhutan 🖉 edit

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

Bolivia 🖉 edit

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

Bosnia and Herzegovina 🖉 edit

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.

Botswana 🖉 edit

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

Brazil 🖉 edit

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.

Brunei 🖉 edit

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/

Bulgaria 🖉 edit

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.

Burkina Faso 🖉 edit

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.

Burundi 🖉 edit

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.

Cambodia 🖉 edit

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

Cameroon 🖉 edit

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

Canada 🖉 edit

In Canada the "Canadian Charter of Rights and Freedoms" of 1982 a part of the Canadian constitution that set in stone the fundamental rights and freedoms afforded to all Canadians. It was preceded by the Constitution of Canada adopted in 1867, but the constitution makes no such explicit protection for the freedom of expression.

References:

Canadian Heritage. “Government of Canada.” Canada.ca. / Gouvernement du Canada, March 24, 2022. Last modified March 24, 2022. Accessed September 20, 2022. https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html.

Cape Verde 🖉 edit

In Cape Verde Freedom of expression is protected by the 1980 constitution through Title 2, Article 27. The constitution further protects freedom of expression in articles 45 and 46.

References:

“Cape Verde 1980 (Rev. 1992) Constitution.” Constitute. Last modified 1992. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Cape_Verde_1992?lang=en.

Central African Republic 🖉 edit

Article 13 of the 1994 Constitution reads: "The freedom to inform, to express and diffuse opinions by speech, the pen and image, under reservation of respect of the rights of others, is guaranteed."

This right is also found can be found in the 2016 Constitution: "The freedom to inform, to express and to disseminate one's opinions by speech, the pen and the image and any other means of communication under reserve of respect for the rights of others, is guaranteed individually and collectively."

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Central_African_Republic_2016?lang=en.

Chad 🖉 edit

According to Article 5 of the 1959 Constitution of Chad, "citizens have the right to associate, to petition and to manifest freely their thoughts. The exercise of these rights has as its only limit the rights or the freedom of others and public security."

Chad's 2018 Constitution offers freedom of expression in article 28. However, the same article offers the following condition: "The law determines the conditions of their exercise."

References:

1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults

“Chad 2018 Constitution.” Constitute. Last modified 2018. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chad_2018?lang=en.

Chile 🖉 edit

Article 11 of the 1818 Provisional Constitution of Chile offered guarantees relevant to freedom of expression, though with noteworthy limitations: "Every man has the freedom to publish his ideas and to examine the subjects [objetos] within his scope [alcances], as long as he does not offend the individual [particular] rights of the members of society, the public tranquility and the Constitution of the State, [the] conservation of the Christian religion, [and the] purity of its moral and sacred dogmas; and as a consequence, the freedom of [the] press must be permitted, in accordance with the regulation that the Senate or [the] Congress will establish [formara] for it."

Article 10.3 of the 1925 Chile Constitution offered a more general iteration of the freedom of expression available to inhabitants of Chile: "Freedom to express, without prior censorship, opinions, orally or in writing, through the medium of the press or in any other form; yet without prejudice to the liability of answering for offenses and abuses that may be committed in the exercise of this liberty in the manner and in the cases as determined by law."

Article 19.12 of the 1980 Constitution, as revised up to 2021, offered a similar formulation of freedom of expression: "Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum."

References:

Provisional Constitution of 1818: English translation of the Spanish original text of the Provisional Constitution of 1818. 5 (1818) Chapter I: On the Rights and Duties of Man in Society https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0112&id=5&men_tab=srchresults

Chile 1925 Constitution: https://www.constituteproject.org/constitution/Chile_1925?lang=en

“Chile 1980 (Rev. 2021) Constitution.” Constitute. Last modified 2021. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chile_2021?lang=en.

China 🖉 edit

According to the 1908 Memorial and Edict on Constitutional Government: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly."

The Constitution of the People’s Republic of China of 1982 explicitly protects the freedom of expression.

References:

1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

“People's Republic of China.” Constitution of the People's Republic of China. Accessed September 20, 2022. http://www.npc.gov.cn/englishnpc/constitution2019/201911/1f65146fb6104dd3a2793875d19b5b29.shtml.

Colombia 🖉 edit

Article 156 of the 1821 Constitution of the Republic of Colombia protected freedom of written expression: "All Colombians have the right of freely recording, printing, and publishing their thoughts and opinions, without the necessity of any examination, revision, or censorship, previous to publication. Those, however, who commit any abuse of this inestimable privilege, shall incur the punishments which they have deserved, conformably to the Laws."

Article 5(7) of the 1853 Constitution of New Grenada went further to describe in more general terms the scope of freedom of expression, and guaranteed: "The free expression of thought, it being understood that when done by the press it is without any limitation, and when done by word of mouth or any other means it is limited only in those ways established by law."

In Colombia freedom of expression is constitutionally protected by articles 46 and 47 of the constitution originally adopted in 1995.

References:

1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=#

1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults

1995 Columbia Constitution: “Conoce Nuestro Micrositio.” Contador De Visitas Gratis. Last modified 2021. Accessed September 20, 2022. https://www.corteconstitucional.gov.co/.

Comoros 🖉 edit

In Comoros freedom of expression, thought, assembly and cultural creation are all protected by article 21 of the nation’s constitution adopted in 2018. “Comoros 2018 Constitution.” Constitute. Last modified 2018. Accessed September 20, 2022. https://constituteproject.org/constitution/Comoros_2018?lang=en.

Democratic Republic of the Congo 🖉 edit

According to Article 25 of the 1964 Constitution of the Democratic Republic of the Congo: "Everyone has the right to freedom of expression. This right implies the freedom to express one's opinions and feelings, in particular through speech, writing and images, subject to the respect of public order and morality."

In The Democratic Republic of the Congo expression in the form of speech, print, thought and pictures with respect to the law is protected by article 21 of the 2005 constitution.

References:

1964 Constitution of the Democratic Republic of the Congo: https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights

2005 Constitution of the Democratic Republic of the Congo: “Congo (Democratic Republic of the) 2005 (Rev. 2011) Constitution.” Constitute. Last modified 2011. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011?lang=en.

Republic of the Congo 🖉 edit

The right to freedom of expression in the Republic of the Congo was formally asserted in the Constitution adopted shortly after gaining independence from France on August 15, 1960.

Article 9 of the 1963 constitution states, “No one may be incommodated because of his opinions in so long as their manifestation does not disturb the public order established as law. Free communication of thought and opinion shall be exercised by word and the press subject to respect for the laws and regulations”.

Article 19 of the 2001 constitution also provides, “Any citizen has the right to express and to freely diffuse his opinion by words, in writing, by images or all other mean of communication…Censorship is prohibited.”

Article 25 of the 2015 guarantees freedom of expression. The article also expressly prohibits government censorship of the free media.

References:

“Constitution of the Republic of the Congo (Brazzaville).” HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.86)

“Congo (Republic of the) 2001.” Constitute Project. Accessed June 13, 2024. https://www.constituteproject.org/constitution/Congo_2001.

“Congo (Republic of the) 2015 Constitution.” Constitute. Last modified 2015. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Congo_2015?lang=en.

Costa Rica 🖉 edit

The Costa Rican constitution officially guaranteed freedom of expression (that does not harm third parties or infringe on the law) in article 28 of the 1949 constitution.

“Costa Rica 1949 (Rev. 2011) Constitution.” Constitute Project. Last modified 2011. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Costa_Rica_2011?lang=en.

Croatia 🖉 edit

Croatia guarantees freedom of expression in article 38 of the 1991 constitution.

“Croatia 1991 (Rev. 2013) Constitution.” Constitute. Last modified 2013. Accessed September 28, 2022. https://www.constituteproject.org/constitution/Croatia_2013?lang=en.

Cuba 🖉 edit

While the 1976 constitution protected freedom of expression that promoted the socialist society of Cuba, the 2019 constitution fully guarantees freedom of expression.

“Cuba 2019 Constitution.” Constitute. Last modified 2019. Accessed September, 2022. https://www.constituteproject.org/constitution/Cuba_2019?lang=en.

Cyprus 🖉 edit

Cyprus protected freedom of expression with article 19 of their 1960 constitution.

“Cyprus 1960 (Rev. 2013) Constitution.” 2013. Constitute. https://www.constituteproject.org/constitution/Cyprus_2013?lang=en.

Czech Republic 🖉 edit

The current constitution of 1992 superseded the 1960 constitution upon its adoption by the Czech national council. Both constitutions however, protected freedom of expression.

“Czech Republic 1993 (Rev. 2013) Constitution.” 2013. Constitute. https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en.

Denmark 🖉 edit

Denmark has protected freedom of expression since their 1953 constitution was adopted.

“Denmark's Constitution of 1953 - Constituteproject.org.” 2022. Accessed September 28. https://www.constituteproject.org/constitution/Denmark_1953.pdf?lang=en&lang=en.

Djibouti 🖉 edit

Under Article 15 of the 1992 Djibouti Constitution: "Each has the right to express and to disseminate freely their opinions by word, pen, and image. These rights may be limited by prescriptions in the law and in respect for the honor of others." (Constitute Project, “Djibouti's Constitution of 1992 with Amendments through 2010”).

References:

1992 Djibouti Constitution: Constitute Project, Djibouti's Constitution of 1992 with Amendments through 2010 https://www.constituteproject.org/constitution/Djibouti_2010?lang=en

Dominica 🖉 edit

Chapter I, Section 1 of the 1978 Constitution of Dominica guaranteed freedom of expression to all persons in Dominica, subject only to limitations "designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest." Chapter 1, Section 10 of that Constitution went into greater detail, both concerning the right and concerning potential limitations.

References:

1978 Constitution of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934 https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzdm0004&id=7&collection=cow&index=

Dominican Republic 🖉 edit

The 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti offered a provisional guarantee of freedom of the press, and the 1844 Constitution of the Dominican Republic offered a more straightforward guarantee of press freedom.

Article 23 of the February 1854 Constitution of the Dominican Republic described freedom of expression in the context of the right to petition the government: "All Dominicans have the right of petitioning upon any matter whatsoever of public or private interest, and of expressing freely and without any responsibility, their opinion touching the same...."

Article 11.2 of the 1877 Constitution of the Dominican Republic guaranteed freedom of thought and speech as well as the press. Article 11.2 of the 1887 Constitution of the Dominican Republic guaranteed freedom of expression understood in similar terms: "The liberty of thought, expressed by speech or by means of the press without previous censure, but subject to the law...." The 1924 Constitution of the Dominican Republic offered a still broader assertion of freedom of expression, described in terms of: "The right to express thought by any medium without prior censorship."

References:

1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti: English translation of the Constitution of 1821 557 (2010) Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0002&id=8&men_tab=srchresults

1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 [3] (2012) Chapter II: Public Right of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults

February 1854 Constitution of the Dominican Republic: English translation of the Constitution of February 1854 1321 (2010) Chapter 2 https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0003&id=7&men_tab=srchresults

1877 Constitution of the Dominican Republic: Spanish original text of the Constitution of 1877 218 (2010) Title III: Guarantees of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0033&id=3&men_tab=srchresults

1887 Constitution of the Dominican Republic: English translation of the Constitution of 1887. 757 (2010) Chapter III: National Guarantees https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0006&id=3&men_tab=srchresults

1924 Constitution of the Dominican Republic: "Section I: Individual Rights," Constitution of the Dominican Republic (1924): 4-5 https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0100&id=2&men_tab=srchresults

East Timor 🖉 edit

Section 40 of the 2002 East Timor Constitution states: "1. Every person has the right to freedom of speech and the right to inform and be informed impartially. 2. The exercise of freedom of speech and information shall not be limited by any sort of censorship. 3. The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person."

Also relevant to freedom of expression is the defense of freedom of the press in Section 41 of the 2002 East Timor Constitution.

References:

2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.

Ecuador 🖉 edit

Article 64 of the 1830 Ecuador Constitution guaranteed freedom of the press: "Every citizen can express their thoughts and publish them freely through the press with respect for decency and public morals, and always subject to the liability of the law."

Article 102 of the 1869 Constitution of the Republic of Ecuador offered a more complete defense of freedom of expression: "The expression of ideas, whether verbal, written, or printed, is free, without previous censure, provided religion, morality, and decency are respected; but any one who. may abuse this right shall be punished according to the law, and by the ordinary judges, the jury of the press being abolished."

Section III, Article 17, Part 8 of the 1878 Constitution of Ecuador guaranteed verbal expression of one's ideas as well as printed expression.

