Why protect freedom of speech
Vital for democracy.
Prevents oppressive government.
Artistic expression.
Personal development.
Truth can only emerge through battle of ideas.
How? - common law civil liberties
Every individual can do what is not prohibited by law. Government can only do what is permitted by law.
Rights are protected by the common law.
Magna Carta 1215, 1297
“No freeman shall be taken or imprisoned, or be dismissed of his freehold , or liberties…. But by lawful judgment of his
peers, or by the law of the land”
Civil liberties and human rights
Contrast the civil liberties protection of freedom to its protection through human rights:
Common law constitutional protection through case law (Vulnerable to legislation by Parliament).
Rights protection by a code of rights.
Timeline:
Common law protection only.
1951 - ECHR unincorporated in UK law
Art . 10 does not limit the discretion of the minister (R(Brind)).
Remedy in Strasbourg.
1998: HRA - ECHR part of UK law.
Freedom of expression and freedom of assembly
Two closely connected freedoms.
Articles 10, 11
They are also protected, and limited, in common law.
Today all English law subject to Articles, 10,11
Article 10
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and
impart information and ideas without interference by public authority and regardless of frontiers. This article shall not
prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests
of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of
health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality of the judiciary.
Freedom of expression
Includes unpopular speech, speech against majority views (perhaps most importantly).
But it is a qualified right, states can limit.
Test
•Is a right involved?
•No – no breach
•Yes – go to next stage
Vital for democracy.
Prevents oppressive government.
Artistic expression.
Personal development.
Truth can only emerge through battle of ideas.
How? - common law civil liberties
Every individual can do what is not prohibited by law. Government can only do what is permitted by law.
Rights are protected by the common law.
Magna Carta 1215, 1297
“No freeman shall be taken