References:

1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults

1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults

1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults

Egypt 🖉 edit

According to Article 14 of Royal Decree No.42 (1923): “Freedom of opinion shall be ensured. Every person may express their thoughts in saying, writing, depiction, or otherwise in consistency with the law.”

References:

1923. Royal Decree No. 42 of 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf

El Salvador 🖉 edit

Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador reads: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."

References:

English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzsv0002&id=14&men_tab=srchresults

Equatorial Guinea 🖉 edit

Equatorial Guinea were granted their independence from Spanish rule in 1968 which led to the enactment of the Equatorial Guinea Constitution. Title I, Article 3 of the 1968 constitution expressly recognizes and guarantees all rights outlined in the 1948 Universal Declaration of Human Rights. The Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?men_tab=srchresults&handle=hein.cow/text gu0001&id=18&size=2&collection=cow&terms=libertades&termtype=phrase&set_as_cursor=.

Eritrea 🖉 edit

The 1997 constitution of Eritrea brought with it freedom of expression.

Estonia 🖉 edit

The country of Estonia has had three separate governing constitutions, the first of which was enacted in 1920. Section II, Article 13 of the Constitution of the Republic of Estonia declares that “In Esthonia there is freedom for the expression of personal ideas in words, print, letters, pictures and sculpture. This freedom can be restricted only in the defense of the State and morals. There is no censorship in Esthonia.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/zzee0004&id=2&men_tab=srchresults.

‌“Constitution of Estonia.” 2024. Wikipedia. April 25, 2024. https://en.wikipedia.org/wiki/Constitution_of_Estonia#cite_note-5.

https://www.eesti.ee/en/republic-of-estonia/human-rights/freedom-of-speech-and-religion

Eswatini 🖉 edit

Eswatini has been considered an independent country since 1968 but the earliest assertion of the right to freedom of expression is presented in the Constitution of the Kingdom of Swaziland Act 2005. In Article 14, Chapter III secures the “freedom of conscience, of expression and of peaceful assembly and association and of movement.”

Sources:

“Eswatini 2005 Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Swaziland_2005.

Ethiopia 🖉 edit

Chapter III, Article 41 of the 1955 Revised Constitution of the Empire of Ethiopia states: "Art. 41. Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law."

References:

1955 Revised Constitution of the Empire of Ethiopia: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nations. The Hague, M. Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=192&men_tab=srchresults

Fiji 🖉 edit

Freedom of expression was first protected by Article II, Section 3 of the 1970 constitution of Fiji.

References:

1970 Constitution of Fiji: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=136&men_tab=srchresults

Finland 🖉 edit

According to Article 10 of the 1919 Form of Government, Finland protects the freedom of speech and the freedom to publish without restraint, although it does not explicitly state the freedom of expression. The 1999/2000 Constitution grants freedom of expression to all Finnish citizens, including “the right to express, disseminate, and receive information, opinions, and other communications without prior prevention by anyone.” There are limits to this freedom, such as to protect children or classified cases.

References English translation of the French official translation of the original text of the Constitution of 17 July 1919. 469 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfi0005&id=2&collection=cow&index=

English translation Finnish original official text of the Constitution of 1999/2000. 3 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfi0015&id=3&men_tab=srchresults

France 🖉 edit

France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.

References:

English translation of the French original text of the Declaration of 1789, 2 (2010) Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults

English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults

English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index=

Gabon 🖉 edit

Following independence from France, Gabon’s 1959 Constitution did not explicitly grant freedom of expression. The 2nd Republic’s 1961 Constitution drew ideas from the 1789 Declaration of the Rights of Man and of the Citizen and from the 1948 Universal Declaration Of the Rights of Man. It added, “Everyone has the right to the free development of his personality, within the limits of respect for the rights of others and for the public order.” Moreover, the 3rd Republic’s 1991 Constitution expanded upon this conception of the freedom of expression to include “the freedom of conscience, of thought, of opinion, of expression, of communication, the free practice of religion,” based on the 1981 African Charter of the Rights of Man and of Peoples and the 1990 National Charter of Freedoms.

References:

English Translation of the French Official Original Text of the Constitution of 1959, 3 (2022) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0042&id=3&collection=cow&index=

English translation of the French original text of the Constitution of 1961, 194 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0032&collection=cow

English Translation of the French Original Text of the Constitution of 1991, 3 (2022) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzga0054&id=3&men_tab=srchresults

The Gambia 🖉 edit

The first protection of the freedom of expression in The Gambia came in the 1996 constitution.

Georgia 🖉 edit

The Constitution of the Democratic Republic of Georgia of 1921 protected freedom of expression, and the redrafted version of this constitution is still in place today. Article 19 of the 1995 Georgia Constitution grants freedom of expression to all individuals. It also stipulates that no one may be forced to express certain beliefs. Article 16 broadens this conceptualization of expression by postulating that “everyone has the right to free personal development.”

References:

English Translation of the Georgian Original Text of the Constitution of 1995, 3 (1995) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzge0021&id=3&men_tab=srchresults

Germany 🖉 edit

Article 4of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of expression.

Article 118 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guaranteed freedom of expression.

References:

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Ghana 🖉 edit

Article 22 of the 1969 Constitution grants freedom of expression. It also requires press mediums to provide equal opportunities for opposing views. The 1979 Constitution confirms this right and prohibits censorship. Ghana’s current Constitution from 1992 groups freedom of expression, press, and speech together.

References:

English original text of the Constitution of 1969, 22 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0024&id=38&men_tab=srchresults

English original text of the Constitution of 1979 as scheduled to the Order 29 (2010) Liberty https://heinonline.org/HOL/Page?handle=hein.cow/zzgh0003&id=42&collection=cow&index=

English original text of the Constitution of 1992 as scheduled to the Promulgation Law, 23 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0001&id=53&men_tab=srchresults

Greece 🖉 edit

The 10th Article of the 1844 Greek Constitution cedes the right to free verbal and written expression. Notably, it restricts access to the position of newspaper editor to only Greek citizens. This designation is not changed until the 1975 Constitution of Greece designates free expression in Article 14, except in the cases of attempts to overthrow the government, criticize the President, or make offensive remarks against Christianity or another religion.

References:

English translation of the Greek original text of the Constitution of 1844, 6 (1844) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0044&id=6&men_tab=srchresults

English translation of the Greek original text of the Constitution of 1975, 14 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0016&id=12&men_tab=srchresults

Grenada 🖉 edit

Grenada’s 1973 Constitution declares the freedom of expression in its first Article. It groups freedom of expression with freedom of conscience, assembly, and association. This version of the Constitution was reinstated in 1991 and revised in 1992.

References:

English original text of the Constitution of 1973 as scheduled to the Order 6 (1973) https://heinonline.org/HOL/Page?handle=hein.cow/zzgd0001&id=6&collection=cow&index=

https://pdba.georgetown.edu/Constitutions/Grenada/gren73eng.html#mozTocId391068

Guatemala 🖉 edit

The 1823 Constitutional Bases mentioned freedom of thought, which was officially installed as a right in the 1825 First Constitution the State of Guatemala in Article 25. The pattern of short, turbulent regimes during the 20th century manifested in numerous constitutions, all of which guaranteed freedom of expression and opinion. Most recently, the Political Constitution of the Republic of Guatemala from 1985/86 grants freedom of expression “through any means of dissemination, without censorship or prior permission.”

References:

English translation of the Spanish original text of the fundamental law of 1823, 114 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0103&id=4&men_tab=srchresults

English translation of the Spanish orignal text of the Constitution of 1825, 117 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzgt0100&id=2&collection=cow&index=

English Translation of the Spanish Original Text of the Constitution of 1985/86, 10 (1986) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0106&id=10&men_tab=srchresults

Guinea 🖉 edit

The 1958 Constitution of the First Republic of Ghana does not explicitly protect freedom of expression, but lays the groundwork for freedom of speech in Article 40. The seventh Article in the constitution of the Third Republic, crafted in 1990, dictates that everyone is “free to express, to manifest and to diffuse” ideas. The most recent 2020 Constitution guarantees freedom of expression and of opinion in Article 10.

References:

Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=251&men_tab=srchresults

English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index=

English Translation Based on a Transcription of Decree D/2020/073/PRG/SGG of 6 April 2020, as Published in the Journal Officiel de la Republique de Guinee of 14 April 2020, Provided by the Web Portal for the Law of Guinea [GuiLaw], 6 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgn0019&id=6&men_tab=srchresults

Guinea-Bissau 🖉 edit

Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. The 1984 version, amended in 1993, individually grants freedom of expression in Article 51.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

English Translation of the Portuguese Original Text of the Constitution of 1984 as Amended by Constitutional Law No. 1/95 of 1 December 1995 and Constitutional Law No. 1/96 of 16 December 1996, 13 (2023) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgw0008&id=13&men_tab=srchresults

Guyana 🖉 edit

Following its declaration of independence from the British Empire, the government of Guyana published the 1966 Constitution, which permits freedom of expression in Article 3. This right was further protected in Article 40 of the 1980 Constitution of the Co-operative Republic of Guyana, which is still held today.

References:

English text of the Constitution of 1966, 630 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgy0002&id=2&men_tab=srchresults

English text of the Constitution of 1980, 26 (2011) https://heinonline.org/HOL/Page?handle=hein.cow/zzgy0004&id=26&collection=cow&index=

Haiti 🖉 edit

Haiti’s establishment of independence from France following the Haitian Revolution manifested in the 1806 Constitution. Revised in 1816, the Constitution stated, “No one can be hindered from telling, writing or publishing his opinions.” This tradition continued through the 19th and 20th century, with the 1987 Constitution of the Republic of Haiti stating that all Haitains have the right to express opinions, and censorship is only allowed in times of war. Following the regime changes in the 2020s, there are circulating Draft Constitutions of the Independent Advisory Committee.

References:

English Translation of the French Text of the Constitution of 1806, as Amended to 1816, 64 (2014) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0060&id=3&men_tab=srchresults

English original text of the Constitution of 1987, 8 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0028&id=9&men_tab=srchresults

Honduras 🖉 edit

Honduras first protected freedom of expression in Article 99 of the 1848 Constitution. Notably, it granted this right to both citizens and inhabitants. The 1865 Constitution continued to protect this right, but added the stipulation that “writing injurious to particular persons cannot be published unless subscribed by the author, and with the publication of his name.” Article 85 of the constitution written in 1965 cements the freedom of expression. In 1969 Honduras signed the American Convention on Human Rights, which asserted freedom of expression.

References:

English translation of the Spanish original text of the Constitution of 1848, 1103 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0003&id=18&men_tab=srchresults

English translation of the Spanish original text of the Constitution of 1865, 303 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0004&id=17&men_tab=srchresults

Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0004&id=861&men_tab=srchresults

“Basic Documents - American Declaration - Cidh.oas.org.” 2022. Accessed October 31. https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm.

Hungary 🖉 edit

Hungary’s declaration of independence in 1791 included freedom of expression through the press in Article 1 of Law 18. During its time as a Communist nation, it granted freedom of press, speech, and assembly — but not explicitly expression. The current Fundamental Law of Hungary guarantees freedom of expression in Article 9.

References:

Herbert F. Wright. Constitutions of the States at War 1914-1918 (1919). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=41&men_tab=srchresults

English translation of the Hungarian original text of the Constitution of 1949, 669 (2013) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

English translation of the Hungarian original text of the Constitution of 2011, 8 (2012) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0016&id=9&men_tab=srchresults

Iceland 🖉 edit

The 54th Article of the 1874 Constitutional Law for the Special Affairs of Iceland guaranteed freedom of opinion in print. Interestingly, it also stipulated that no restrictive measures or attempts at censorship “can ever be introduced.” Thus, the 1944 Constitution of the Republic of Iceland still protects this freedom and restricts attempts to undo it.

References:

British and Foreign State Papers (1873-1874). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0065&id=1005&men_tab=srchresults

British and Foreign State Papers (1943-1945). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0145&id=614&men_tab=srchresults

India 🖉 edit

The Constitution of India Bill (also referred to as the Swaraj Bill) codified in 1895 was the first to protect freedom of expression.

Following independence from Britain, India created its draft constitution in 1948, which was the first document to grant Indians freedom of speech and expression. This right was reaffirmed in the 1949/50 Constitution.

References:

“Constitution of India.” 2015. CAD. June. https://www.constitutionofindia.net/historical_constitutions/the_constitution_of_india_bill__unknown__1895__1st%20January%201895#:~:text=The%20Constitution%20of%20India%20Bill%201895%2C%20also%20referred%20to%20as,albeit%20within%20the%20British%20Empire.

English original text of the Draft Constitution of 1948, 652 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0011&id=4&men_tab=srchresults

English original text of the Constitution of 1949, 39 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0012&id=6&men_tab=srchresults

Indonesia 🖉 edit

The 1964 Provisional Constitution of the Republic of Indonesia guaranteed freedom of expression to all in Article 19.

References:

R.; Jones Supomo, Garth N., Translator. Provisional Constitution of the Republic of Indonesia (1964) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/proconindo0001&id=29&men_tab=srchresults

Iran 🖉 edit

Article 18 of the Supplementary Constitutional Law of 7 October 1907 reads: "The acquisition and study of arts, letters and sciences is free, except in so far as they are forbidden by the Sheri." Article 20 of the same document states: "All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them."

References:

Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#

Iraq 🖉 edit

Article 12 of Iraq’s 1925 Constitution protected freedom of expression: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.

Article 38 of the 2005 Iraq Constitution states that "The State shall guarantee in a way that does not violate public order and morality ... [f]reedom of expression using all means"

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

https://www.constituteproject.org/constitution/Iraq_2005

Republic of Ireland 🖉 edit

The right to freedom of expression in Ireland was formally asserted in the Irish Free State Constitution of 1922, following its independence from the UK, and later enshrined in the Constitution of Ireland (Bunreacht na hÉireann) in 1937.

Article 9 of the 1922 Constitution states, “The freedom of expression of opinion as well as the right to assemble peaceably and without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality…” without discrimination on the basis of political orientation, religion, or class.

Article 40.6.1° of the 1937 Constitution also provides, “The State guarantees liberty for the exercise of the following rights, subject to public order and morality: i. The right of the citizens to express freely their convictions and opinions.”

References:

"Constitution of the Irish Free State (Saorstát Eireann) Act, 1922," Irish Statute Book, accessed June 11, 2024, https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20A,6TH%20DAY%20OF%20DECEMBER%2C%201921

“Constitution of Ireland.”, Irish Statute Book, last updated 2020. Accessed June 7, 2024. https://www.irishstatutebook.ie/eli/cons/en/html#part13

Israel 🖉 edit

Israel is one of the few countries in the world that lacks an official written constitution. Multiple attempts have been made as early as 1948 but none have successfully drafted and implemented a formal constitution. Instead, Israeli leaders enacted several pieces of legislation known as the Basic Laws, or Knessets, eleven of which have passed. This has led to multiple changes in “constitutional” legislature from the first Knesset in 1958 to the final two Basic Laws enacted in 1992. Interestingly enough, the Basic Laws that were typically considered to hold constitutional weight, weren’t formally entrenched as laws that supersede common legislature until 1995(2020).

Under these Basic Laws, there is no official guarantee of the protection of freedom of expression. Instead, the Israeli Supreme Court has largely dictated the extent of the right to freedom of expression (Levush, 2019). In Alan Levi And Yaheli Amit v. Southern District Police Commander (1984), the Supreme Court ruled that “The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.”

However, there are limitations on the freedom of expression should any acts of expression “that constitutes incitement for racism, terrorism and violence; outrage to religious feelings; publication of false news causing fear and alarm; as well as expression of denial of the holocaust and praise for atrocities committed by the Nazis.” (Levush, 2019) Insults to public servants are also punishable by law and result in imprisonment for six months. Furthermore, it is expected that courts balance competing interests when discerning the extent to which the freedom of expression encroaches on other rights that embody the Israeli state(Levush, 2019).

Sources:

2020. Knesset.gov.il. 2020. https://knesset.gov.il/constitution/ConstIntro_eng.htm.

Levush, Ruth. 2019. “Limits on Freedom of Expression.” Maint.loc.gov. June 1, 2019. https://maint.loc.gov/law/help/freedom-expression/israel.php.

“Israel 1958 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Israel_2013.

Alevi, Alan, Yaheli Amit, Alan Levi, and D Levin. n.d. “393 Police Ordinance (New Version), 1971, Sections 83, 84 Press Ordinance.” Southern District Police Commander 1 P.D 38, no. 2: 1214. Accessed June 7, 2024. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Levi%20v.%2 Southern%20District%20Police%20Commander_0.pdf.

Italy 🖉 edit

Italy first ratified the Constitution of the Italian Republic in 1947 and it was officially law on January 1, 1948. Article 2 expressly guarantees inviolable rights, including freedom of expression, to any person “both as an individual and in the social groups where human personality is expressed.” Article 21 addresses the freedom of expression in the first line, “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication,” and includes the right for the press to be protected from authorisation and censorship. Article 21 also includes certain limitations of freedom of expression deeming “Publications, performances, and other exhibits offensive to public morality shall be prohibited,” and that measures to ensure this prohibition “shall be established by law.”

Sources:

“Italy 1947 (Rev. 2012) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Italy_2012.

Ivory Coast 🖉 edit

According to the Preamble of the 1960 Constitution of the Republic of Cote d'Ivoire, "The People of Cote d'Ivoire proclaim their adherence to the principles of Democracy and of the Rights of Man, as they have been defined by the Declaration of the Rights of Man and of the Citizen of 1789, by the Universal Declaration of 1948, and as they are guaranteed by this Constitution." Articles 9 & 10 of the 2000 Constitution of the Republic of Cote d'Ivoire was more definitive. Article 9 held that: "The freedom of thought and of expression, notably the freedom of conscience, of religious or philosophical opinion are guaranteed to all, under reserve of respect of the law, of the rights of others, of the national security and of the public order." Article 10 was both explicit about freedom of expression: "Each has the right to express and to freely disseminate their ideas. All propaganda having for [its] object or for [its] effect to make one social group prevail over another, or to encourage racial or religious hatred is prohibited." This last prohibition on propaganda intended to divide groups with the society was very similar to a like prohibition in the 1960 Constitution.

References:

English translation of the French original text of the Constitution of 1960 Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4.

English translation of the French original text of the Constitution of 2000. "Chapter I: Of the Freedoms and of the Rights," Constitution of the Republic of Cote d'Ivoire 1 August 2000 (2000): 3-5

Jamaica 🖉 edit

Article 22 of the 1960 Jamaica Constitution protects freedom of expression.

References:

English original text of the Constitution of 1962 820 (2011) Chapter III: Fundamental Rights and Freedoms: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzjm0004&id=15&men_tab=srchresults

Japan 🖉 edit

Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."

Article 21 of Japan's 1947 Constitution guaranteed the right more broadly: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

Jordan 🖉 edit

Jordan has had a single constitution for almost the entirety of their independence. The Constitution of the Hashemite Kingdom of Jordan was enacted in 1952 and in article 15 of Chapter 2 it states “The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.”

Sources:

“Jordan 1952 (Rev. 2016) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Jordan_2016.

Kazakhstan 🖉 edit

Article 10 of the 1993 Kazakhstan Constitution states: "A citizen of the Republic shall have the right to freedom of speech, creed and their free expression. Nobody can be forced to express his views or be persecuted for having convictions."

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111

Kenya 🖉 edit

Freedom of expression is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 23(1): "Except with his own consent, no. person shall be hindered in the enjoyment of his 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 correspondence."

Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of expression: "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, pre- venting the disclosure of information received in confidence, maintaining the authority and independence of the courts 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, 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."

The language found in Articles 14(b) and 23(1) of the 1963 Constitutions is repeated in Articles 70 and 79(1) of the the 1969 Constitution. The language from 23(2) of the 1963 Constitution is also repeated in Article 79(2) of the 1969 Constitution, but further points are added to Article 79(2) of the 1969 Constitution.

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1

Kiribati 🖉 edit

Kiribati gained its independence in 1979 which led to the creation of the Constitution of Kiribati that same year. Chapter II guarantees the protection of different fundamental rights and freedoms with the “freedom of conscience, of expression and of assembly and association” being listed as the second line of fundamental rights.

Sources:

“Kiribati 1979 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Kiribati_2013.

Kuwait 🖉 edit

Kuwait’s 1962 Constitution grants “freedom of opinion and scientific research” in Article 36. Prior Orders of Council did not explicitly grant these freedoms.

References:

English original text of the Constitution of 1962, 13 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkw0002&id=13&men_tab=srchresults

Kyrgyzstan 🖉 edit

According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to free expression and dissemination of one's thoughts, ideas, opinions." Freedom of expression continues to be protected with Article 32 of the 2021 Constitution. However, it does prohibit “propaganda of national, racial, religious hatred, gender and other social superiority.”

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

English Translation of the Constitution of 2021, Adopted by the Referendum of 11 April 2021, 9 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkg0041&id=9&men_tab=srchresults

Laos 🖉 edit

The 1991 Constitution of the Lao People’s Democratic Republic does not formally protect freedom of expression, but does grant the right to free speech and press in Article 31. This freedom was not stated in the original 1947 Constitution.

References:

Constitution of the Lao People’s Democratic Republic, 40 (1991).

Latvia 🖉 edit

The earliest modern legal assertion of freedom of expression in Latvia can be traced to the amendments made in October 1998 to its Constitution (the Satversme), which was originally adopted in 1922 and reinstated on August 21, 1991, following Latvia's independence from Soviet control.

These 1998 amendments formally incorporated human rights protections, including freedom of expression, which were previously safeguarded under an interim Constitutional Law. Article 100 of the 1998 states: "Everyone has the right to freedom of expression, which includes the right to freely receive, keep, produce and disseminate information and to express his or her views. Censorship is prohibited."

References:

Jānis Pleps, "The Constitution of the Republic of Latvia: History and Modern Days," (Riga: University of Latvia, 2016), URL: https://tzpi.lu.lv/files/2016/05/Satversme_Pleps_angliski.pdf

"Constitution of Latvia," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Latvia_2016

"Constitution of the Republic of Latvia." Saeima of the Republic of Latvia. Accessed June 5, 2024. https://www.saeima.lv/LapasEnglish/Constitution_Visa.htm#:~:text=100.,Censorship%20is%20prohibited

Lebanon 🖉 edit

The right to freedom of expression in Lebanon was initially asserted in the Lebanese Constitution adopted on May 23,1926, during the French Mandate following the dissolution of the Ottoman Empire after WWI. It continued to serve as the basis for the protection of civil liberties in the country post-independence (1943).

Article 13 of the 1926 Lebanese Constitution states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law.”

References:

"Lebanon 1926 (rev. 2004)," Constitute Project, accessed June 7, 2024, https://www.constituteproject.org/constitution/Lebanon_2004

Lesotho 🖉 edit

Freedom of expression was asserted in the 1966 Lesotho Constitution, as well as in the 2010 Lesotho Constitution.

References:

1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.

1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018.

Liberia 🖉 edit

Article 15 of Liberia’s 1847 Constitution first protected freedom of the press, but did not speak to other elements of freedom of expression. Article 15 of the 1984 Liberia Constitution outlines the right to freedom of expression. Article 15(a) defines the scope of the right: "Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution." Article 15(b) outlines the content of the right: "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent."

References:

1847 Constitution of Liberia: https://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf

1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults

Libya 🖉 edit

The concept of freedom of expression in Libya was formally recognized in the Constitutional Proclamation of 1969 following the coup that brought Muammar Gaddafi to power. Article 13 of the proclamation states: “Freedom of opinion is guaranteed within the limits of public interest and the principles of the Revolution.”

The Constitutional Declaration of 2011, following the fall of Gaddafi, more clearly and robustly asserts the right to freedom of expression. Article 14 of this declaration states: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute.” The declaration also guarantees the freedom to form political parties and civil societies, regulated by law (Article 15).

References:

"Libyan Constitution 1969," ConstitutionNet, accessed June 11, 2024, https://constitutionnet.org/sites/default/files/1969_-_libyan_constitution_english.pdf

"Libyan Constitution 2011," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Libya_2011.

Liechtenstein 🖉 edit

Freedom of expression in Liechtenstein “ in writing, in print or graphically” was specified in Article 40 of the 1921 Constitution of the Principality of Liechtenstein, granting it “within the limits of the laws and of morality.”

References:

Constitution of the Principality of Liechtenstein, 1921. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/Page?handle=hein.cow/zzli0006&id=5&collection=cow&index=

Lithuania 🖉 edit

Freedom of speech is guaranteed to all Lithuanian citizens in Article 16 of the 1928 Constitution of the Republic of Lithuania. Article 16 continues, limiting this freedom only “when it is essential to protect morality or State order.” Post-independence from the Soviet Union, Lithuania’s 1992 Constitution expands the explanation of freedom of expression in Article 25: Individuals shall have the right to have their own convictions and freely express them. Individuals must not be hindered from seeking, obtaining, or disseminating information or ideas. Freedom to express convictions, as well as to obtain and disseminate information, may not be restricted in any way other than as established by law, when it is necessary for the safeguard of the health, honour and dignity, private life, or morals of a person, or for the protection of constitutional order. Freedom to express convictions or impart information shall be incompatible with criminal actions - the instigation of national, racial, religious, or social hatred, violence, or discrimination, the dissemination of slander, or misinformation.” However, in Article 145 this right is permitted to be temporarily limited during a state of emergency or martial law, as seen enacted in 2022 when Russia invaded Ukraine.

References:

Constitution of the Republic of Lithuania, 1928. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0064&i=3

Constitution of the Republic of Lithuania, 1992. Parliament (Seimas) (consulted 2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0061&i=1

U.S. Department of State. 2022 Country Reports on Human Rights Practices: Lithuania. (2022): https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/lithuania

Luxembourg 🖉 edit

Article 25 of the 1848 Constitution of the Grand Duchy of Luxembourg grants freedom of expression along with freedom of the press to Luxembourgers “except for the repression of the offenses committed on the occasion of the exercise of these freedoms.” This is continued in Luxembourg’s 1868 Constitution.

References:

Constitution of the Grand Duchy of Luxembourg, 1848. HeinOnline (2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=244

Constitution of the Grand Duchy of Luxembourg, 1868. H.F. Wright (2019), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlu0013&i=1

Madagascar 🖉 edit

According to the preamble of the 1959 Constitution of the Malagasy Republic, "freedom of speech, freedom of assembly, freedom of association and freedom to unionize shall be guaranteed under conditions stipulated by law"

References:

1959 Constitution of the Malagasy Republic: "Preamble," Constitution of the Malagasy Republic (1959): 1-4: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmg0017&id=4&men_tab=srchresults

Malawi 🖉 edit

According to the 1964 Constitution of Malawi, Article 20(1): “Except with his own consent, no person shall 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 to be the public generally or to any person or class of persons) and freedom from interference with his correspondence.”

References:

1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

Malaysia 🖉 edit

The 1957 Constitution of Malaysia declares in Article 10, Section 1(a) that "every citizen has the right to freedom of speech and expression." Article 10, Section 2(a) modifies this, stating: "Parliament may by law impose ... on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence".

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

Maldives 🖉 edit

Articles 13 and 14 of the 1969 Constitution of the Republic of Maldives As Amended to 1975 are relevant to freedom of expression. Article 13 describes this right directly: "Every person has freedom of speech and expression of thought, orally and in writing, so long as the express provisions of Shariath and the law are not contravened." Article 14 is relevant to freedom of expression as well: "There exists freedom of acquiring knowledge and imparting it to others in a manner that does not contravene Shariath or law."

References:

1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723#

Mali 🖉 edit

In 1959, the Sudanese Republic joined with Senegal to create the Federation of Mali but the withdrawal of Senegal shortly thereafter led to the declaration of the Sudanese Republic as the Republic of Mali (2024). In 1960, the Constitution of the Republic of Mali (“Constitutional History of Mali) was enacted which guaranteed the affirmation of rights enshrined in the 1948 Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

2024. Familysearch.org. 2024. https://www.familysearch.org/en/wiki/Mali_History#:~:text=French%20Sudan %20joined%20with%20Senegal.

“Constitutional History of Mali.” n.d. ConstitutionNet. https://constitutionnet.org/country/africa-mali.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzml0024&collection=cow.

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.

Malta 🖉 edit

Following their independence from British rule in 1964, Malta enacted their first constitution as an independent republic(Malta - Countries - Office of the Historian, n.d). Chapter IV, Article 33 guarantees the “freedom of conscience, of expression and of peaceful assembly and association.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzmt006 0&id=16&men_tab=srchresults.

“Malta - Countries - Office of the Historian.” n.d. History.state.gov. https://history.state.gov/countries/malta.

Marshall Islands 🖉 edit

Article 2, Section 1(1) of the 1979 Constitution of the Republic of the Marshall Islands guarantees freedom of speech. Article 2, Section 1(2) describes conditions for exceptions to this rule: "Nothing in this Section shall be construed to invalidate reasonable restrictions imposed by law on the time, place, or manner of conduct, provided: (a) the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others; (b) there exist no less restrictive means of doing so; and (c) the restrictions do not penalize conduct on the basis of disagreement with the ideas or beliefs expressed."

References:

1979 Constitution of the Republic of the Marshall Islands: https://rmiparliament.org/cms/constitution.html?showall=1

Mauritania 🖉 edit

Since its independence in 1960, Mauritania has operated under various constitutions. Its first constitution was written in 1961 in the nation's then official language: French(Mauritanie, Constitution de 1961, 2024). The Islamic Republic of Mauritania Constitution does not explicitly and directly guarantee the right to freedom of expression. However, in the preamble the country proclaims itself to follow the principles of democracy and the rights outlined in the 1789 Declaration of Human Rights, otherwise known as The Declaration of the Rights of Man and Citizen. The French National Assembly asserts that “The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by law.” The previous section also addresses relative aspects of the freedom of expression by providing that “No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by law.”

Sources:

https://constitutionnet.org/sites/default/files/declaration_of_the_rights_of_man_1789.pdf

“Mauritanie, Constitution de 1961, Digithèque MJP.” 2024. Univ-Perp.fr. 2024. https://mjp.univ-perp.fr/constit/mr1961.htm. Robert Earl Handloff. 1990. Mauritania. U.S. Government Printing Office.

Mauritius 🖉 edit

Section 3(b) of the 1968 Mauritius Independence Act, created at the independence of the state, mentinos freedom of expression along with freedom of conscience, assembly, and association. Section 12 elaborates on freedom of expression, specifying that it refers to the “freedom to hold opinions and impart ideas and information without interference.”

References:

1968 Mauritius Independence Act, 1968. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmu0005&i=18

Mexico 🖉 edit

Mexico has had several constitutions throughout its history with the first, the Constitution of Apatzingán, being in 1814. In Chapter V, Article 40 of the Constitution of Apatzingán, citizens are guaranteed the right to express themselves and manifest their opinions.

Sources:

Federated States of Micronesia 🖉 edit

Freedom of expression is protected in Micronesia by Article IV, Section 1 of the 1978 Constitution as Amended in 1990.

References:

1978 Constitution as Amended in 1990: Article IV: Declaration of Rights," Constitution of the Federated States of Micronesia, 1978 : [3]-[4] https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmf0001&id=3&men_tab=srchresults

Moldova 🖉 edit

The Moldovan constitutional history is somewhat complex considering its historical association with the Soviet Union as a constituent of the USSR. In 1941, the Moldavian Socialist Republic adopted their first official constitution based on the 1936 Soviet Constitution. In Chapter X, Article 125 of the 1936 Soviet Constitution guarantees citizens of the U.S.S.R. “Freedom of speech; Freedom of the Press; Freedom of assembly and holding mass meetings; Freedom of street processions and demonstrations.” These rights were likely to have been the earliest official assertion of rights and liberties in the Moldavian Socialist Republic Constitution .

Sources:

“Constitutional History of Moldova.” n.d. ConstitutionNet. https://constitutionnet.org/country/moldova.

Was not able to get a citation: https://www.marxists.org/history/ussr/government/constitution/1936/1936-constitution.pdf

Monaco 🖉 edit

In Monaco's original 1911 Constitution, Title II guaranteed several rights to be protected by the constitution. Article 10, Title II declares “Liberty of religion and of its public exercise, as well as freedom to express opinions on all matters, are guaranteed, except that offenses committed on the occasion of the use of these liberties may be suppressed.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 7, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.beal/connat0 002&id=475&men_tab=srchresults.

Mongolia 🖉 edit

According to Chapter 1, Article 3(g) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom for the expression of their opinions, the Mongolian People's Republic organises the press and transfers it to the labouring people."

Article 85 of the 1940 Constitution of the Mongol People's Republic refers specifically to several freedoms associated with expression: "In conformity with the interests of the workers, and in order to develop and strengthen the state system of the Mongol People's Republic, citizens of the Mongol People's Republic are guaranteed by law: (1) Freedom of speech (2) Freedom of the press (3) Freedom of assembly and meetings (4) Freedom of street processions and demonstrations."

Article 16, Section 16 of the 1992 Constitution of Mongolia states: "Freedom of thought, opinion and expression, speech, press, assembly and peaceful demonstration. Procedures for organizing demonstrations and other assemblies shall be determined by law."

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults

1992 Constitution of Mongolia: "Chapter Two: Human Rights and Freedoms," VI. The Constitution of Mongolia (1992): 73-76 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmn0003&id=6&men_tab=srchresults

Montenegro 🖉 edit

The Principality of Montenegro’s 1905 Constitution states in Article 209 that “every Montenegrin citizen has the right, within the limits of the law, to manifest his ideas by speech, writing, the press, and engraving.” After the breakup of Yugoslavia, the 1992 Constitution of the now Republic of Montenegro in Article 34 specifies freedom of expression in terms of national identity, language, culture, affiliation, and opinion. Articles 67, 68, and 69 guarantee the right to express ethnic identity, language, and symbols. Further, Article 47 of the 2007 Constitution grants the “right to freedom of expression by speech, writing, picture or in some other manner. The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.”

References:

Constitution of the Principality of Montenegro, 1905. H.F. Wright (1919). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0013&i=1

Constitution of the Republic of Montenegro, 1992. World Constitutions Illustrated, HeinOnline:https://heinonline.org/HOL/Page?handle=hein.cow/zzmb0008&id=11&collection=cow&index=

Constitution of the Republic of Montenegro, 2007. Venice Commission (consulted 2017), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0017&i=1

Morocco 🖉 edit

Morocco’s 1962 Constitution, which was adopted 6 years after its independence from France (ConstitutionNet), guarantees the right to all forms of freedom of expression in Article 9 and that there will be “no limitation in the exercise of these freedoms may be imposed except by law.” The 2011 Constitution resulting from the Arab Spring omits this limitation in its mention of freedom of expression in Article 25.

References:

ConstitutionNet. Constitutional History of Morocco, (Accessed 7 June, 2024): https://constitutionnet.org/country/morocco

Constitution of the Kingdom of Morocco, 1962. A.J. Peaslee and D.P. Xydis (1965), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0011&i=1

Constitution of the Kingdom of Morocco, 2011. HeinOnline (2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0046&i=1

Mozambique 🖉 edit

Article 27 of the 1975 Constitution of Mozambique, adopted the year after its independence from Portugal, realizes the right to freedom of opinion, and Article 40 Section H sanctions the suspension of the right if necessary during a state of siege or emergency. The 1990 Constitution specifically mentions freedom of expression in Article 74 and amends the limitation clause to have the right regulated “based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defense.” The 1990 Constitution keeps the same language of freedom of expression, but Articles 286 and 287 detailing the rights limited during a state of emergency does not mention freedom of expression.

References:

Constitution of the People’s Republic of Mozambique, 1975. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0011&i=1

Constitution of Mozambique, 1990. AIM (1991). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0006&i=1

Myanmar 🖉 edit

The 1935 Government of Burma Act mentions the right to freedom of speech in the Legislature in Article 27. The 1947 Constitution details freedom of expression in Article 17(i), though Article 28 states “The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfillment of their duties and the maintenance of discipline.” Similar sentiment is echoed in the 2008 Constitution, giving citizens the right to freedom of expression “if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality.”

References:

Government of Burma Act, 1935. HMSO (1935). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0015&i=1

Constitution of the Union of Burma, 1947: A.J. Peaslee (1950 and 1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0014&i=1

Constitution of the Republic of the Union of Myanmar, 2008. Ministry of Information (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0002&i=1

Namibia 🖉 edit

Article 21 of the 1990 Constitution of the Republic of Namibia guarantees in Article 21 freedom of expression, speech, and media. The right can be limited however, without discrimination, in the interests of security, public order, morality, decency of Namibia.

References:

Constitution of the Republic of Namibia, 1990. Government of Namibia (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=286

Nauru 🖉 edit

The Constitution of Nauru, enacted in 1968 promises in Article 12 the freedom of expression and in Article 12 Section 3a only limits the right if it is “reasonably required” in the interests of public defense, safety, security, health, and morality.

References:

Constitution of Nauru, 1968. Government of Nauru (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznr0001&i=1

Nepal 🖉 edit

The 1948 Constitution of Nepal grants citizens the right to freedom of speech in Article 4. This was amended in the 1959 Constitution in Article 7a to freedom of speech and expression, and then amended again in the 2007 Interim Constitution of Nepal in Article 13 Section 3a to freedom of opinion and expression. The 2015 Constitution is consistent with the wording in 2007.

References:

Constitution of Nepal, 1948. British and Foreign State Papers (1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0020&i=1

Constitution of the Kingdom of Nepal, 1959. Government, ConstitutionNet (consulted 2018), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0017&i=1

Interim Constitution of Nepal, 2007. Supreme Court, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0001&i=1

Constitution of Nepal, 2015. Embassy of Nepal to Germany (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0004&i=1

Kingdom of the Netherlands 🖉 edit

The Kingdom of the Netherlands gained its independence in 1813 and established their constitution in 1814. Article 7, Chapter 1 of the Constitution of the Kingdom of the Netherlands describes freedom of expression, No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals. The preceding paragraphs do not apply to commercial advertising.”

Sources:

“Netherlands 1814 (Rev. 2008) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Netherlands_2008.

New Zealand 🖉 edit

New Zealand does not have a written constitution, as stated by the Governor-General of New Zealand: “New Zealand's constitution is not found in one document. Instead, it has a number of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions as well as established constitutional practices known as conventions.” The Imperial Laws Application Act of 1988 incorporated British constitutional legislation created prior to colonization of New Zealand into New Zealand law. As such, the oldest mention of freedom of expression with this application appears in the British 1688 Bill of Rights referring to freedom of speech (Office of the Governor-General of New Zealand). It specifically stated as freedom of expression in Article 14 of New Zealand’s 1990 Bill of Rights, a distinguished and elevated constitutional document in the country (New Zealand Parliament, 30 June 2017). The 1987 Maori Language Act additionally details freedom of expression specifically in terms of Maori national identity and language.

References:

Maori Language Act, 1987, Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0168&i=1

New Zealand Bill of Rights, 1688. Parliamentary Council Office (consulted 2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0255&i=1

New Zealand Bill of Rights Act, 1990. Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0133&i=1

New Zealand Parliament. “New Zealand’s First Constitution Act Passed 165 Years Ago,” 30 June 2017: https://www.parliament.nz/en/get-involved/features/new-zealand-s-first-constitution-act-passed-165-years-ago/

Office of the Governor-General of New Zealand. “New Zealand’s Constitution,” Accessed 7 June 2024: https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution/constitution

Nicaragua 🖉 edit

The 1826 Constitution of Nicaragua expresses in Article 29 that “freedom of speech, of writing and of the press, is one of the first and most sacred rights of Nicaraguans. The Law may not prohibit it, or subject it to prior censorship, for any cause or pretext.” The 1838 Constitution, enacted after Nicaragua became an independent republic, details freedom of expression in Article 29 with specific mention of citizens “being responsible before the law for abusing this liberty.” Article 21 of the 1974 Constitution, enacted after the Nicaraguan Revolution additionally grants freedom of expression, but with multiple limitations by law if necessary for national security, order, public health, and dignity, or for the national economy. The 1987 Constitution, which is Nicaragua’s most recent Constitution, protects freedom of expression in Article 30, and specifically indigenous cultural expression in Article 90. Article 186 states the freedoms which the government can suspend in a state of emergency; Article 90 can not be suspended but Article 30 is not mentioned.

References:

Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1

Political Constitution of the Free State of Nicaragua, 1838. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0040&i=1

Constitution of the Republic of Nicaragua, 1972. PAU/OAS, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0032&i=1

Political Constitution of the Republic of Nicaragua, 1987. National Assembly (1989), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0022&i=1

Niger 🖉 edit

Niger’s 1959 Constitution following its independence from France does not have a section for rights, but states in the Preamble: “The People of Niger solemnly reaffirm their attachment to the principles of democracy and to the rights and liberties of man, specified in the Historical Declaration of 1789 and guaranteed by the Constitution of the Community.” This refers to the French Declaration of the Rights of Man and of the Citizen, which proclaims the freedom of opinion in Articles 10 and 11 of Lafayette’s original draft (American Battlefield Trust). The Declaration was later revised and completed most prominently by Emmanuel-Joseph Sieyes, but its emphasis on freedom of expression was maintained (Mark, 2022). The 1960 Constitution of Niger similarly states that the rights professed in the Declaration of the Rights of Man and of the Citizen are protected in its Constitution. The 1989 Constitution, however, does gain a section for rights and protects opinion, thought, and expression “exercised within respect for the laws and regulations in force” in Article 13. The 1992 Constitution changes this part slightly and protects expression “exercised within respect for the public order, for social peace, and for national unity” in Article 24.

References:

Constitution of Niger, 1959. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0010&i=1

Constitution of Niger, 1989. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0013&i=1

Constitution of Niger, 1992. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0014&i=1

Lafayette's Draft of the Declaration of the Rights of Man and of the Citizen. American Battlefield Trust, Accessed 7 June 2024: https://www.battlefields.org/learn/primary-sources/lafayettes-draft-declaration-rights-man-and-citizen

Mark, Harrison. “Declaration of the Rights of Man and of the Citizen” World History Encyclopedia, 8 June, 2022: https://www.worldhistory.org/article/2012/declaration-of-the-rights-of-man-and-of-the-citize/

“The text of the Declaration of the Rights of Man and of the Citizen, written in 1789, translated into English.” Digital Public Library of America, Accessed 7 June, 2024: https://dp.la/primary-source-sets/declaration-of-the-rights-of-man-and-of-the-citizen/sources/889

Nigeria 🖉 edit

Article 24 of the 1960 Constitution of Nigeria, created after its independence, entitles citizens to the right of freedom of expression. Section 2a of this Article states that this freedom can only be limited if it is “reasonably justifiable” in “the interest of defense, public safety, public order, public morality or public health.” This wording is consistent through Nigeria’s 1999 Constitution.

References:

Constitution of Federation of Nigeria, 1960. National Assembly (2010), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0011&i=1

Constitution of the Federal Republic of Nigeria, 1999. Comparative Constitutions Project (2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0020&i=1

North Korea 🖉 edit

Article 13 of North Korea’s 1948 Constitution grants citizens “freedom of opinion, publication, assembly, and freedom to form associations, or participate in public demonstrations” and the freedom to join a variety of social, political, and economic organizations.

References:

Constitution of the Democratic People’s Republic of Korea, 1948. Central Intelligence Agency (1951), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=310

North Macedonia 🖉 edit

The 1991 Constitution of the Republic of Macedonia, enacted after the breakup of Yugoslavia, protects the “free expression of national identity” in Article 8 and free thought and public expression in Article 16.

References:

Constitution of the Republic of Macedonia, 1991. Government of North Macedonia (1991), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmk0010&i=1

Norway 🖉 edit

Article 100 of Norway’s 1814 Constitution states, “It is allowed everybody freely to deliver his opinions of government or any other subject.” Nearly 200 years later in 2004, Article 100 was amended and lengthened providing an elaborate definition of freedom of expression:

“There shall be freedom of expression. No one may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law. Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.”

According to the Norwegian Commission for Freedom of Expression Report, the new Article 100 was “built on the legal developments associated with Article 10 of the European Human Rights Convention (ECHR).”

References:

Rieber-Mohn, Thomas. “Proposed Amendments to Article 100 of the Norwegian Constitution (Freedom of Expression)” IRIS Merlin (2004): https://merlin.obs.coe.int/article/3198

Norwegian Commission for Freedom of Expression Report, 2022. Norwegian Ministry of Culture and Equality: https://www.regjeringen.no/contentassets/753af2a75c21435795cd21bc86faeb2d/en-gb/pdfs/nou202220220009000engpdfs.pdf

Constitution of the Kingdom of Norway, 1814. Norwegian Government (1814), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=312

Oman 🖉 edit

The 1996 Basic Statute of the State of Oman guarantees the freedom of expression and opinion through a variety of methods including oral and written within the limits of the law. The state of emergency provisions of the Statute does not mention any limitations of freedom of expression.

References:

Basic Statute of the State of Oman, 1996. Government of Oman, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzom0002&i=1

Palau 🖉 edit

Palau’s 1981 Constitution was enacted prior to its termination as part of the Trust Territory of the Pacific Islands administered by the United States. In Article 4 Section 2 of the Constitution, freedom of expression and press are protected. The Article goes on to specify that “No bona fide reporter may be required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional investigation.” The 1981 Constitution and its rights provisions were maintained when Palau became independent and known as the Republic of Palau.

References:

Republic of Palau. U.S. Department of the Interior, Accessed 7 June 2024: https://www.doi.gov/oia/islands/palau

Constitution of the Republic of Palau, 1981. Senate, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzpu0001&i=1

Panama 🖉 edit

The state of Panama has had four separate governing constitutions with the first one being enacted in 1904. Title III, Section 27 of the 1904 Constitution of the Republic of Panama states, “Every person may freely express his opinion, either orally or in writing, by means of the press, or by any other process, without being first subject to censorship, provided always that he refers to the official acts of public functionaries.” Section 27 also recognizes that individuals will incur legal responsibility should “the honor of persons [be] assailed by any of these means.”

Sources:

“Historical Documents - Office of the Historian.” 2024. State.gov. 2024. https://history.state.gov/historicaldocuments/frus1904/d550.

Papua New Guinea 🖉 edit

Papua New Guinea officially enacted their constitution in 1975. Within this constitution, a section titled, “Basic Rights,” officially affords individuals the “freedom of conscience, of expression, of information and of assembly and association.” The freedom of expression, along with the other enumerated rights listed, are not limited on the basis of “race, tribe, places of origin, political opinion, colour, creed or sex.”

Sources:

“University of Minnesota Human Rights Library.” n.d. Hrlibrary.umn.edu. Accessed June 7, 2024. http://hrlibrary.umn.edu/research/newguinea-constitution.html.

“Papua New Guinea 1975 (Rev. 2016) Constitution - Constitute.” n.d. www.constituteproject.org. https://www.constituteproject.org/constitution/Papua_New_Guinea_2016.

Paraguay 🖉 edit

Article 18 of the 1870 Constitution of Paraguay includes a reference to the right of inhabitants of Paraguay "to teach and to learn", and Article 23 protects "Private acts, which in no way affect public order or morals or do wrong to third parties." Article 72 of the 1967 Constitution of Paraguay offered an explicit guarantee of freedom of expression in peacetime.

References:

English Translation of the Spanish Original Text of the Constitution of 1870 4-5 (2022) Chapter II: Rights and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=5&men_tab=srchresults

English Translation of the Spanish Original Text of the Constitution of 1967 10 (2022) Section 1: Individual Rights: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0027&id=12&men_tab=srchresults

Peru 🖉 edit

Peru has classified 12 separate documents as constitutions throughout its history. The first was drafted in 1823 but was never officially put into effect and only two have lasted more than 20 years. The first explicit assertion of the right to freedom of expression was illustrated in Section CLIII, Title IX - General Dispositions of the 1928 Political Constitution of the Peruvian Republic, “All may communicate their thoughts verbally, or in writing, and publish them by means of the Press, without previous censorship, but under the responsibility which the Law may determine.”

Article 2 of the 1993 Constitution of Peru asserts the right of every person "To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law."

References:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/bfsprs0016&id=984.

“Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 7, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts and-maps/peru-constitutions.

https://www.constituteproject.org/constitution/Peru_2021?lang=en.

Philippines 🖉 edit

The Philippines has had six different governing constitutions since their proclamation of independence in 1898. The first constitution was put into effect in 1899 and is commonly known as the Malolos Constitution(Constitution Day GOVPH n.d). Article 20 guarantees any Filipino the “the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means.” It is also important to note the succeeding statement in Article 21, “The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same.” Article 4, Section 9 of the Republic of the Philippines 1973 Constitution contains the first assertion of freedom of speech in the country’s independent history.

Sources:

“Constitution Day GOVPH.” n.d. Official Gazette of the Republic of the Philippines. https://www.officialgazette.gov.ph/constitutions/constitution-day/#:~:text=Th %20Philippines%20has%20had%20a.

“899 CONSTITUTION of the REPUBLIC of the PHILIPPINES (the MALOLOS CONSTITUTION).” n.d. Accessed June 7, 2024. https://www.chanrobles.com/PDF.LAWS/1899%20CONSTITUTION%20OF %20THE%20REPUBLIC%20OF%20THE%20PHILIPPINES.pdf.

“1973 Constitution of the Republic of the Philippines.” Official Gazette of the Philippines. Accessed July 17, 2023. https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/

Poland 🖉 edit

The Constitution of 1997 was the first document to protect freedom of expression in the present-day Republic of Poland, with Article 54 specifically outlining the right. Article 54 of the 1997 Constitution of Poland states: "The freedom to express opinions, to acquire and to disseminate information shall be ensured to everyone.” That said, past Polish governments have protected this right through a variety of legal documents, the earliest being the 1921 Constitution of the Republic of Poland.

Article 104 of the 1921 constitution states: “Every citizen has the right to express his ideas and opinions freely, provided that in so doing he does not violate the law.”

Article 105 of the same further stipulates: “Liberty of the Press is guaranteed. The Press shall not be subject to censorship and shall not be subsidized…”

Article 5 of the 1935 constitution reaffirms this right: “(2) The State assures its citizens the possibility of developing their personal capabilities, as also liberty of conscience, speech, and assembly. (3) The limit of these liberties is the common good.”

References:

“Constitution of the Republic of Poland, March 17 1921.” Sejm of the Republic of Poland. Accessed July 17, 2023. http://libr.sejm.gov.pl/tek01/txt/kpol/e1921.html

“Constitution of the Republic of Poland of 2nd April, 1997.” Sejm of the Republic of Poland. Accessed July 17, 2023. https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm

“Poland 1997,” Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Poland_1997

“The Polish Republic,” HeinOnline, accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.77)

“Constitution of the Republic of Poland (April 23rd, 1935)”. HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.12)

Portugal 🖉 edit

Article 37 of Portugal’s 1976 Constitution is the first assertion of freedom of expression in the present-day Portuguese Republic. It provides: "Everyone shall possess the right to freely express and publicize his thoughts in words, images or by any other means, as well as the right to inform others, inform himself, and be informed without hindrance or discrimination."

Other Portuguese governments have also protected this right, with its earliest assertion found in Article 145(3) of the Kingdom of Portugal’s 1822 Constitution.

The 1911 constitution also upheld this principle, providing in Article 3(14) that “Liberty of conscience and creed is inviolable.” Sub article 13 of the same stipulates, “The expression of thought in any form whatever is completely free, and not dependent upon the previous giving of security, submission to censure, or the obtaining of previous authorization, but the abuse of this privilege is punishable in the cases and in the manner prescribed by the law.”

“Constitutional Charter of Portugal.” World Constitutions Illustrated, Heinonline. Accessed July 17, 2023. https://heinonline.org/HOL/P?h=hein.beal/modern0002&i=160

“Constitution of the Portuguese Republic.” University of Minnesota Human Rights Library. Accessed July 17. http://hrlibrary.umn.edu/research/portugal-constitution.html

“Constitution of the Republic of Portugal—Lisbon, August 21, 1911.” HeinOnline, accessed on June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p. 767)

“Portugal 1976 (rev. 2005).” Constitute Project. Accessed June 7, 2024. https://www.constituteproject.org/constitution/Portugal_2005

Qatar 🖉 edit

Qatar's first formal assertion of freedom of expression is relatively recent compared to many other nations. It was included in the Permanent Constitution of Qatar, which was approved in a public referendum in 2003 and adopted on June 8, 2004. The constitution was part of broader reforms initiated by the Emir of Qatar to modernize the state and its institutions. This included greater political freedoms, though within the context of a conservative Gulf monarchy.

Article 47 of the Qatari Constitution states: “ Freedom of expression of opinion and scientific research is guaranteed in accordance with the conditions and circumstances set forth in the law.”

Article 48 adds: "Freedom of the press, printing and publication shall be guaranteed in accordance with the law."

Article 50: “Freedom to practice religious rites shall be guaranteed to all persons in accordance with the law and the requirements of the maintenance of public order and morality.”

References:

"Qatar Constitution 2004," ACE Electoral Knowledge Network, accessed June 11, 2024, https://aceproject.org/ero-en/regions/mideast/QA/qatar-constitution-2004/view.

Romania 🖉 edit

Freedom of expression was first protected by Romania’s current semi-presidential regime through Article 30 of the country’s 1991 Constitution. Article 30 of the 1991 constitution reads, "(1) The freedom to express ideas, opinions, and beliefs and the freedom of creation of any kind — orally, in writing, through images, by means of sound, or by any other means of public communication — are inviolable. (2) Censorship of any kind is prohibited."

However, the right was first protected in the land when it was known as the Kingdom of Romania through the 1866 Constitution.

It was also asserted in the 1923 constitution, which was influenced by democratic principles following World War I. Article 5 of this constitution states, “Romanians, irrespective of ethnic origin, language or religion, shall enjoy freedom of conscience, freedom of education, freedom of the press, freedom of assembly, freedom of association and all freedoms and rights established by law”.

References:

“Constitution of 30 June/12 July 1866, as Amended 13/25 October 1876 and 8/20 June 1884.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.cow/stwar0001&i=525

“The Constitution of Romania.” President of Romania. Accessed July 17, 2023. https://www.presidency.ro/en/the-constitution-of-romania

“Constitution of 1923.” Royal House of Romania Hohenzollern-Sigmaringen Accessed June 7, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/text-constitution-of-1923.

“Romania 1991 (rev. 2003) Constitution," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Romania_2003.

Russia 🖉 edit

Article 29 of the 1993 Constitution of the Russian Federation is the first assertion of freedom of expression in the country’s independent history. It provides: “1. Everyone shall be guaranteed the freedom of thought and speech. 2. Propaganda or agitation, which arouses social, racial, national, or religious hatred or hostility shall be prohibited. Propoganda of social, racial, national, religious, or linguistic supremacy shall also be prohibited. 3. Nobody shall be forced to express his thoughts and convictions or to deny them. 4. Everyone has the right to freely seek, receive, transmit, produce, and disseminate information by any legal means. The list of information, which constitute State secrets, shall be determined by federal law."

That said, under the Russian Socialist Soviet Republic this right was articulated as early as 1923 through the Constitution (Basic Law) of the Union of Soviet Socialist Republics.

References:

“Constitution of the Russian Federation.” University of Minnesota Human Rights Library. Accessed July 17, 2023. http://hrlibrary.umn.edu/research/constitution-russia.html

“Constitution (Basic Law) of the Union of Soviet Socialist Republics, 1923/24.” World Constitutions Illustrated, Heinonline. Accessed July 17, 2023. https://heinonline.org/HOL/P?h=hein.journals/intcon5&i=426

“Russian Federation 1993 (rev. 2014)”. Constitute Project Accessed June 7, 2024. https://www.constituteproject.org/constitution/Russia_2014#s166.

Rwanda 🖉 edit

Freedom of expression is first mentioned in Article 18 of Rwanda’s first constitution, which entered into law in 1962. However, the document does place limits on the right in accordance with other laws, public security, and the honor of others.

A more explicit and internationally aligned assertion came with the post-genocide Constitution of 2003. Article 37 of the Rwandan Constitution of 2003 states: "Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State in accordance with the law."

References:

“Constitution de la République Rwandaise.” Library of Congress. Accessed July 10, 2023. https://www.loc.gov/item/2008700213/#:~:text=Summary,from%20the%20neighboring%20Belgian%20Congo.

"Rwanda 2003 (rev. 2015) Constitution," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Rwanda_2015.

Saint Kitts and Nevis 🖉 edit

The Constitution of St. Kitts and Nevis, adopted in 1983, first protected freedom of expression in its 12th amendment. The section also stipulates that this right can be limited as “reasonably required” for a variety of public interests.

“The Constitution of Saint Christopher and Nevis.” The Government of St. Kitts and Nevis. Accessed July 10, 2023. https://www.gov.kn/the-constitution/

Saint Lucia 🖉 edit

St. Lucia first protected freedom of expression in the preamble as well as the 1st and 10th articles of its 1978 Constitution. Article 10 lists several exceptions to the right, including public interests and the protection of the rights of others.

“Saint Lucia 1978.” Constitute. Accessed July 10, 2023. https://www.constituteproject.org/constitution/St_Lucia_1978

Saint Vincent and the Grenadines 🖉 edit

Adopted in 1979, the Constitution of St. Vincent and the Grenadines is the first document in the country’s history to protect freedom of expression. This right is specifically mentioned in Article 1(b).

“Saint Vincent and the Grenadines 1979.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/St_Vincent_and_the_Grenadines_1979

Samoa 🖉 edit

Article 13(1)(a) of Samoa’s 1962 Constitution is the first assertion of freedom of expression in the country’s history. The article also states that this right can be limited for various reasons including public interests and national security.

“Samos’s Constitution of 1962 with Amendments through 2017.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Samoa_2017.pdf?lang=en

San Marino 🖉 edit

Freedom of expression was first protected by Article 6 of San Marino Law 59, adopted in 1974. Also known as the Declaration of Citizen Rights, this legislation only allows for the limitation of this right in exceptional cases or to uphold public interests.

“Decreto 8 luglio 2002 n. 79 Repubblica di San Marino.” FAO. Accessed July 11, 2023. https://www.fao.org/faolex/results/details/es/c/LEX-FAOC127860/

São Tomé and Príncipe 🖉 edit

São Tomé and Príncipe’s 1975 Constitution is the first legal document in the country’s history to protect freedom of expression. Article 29 specifically outlines this right.

“São Tomé and Príncipe Constitution of 1975 with Amendments through 2003.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003.pdf?lang=en

Saudi Arabia 🖉 edit

Freedom of expression is not protected by any legal measures in Saudi Arabia. Expression itself is only mentioned in Article 39 of the Basic Law of Governance, adopted in 1992. It states that “mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation and strengthen unity. It is prohibited to commit acts leading to disorder and division, affecting the security of the state and its public relations, or undermining human dignity and rights.”

“Basic Law of Governance.” The Embassy of the Kingdom of Saudi Arabia. Accessed July 11, 2023. https://www.saudiembassy.net/basic-law-governance

Senegal 🖉 edit

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

Serbia 🖉 edit

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

Seychelles 🖉 edit

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

Sierra Leone 🖉 edit

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

Singapore 🖉 edit

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

Slovakia 🖉 edit

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

Slovenia 🖉 edit

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

Solomon Islands 🖉 edit

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

Somalia 🖉 edit

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

South Africa 🖉 edit

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

South Korea 🖉 edit

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

South Sudan 🖉 edit

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

Spain 🖉 edit

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

Sri Lanka 🖉 edit

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 🖉 edit

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 🖉 edit

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

Sweden 🖉 edit

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

Switzerland 🖉 edit

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

Syria 🖉 edit

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

Tajikistan 🖉 edit

Article 30 of Tajikistan’s constitution guarantees freedom of speech and prohibits state censorship, while Article 40 guarantees the right to freely create. The document was first adopted in 1994; however, as citizens of a Soviet Republic in the 1980s, the people of Tajikistan were granted some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies prior to independence.

“Constitution of the Republic of Tajikistan.” General Prosecutor’s Office of the Republic of Tajikistan. Accessed June 26, 2023. https://www.prokuratura.tj/en/legislation/the-constitution-of-the-republic-of-tajikistan.html “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Tanzania 🖉 edit

Freedom of expression is initially mentioned in the Second Schedule of Tanzania’s first constitution. The document was established in 1961 after the country gained independence from the United Kingdom.

“The Tanganyika (Constitution) Order in Council, 1961.” Citizenship Rights Africa. Accessed June 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2016/08/Tanganyika-Constitution-Order-in-Council-1961-SI-2274.pdf

Thailand 🖉 edit

Thailand’s 1932 constitution was the first document in the state’s history to protect freedom of speech. Article 14 guaranteed this right, though it was “subject to the provisions of the law.”

“Thailand Constitution 1932.” Bloomsbury Professional. Accessed June 28, 2023. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf

Togo 🖉 edit

The 1963 constitution is the first instance where freedom of expression is outlined in the Togolese legal system. Article 12 of the document officially enshrines the right into law.

“Constitution de la République Togolaise, 5 Mai 1963.” Library of Congress. Accessed June 26, 2023. https://www.loc.gov/item/2008700247/#amp=&page=5&item_type=book

Tonga 🖉 edit

Tonga’s constitution, adopted in 1875, protects freedom of speech in the first clause of its 7th Article. However, the clause also states that this right “does not outweigh the law of defamation, official secrets, or the laws protecting the King and the Royal Family.”

“Tonga’s Constitution of 1875 with Amendments Through 2013.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tonga_2013.pdf?lang=en

Trinidad and Tobago 🖉 edit

The Trinidad and Tobago (Constitution) Order in Council of 1962 was the first document to establish freedom of expression in the country. The right is specifically outlined in Section 1(i) of the chapter entitled “The Recognition and Protection of Human Rights and Fundamental Freedoms.”

“Trinidad and Tobago (Constitution) Order in Council 1962.” Government of the Republic of Trinidad and Tobago. Accessed June 26, 2023. http://laws.gov.tt/pdf/A7.pdf

Tunisia 🖉 edit

Freedom of expression was first guaranteed under Article 8 of Tunisia’s first constitution after gaining independence from France. The document was adopted in 1959 with periodical amendments through 2008.

“Tunisia’s Constitution of 1959 with Amendments through 2008.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tunisia_2008.pdf

Turkey 🖉 edit

The Turkish Constitution of 1924 is the first document that implemented freedom of speech, conscience, and thought into the country’s law. These rights were laid out in Section V, Article 70.

Earle, Edward M. “The New Constitution of Turkey.” Political Science Quarterly. Vol. 40. No. 1 (Mar., 1925), pp-73-100. https://www.jstor.org/stable/2142408

Turkmenistan 🖉 edit

Turkmenistan’s 1992 constitution was the first legal document to protect the freedoms of conviction and expression in the state’s history, with the rights outlined in Article 26. That said, during the 1980s when the country was a Soviet Republic there were some opportunities for freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies.

“Constitution of Turkmenistan.” University of Minnesota Human Rights Library. Accessed June 26, 2023. http://hrlibrary.umn.edu/research/turkmenistan-constitution.html “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Tuvalu 🖉 edit

Freedom of expression was first outlined in Tuvalu’s 1978 constitution. Section 11 of the document mentions the right briefly, while Section 24 defines it more specifically and stipulates some exceptions in regards to public interests such as safety, defense, and health.

“Constitution of Tuvalu.” Tuvalu Government. Accessed June 26, 2023. https://www.gov.tv/tuvalu-constitution/

Uganda 🖉 edit

Uganda’s 1962 constitution is the original document that guaranteed freedom of expression for the country’s citizens. The right is expressly mentioned in Article 17(b); however, the section also states that the right may be limited to protect public interests and the liberties of others.

“Uganda Constitution (Order in Council) 1962.” World Statesmen. Accessed June 27, 2023. https://www.worldstatesmen.org/Uganda-const-1962.pdf

Ukraine 🖉 edit

Article 34 of the Ukrainian Constitution, adopted in 1996, guarantees freedom of expression for all Ukrainians. The same article also stipulates different limitations on this right, most of which are based on public interests. Prior to their independence from the Soviet Union, Ukrainians had also been able to enjoy some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies during the 1980s.

“Constitution of Ukraine.” Council of Europe. Accessed June 28, 2023. https://rm.coe.int/constitution-of-ukraine/168071f58b “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

United Arab Emirates 🖉 edit

Freedom of expression was first mentioned in Article 30 of the United Arab Emirates’ 1971 constitution. However, the document only guarantees this freedom “within the limits of the law.”

“United Arab Emirates 1971 (rev. 2004).” Constitute. Accessed June 27, 2023. https://www.constituteproject.org/constitution/United_Arab_Emirates_2004?lang=en

United Kingdom 🖉 edit

Freedom of expression was first codified in the United Kingdom through the Human Rights Act of 1998. This piece of legislation protected the liberties guaranteed by the European Convention on Human Rights, including Article 10, which states that “everyone has the right to freedom of expression” (“European Convention on Human Rights” 1953, 12). That said, prior to the ratification of the HRA freedom of speech had a somewhat ambiguous protected status, with some courts in the UK suggesting that common law recognized the right (Barendt 2009, 1).

Barendt, Eric. “Freedom of Expression in the United Kingdom Under the Human Rights Act 1998.” Indiana Law Journal Vol. 84, Iss. 3, Art. 4 (Summer 2009). https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1125&context=ilj “European Convention on Human Rights.” Council of Europe. Accessed June 27, 2023. https://www.echr.coe.int/documents/d/echr/convention_eng “Human Rights Act of 1998.” Government of the United Kingdom. Accessed June 27, 2023. https://www.legislation.gov.uk/ukpga/1998/42/section/1

United States 🖉 edit

The 1st Amendment to the US Constitution was the earliest piece of federal legislation in the country’s history to protect freedom of speech. The original document became law in 1788, while the Bill of Rights, which included the First Amendment, was ratified in 1791.

“The United States Constitution.” National Constitution Center. Accessed June 27, 2023. https://constitutioncenter.org/the-constitution/full-text

Uruguay 🖉 edit

The Constitution of the Oriental Republic of Uruguay, adopted in 1830, was the first document to guarantee freedom of speech after the country gained independence from Spain. Article 29 protects this right through all methods of circulation, while also stipulating that individuals “may be held liable, in accordance with the law, for abuses which they may commit.”

“The Constitution of the Oriental Republic of Uruguay.” Refworld. Accessed June 27, 2023. https://www.refworld.org/docid/3ae6b5600.html

Uzbekistan 🖉 edit

The Constitution of Uzbekistan, adopted in 1992, protects freedom of thought, speech, and convictions in Article 33. Prior to their independence from the Soviet Union, however, citizens of Uzbekistan were able to enjoy some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies of the 1980s.

“Constitution of the Republic of Uzbekistan.” Constitution of the Republic of Uzbekistan. Accessed June 28, 2023. https://constitution.uz/en/clause/index#section7 “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Vanuatu 🖉 edit

Article 5(1)(g) of Vanuatu’s constitution was the first legal document to recognize freedom of expression as a fundamental right of the country’s citizens. The body of laws was adopted in 1980, shortly after gaining independence from France.

“Laws of the Republic of Vanuatu.” Government of Vanuatu. Accessed June 27, 2023. https://www.gov.vu/images/legislation/constitution-en.pdf

Venezuela 🖉 edit

Article 181 of the Constitution of the Federal States of Venezuela, adopted in 1811, was the first document in the country’s history to mention freedom of expression through print. However, Article 4 of the country’s 1819 constitution was the first to guarantee the right to express using all mediums, except in cases where it interfered with “public tranquility, good customs, life, honor, esteem, and individual property.”

“Constitución Federal de 1811.” Biblioteca Virtual Miguel de Cervantes. Accessed June 27, 2023. https://www.cervantesvirtual.com/obra-visor/constitucion-federal-de-los-estados-de-venezuela-21-de-diciembre-1811/html/86de8dbc-4b14-4131-a616-9a65e65e856a_2.html “Constitución - 1819.” Instituto Geográfico de Venezuela Simón Bolívar. Accessed June 27, 2023. https://web.archive.org/web/20171201034609/http://www.igvsb.gob.ve/marco_legal/upload/archivos/CONSTITUCION%201819.pdf

Vietnam 🖉 edit

In 1946, the Democratic Republic of Vietnam adopted a constitution which became the country’s first legal document to enshrine freedom of speech into law. Article 10(i) specifically protected this right for Vietnamese citizens.

“Vietnamese Constitution 1946.” Bloomsbury Professional. Accessed June 27, 2023. https://media.bloomsburyprofessional.com/rep/files/vietnam-constitution-1946x.pdf

Yemen 🖉 edit

Article 26 of the Yemeni constitution guarantees freedom of thought and free expression of opinions. The document was adopted in 1991, when South Yemen and the Yemen Arab Republic united.

“Constitution of Yemen.” University of Minnesota Human Rights Library. Accessed June 27. http://hrlibrary.umn.edu/research/yemen-constitution.html

Zambia 🖉 edit

Freedom of expression was first legally protected in Zambia under its 1964 constitution. Article 22 of the document defines and guarantees this right, while stating that limitations can be enforced based on public interests, protection of the rights of others, and more. “The Constitution of Zambia.” Citizenship Rights Africa. Accessed June 27, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2020/06/Zambia-Constitution-1964.pdf

Zimbabwe 🖉 edit

Zimbabwe’s constitution of 1980 is the first document in the country’s history to protect freedom of expression. Section 20 goes into specific detail about this right, and codifies some exceptions related to public interests and protections.

“Zimbabwe Constitution 1980 up to 17th Amendment.” Zimbabwe Legal Resources Website. Accessed June 27, 2023. https://www.law.co.zw/download/zimbabwe-constitution-1980-up-to-17th-amendment/

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Is the identification of this right associated with a particular era in history, political regime, or political leader? 🖉 edit

Freedom of expression is a relatively new term, however, not a new concept. For much of its history, the individual freedoms covered under freedom of expression were established in isolated contexts throughout time and eventually translated into this overarching concept of freedom of expression. The identification of this freedom is a product of many contributions over several centuries, resulting in associations to multiple eras and contributors: yet remaining limited to being a fundamental element of democratic regimes. The composition of freedom of expression possesses two elements associated with the present-day interpretation. The first element is the origins of the foundational freedoms covered under the overall “Freedom of expression.” The second element is the transition from individual freedoms to the broader notion of expression. Today, it is universally understood that freedom of expression includes freedom of speech and freedom of the press. While freedom of speech has origins in ancient Greece through the concept of Parrhêsia, (Konstan, 2012, 1), freedom of the press and expression have a significant concrete appearance through the works of John Milton in Areopagitica(1644). In the book Free Speech and Democracy in Ancient Athens, Arlene Saxonhouse discusses how Milton “Protests the licensing of books and the governmental restraints thereby placed on free expression in published works… Milton argues in a series of allusions to the world of ancient Athens, tying Milton to the values expressed by the ancient Athenian, connecting freedom of speech to human virtue and political freedom’’ (Saxonhouse 2005, 20). The next significant development to freedom of expression was the ratification of the Bill of Rights into the U.S. Constitution; a document that drew inspiration from the English Magna Carta (1215). Although the Magna Carta did not explicitly mention free speech, it did guarantee certain liberties that would be conceptualized into modern democracy and go on to inspire the Bill of Rights, i.e The First Amendment (WEX Definitions Team, 2020). Thus, The First Amendment became an important development in what would come to be called freedom of expression. However, it wouldn't be until 1948 that “freedom of expression” was officially coined and universally recognized. Following World War II, freedom of information was declared a fundamental human right but the language of “freedom of expression” was not agreed upon until it was drafted and entered into the Universal Declaration of Human Rights in 1948 by an American committee (Kleinwächter, 2022). Between The First Amendment and Universal Declaration of Human Rights, innovations such as the telegraph and radio broadcasting proposed new obstacles to information sharing beyond borders. This led to multiple treaties and conventions discussing the censoring of content shared internationally, thus challenging freedom of speech and press, however, no explicit mention of freedom of expression was mentioned in these international treaties(Kleinwächter, 2022). Article 19 of the Universal Declaration of Human Rights states that “everyone has the right to freedom of opinion and expression; this includes the right to hold opinions without interference and to seek, receive, and impart information through any media regardless of frontiers.” It was here that the individual freedoms within the First Amendment translated into the united concept of “freedom of expression” and then became internationally recognized into law through the International Covenant on Civil and Political Rights in 1966 with the same language used in Article 19 (Kleinwächter, 2022). With a long evolution and multiple developments contributing to the concept today, the identification of this freedom is not limited to a single era, but rather significant to several. .. The associations of these eras parallel the significance of the identification of this freedom in relation to a specific type of regime. These dates, as well as the overall notion of this freedom, are important to the development and expansion of democracy and democratic institutions. This element of democracy facilitates open debate, proper consideration of different perspectives, and the negotiation and compromise necessary for consensual policy decisions (Freedom House, 2023). Without this freedom, true democracy would not exist as “the suppression of ideas is inconsistent with the concept that a democratic society bases its decisions on full and open discussion of all points of view (Bogen, 1983, 464).” Expressing content or discontent for a government, policy, or principle, as well as proposing solutions or critiques, amongst expressions of other topics, allows for the democratic process to function for its intended purpose and is profoundly within the right of an individual to do so as a protected human right. Unlike the association to a single regime type, this freedom is not limited to a single political leader. Instead, multiple figures, often not in positions of leadership, opposed the censoring of opinions and ideas, and acted as the main contributors to the expansion of freedom of expression. Those who drafted the Magna Carta opposed the monarchy of King John; Milton opposed government censorship, and the Framers of the Constitution opposed absolute power by a single ruler. All of these developments over time resulted in the association to several contributors who led us to the contemporary understanding of this freedom. This long evolutionary process with collaborative efforts from key points and figures throughout history has resulted in the identification of this right being tied to multiple eras and figures, yet to only one regime type.

References:

Konstan, David. 2012. “The Two Faces of Parrhêsia: Free Speech and Self-Expression in Ancient Greece.” Antichthon 46. Cambridge University Press: 1–13. doi:10.1017/S0066477400000125.

Saxonhouse, Arlene W. 2005. Free Speech and Democracy in Ancient Athens. Cambridge University Press. 11-37

WEX Definitions Team. 2020 “Magna Carta.” LII / Legal Information Institute. https://www.law.cornell.edu/wex/magna_carta#:~:text=The%20writers%20of%20the%20Bill.

Bogen, David S. 1983. “The Origins of Freedom of Speech and Press” 42. Maryland Law Review. 429-465. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2503&context=mlr

Freedom House. “Freedom of Expression.” 2023. https://freedomhouse.org/issues/freedom-expression

Kleinwächter, Wolfgang. 2022. “A History of the Right to Freedom of Expression.” Observer Research Foundation. https://www.orfonline.org/expert-speak/a-history-of-the-right-to-freedom-of-expression/

Is there another noteworthy written source from the past that mentions this right? 🖉 edit

Noted philosophers have written commentaries on laws, freedoms, and political theory; these include John Stuart Mill's noteworthy work On Liberty.

Many international treaties, charters, and conventions also work to avidly incorporate the freedom of expression in its foundations. The UN International Covenant on Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the African Charter on Human and Peoples’ Rights, and the EU Charter of Fundamental Rights.

References:

John Stuart Mill, On Liberty

What specific events or ideas contributed to its identification as a fundamental right? 🖉 edit

The expression of thoughts, ideas, art, entertainment, and more started long before their rights were explicitly proclaimed or protected. The oldest piece of art archeologists have discovered dates back 45,000 years (Cascone, 2021). Archeologists have found objects from 400,000 years ago that “would probably have required a level of symbolic communication close to that of language.” Hunter gatherer societies had religion of their own (Peoples et al., 263, 2016). But while humans have been expressing themselves for millennia, the protection of their expression has not always been existent – especially when the content of their expression offends or hurts another party in some way.

David Konstan cited Arnaldo Momigliano, who explained: “In the second part of the fifth century and during the greater part of the fourth century every Athenian citizen had the right to speak [in the assembly] unless he disqualified himself by certain specified crimes.’ This freedom was, according to Momigliano, ‘an Athenian fifth-century idea’, and the term that best expressed it was parrhêsi” (Konstan, 1, 2012). However, as David Konstan argues, parrhesia was less of a “right” and more of a “license to express one’s views, whatever the context.” Athenian citizens understood it as “an expectation, a feature of social life.” Konstan compares the ideal to an American citizen who proclaims “This is a free country, isn’t it?” in response to “an attempt to silence them” (Konstan, 4, 2012). However, as evidenced by the trial of Socrates, this ideal is not always protected by law when the idea contradicts beliefs espoused by the community – for Socrates’ case, questioning the gods and thus “corrupting the youth.” On this trial, some “authors affirm the view of Athens as fundamentally tolerant, with Socrates’ trial, ‘the decision to prosecute an old man for saying and doing what he had been saying and doing for so many years,’ as an aberration, perhaps brought about by ‘the wounds of recent history’”, the recent history being the violent tyranny of the Thirty set in place by the victorious Spartans after the Peloponnesian War (Saxonhouse, 102, 2006). Socrates’ teaching of Critias caused a stir in Athens, likely contributing to his prosecution more on his association rather than the content of the expression itself.

The events of the Enlightenment were essential to rights themselves and the development of expression among them. Expression can be understood as the dissemination of someone’s thoughts, thus touching on the ideals of individual ownership of self and self-agency. Locke defines freedom in his Essay Concerning Human Understanding as the “Power in any Agent to do or forbear any particular action, according to the determination or thought of the mind, whereby either of them is preferred to the other” (Locke, 303, 1690). Voltaire was one of the more prolific writers of the era, consistently firing back publicly and publishing satires. He was one of the most influential thinkers in the Enlightenment because of his willingness to challenge the status quo and stretch speech rights into the categories of the offensive, which inspired critique and dissension from others. In one of his dialogues, Voltaire said, “People say stupid and insulting things, but must speaking be forbidden? Everybody can write what they think in my country at their own risk…If it finds that you have spoken foolishly, it boos you; if seditiously, it punishes you; if wisely and nobly, it loves you and rewards you…Without the freedom to explain what one thinks, there is no freedom among men” (Voltaire, 140, 1994). The Enlightenment transformed the conception of rights for the Western world, and led ultimately to the important declarations of the rights to expression found in revolutionary documents.

The first guarantee of expression was speech in the English Bill of Rights of 1689. Among the guarantees were rights found in the American First Amendment, including “the right to petition and freedom of speech and debate” (Vile, “English Bill of Rights”, 2009). The Massachusetts Body of Liberties in 1641 and the adoption of the Virginia Bill of Rights were early American colonial legislatures’ expression of the rights of free press and speech (FIRE, “History of Free Speech”, 2022). The first 10 amendments to the Constitution of the United States include the First Amendment – that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (National Archives, “The Bill of Rights: A Transcription”, 2023). All of these are tenets of free expression – they protect the people from prosecution of the state for expression or behaviors that counter state interests. In France, similar revolutionary ideals took form in the Declaration of the Rights of Man and Citizen in 1789, which states that “No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law” (Yale Law Library, “Declaration of the Rights of Man – 1789”, 2008). These early expressions of the law include important things – that the government cannot restrict it, but most agreed that there are circumstances where free expression does not apply.

To understand the idea of free expression, it is important to understand accepted exceptions to the expressed First Amendment right. Among these, the government has permitted laws which prohibit certain types of speech in specific times, places, and locations – such as imposing limits on the noise level of speech, capping the number of protesters who may occupy a given forum, barring early-morning or late-evening demonstrations, and restricting the size or placement of signs on government property” (O’Neill, “Time, Place, Manner Restrictions”). Any restriction of this kind has to pass “a three-prong test outlined by the Supreme Court in Ward v. Rock Against Racism (1989)…The regulation must be content neutral…It must be narrowly tailored to serve a significant governmental interest…It must leave open ample alternative channels for communicating the speaker’s message.” In this case, the Supreme Court ruled that New York City officials could control the volume of amplified music at rock concerts in Central Park without violating the First Amendment” (Hudson, “Ward v. Rock against Racism, 2009). The government may also restrict speech which falls into the categories of “incitement, defamation…obscenity, child pornography…and threats” (Volokh, “Permissible Restrictions on Expression”, 2023). The Supreme Court ruled on restrictions of incitement – defined as “speech [that] is forbidden because it incites, or is likely to lead to, violence or illegal actions” – in the landmark decision in Brandenburg v Ohio (Vile, “Incitement to Imminent Lawless Action”, 2009). In this case, Brandenburg, a member of the KKK, was convicted under Ohio law for statements that “alluded to the possibility of “revengeance” (sic) in the event that the federal government and Court continued to “‘suppress the white, Caucasian race.” The Supreme Court overturned the conviction and held that “advocacy could be punished only ‘where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action’” (Walker, “Brandenburg v Ohio”, 2009). The second exception to free expression is defamation. Defamation deals with two types of tort action “that encompasses false statements of fact that harm another’s reputation”: libel and slander. Libel “generally refers to written defamation, while slander refers to oral defamation, though much spoken speech that has a written transcript also falls under the rubric of libel.” In New York Times Co. v Sullivan, the New York Times published an article with factual errors about protests occurring in Alabama. In the case, “The Court reasoned that ‘erroneous statement is inevitable in free debate’ and that punishing critics of public officials for any factual errors would chill speech about matters of public interest. The high court also established what has come to be known as ‘the actual malice rule’.” This rule says that the offended party “must prove by clear and convincing evidence that the speaker made the false statement with ‘actual malice’ — defined as ‘knowledge that it was false or with reckless disregard of whether it was false or not’” (Hudson, “Defamation”, 2020). The third and fourth exceptions are obscenity and child pornography. Obscenity “refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value” (Hudson, “Obscenity and Pornography”, 2009). The test for obscenity comes from Miller v California, a case where “the Supreme Court upheld the prosecution of a California publisher for the distribution of obscene materials.” The test in this case has three parts: “‘Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value’” (Hudson, “Miller v. California”, 2009). The last exception to the first amendment is true threats. The test case for this exception is Virginia v Black, where a statute banning crossburning was upheld in the state of Virginia. The court’s reasoning was “‘True threats’ encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. . . . Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death’” (O’Neill, “True Threats”, 2017). These exceptions to the first amendment illustrate that the right is not absolute in American jurisprudence, and the intent and manner of the speech – as illustrated above – weighs heavily in whether or not it is permissible.

References:

“The Bill of Rights: A Transcription.” 2023. National Archives and Records Administration. National Archives and Records Administration. April 21. https://www.archives.gov/founding-docs/bill-of-rights-transcript#:~:text=Amendment%20I-,Congress%20shall%20make%20no%20law%20respecting%20an%20establishment%20of%20religion,for%20a%20redress%20of%20grievances.

Cascone, Sarah. 2021. “Archaeologists Have Discovered a Pristine 45,000-Year-Old Cave Painting of a Pig That May Be the Oldest Artwork in the World.” Artnet News. December 9. https://news.artnet.com/art-world/indonesia-pig-art-oldest-painting-1937110#:~:text=Archaeologists%20believe%20they%20have%20discovered,at%20least%2045%2C500%20years%20ago. David L. Hudson, Jr. 2020. Defamation. May 14. https://mtsu.edu/first-amendment/article/1812/defamation. “Declaration of the Rights of Man - 1789.” 2008. Yale Law School Lillian Goldman Law Library - The Avalon Project. https://avalon.law.yale.edu/18th_century/rightsof.asp.

“History of Free Speech.” 2022. The Foundation for Individual Rights and Expression. https://www.thefire.org/history-free-speech#timeline--23542--2.

Hudson, David L. 2009a. “Obscenity and Pornography.” Obscenity and Pornography. https://mtsu.edu/first-amendment/article/1004/obscenity-and-pornography.

Hudson, David L. 2009b. “Ward v. Rock against Racism.” Ward v. Rock against Racism. https://mtsu.edu/first-amendment/article/370/ward-v-rock-against-racism.

Hudson, David L. 2009c. Miller v. California. https://mtsu.edu/first-amendment/article/401/miller-v-california.

Konstan, David. 2012. “The Two Faces of Parrhêsia*: Free Speech and Self-Expression in Ancient Greece: Journal of the Australian Society for Classical Studies.” Proquest. Antichton. https://www.proquest.com/docview/1459226473?parentSessionId=2riArMLT%2B2G%2FrXHB8pHqr%2B%2FkAK%2FBkJYL8QsEw3yaHAg%3D&pq-origsite=primo&accountid=6167.

Locke, John. 1690. An Essay Concerning Human Understanding. PinkMonkey. https://pinkmonkey.com/dl/library1/book1284.pdf.

O’Neill, Kevin Francis. 2009. “Incitement to Imminent Lawless Action.” Incitement to Imminent Lawless Action. https://mtsu.edu/first-amendment/article/970/incitement-to-imminent-lawless-action.

O’Neill, Kevin Francis. 2009. “Time, Place and Manner Restrictions.” Time, Place and Manner Restrictions. https://mtsu.edu/first-amendment/article/1023/time-place-and-manner-restrictions.

O’Neill, Kevin Francis. 2017. “True Threats.” True Threats. https://mtsu.edu/first-amendment/article/1025/true-threats. Peoples, Hervey C, Pavel Duda, and Frank W Marlowe. 2016. “Hunter-Gatherers and the Origins of Religion.” Human Nature (Hawthorne, N.Y.). U.S. National Library of Medicine. September. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4958132/. Rickless, Samuel. 2020. “Locke on Freedom.” Stanford Encyclopedia of Philosophy. Stanford University. January 21. https://plato.stanford.edu/entries/locke-freedom/.

Saxonhouse, Arlene W. 2006. Free Speech and Democracy in Ancient Athens. EbscoHost. Cambridge: Cambridge University Press.

Vile, John R. 2009a. “English Bill of Rights.” English Bill of Rights. https://www.mtsu.edu/first-amendment/article/865/english-bill-of-rights#:~:text=The%20document%2C%20which%20initially%20came,U.S.%20Constitution%2C%20to%20members%20of.

Volokh, Eugene. 2023. “Permissible Restrictions on Expression.” Encyclopædia Britannica. Encyclopædia Britannica, inc. June 30. https://www.britannica.com/topic/First-Amendment/Permissible-restrictions-on-expression.

Voltaire, Frangois Marie, and David Williams. 1994. Political Writings. Cambridge University Press. Cambridge England: Cambridge University Press. https://doi.org/10.1017/CBO9781139170451.

Walker, James L. 2009. Brandenburg v. Ohio. https://mtsu.edu/first-amendment/article/189/brandenburg-v-ohio.

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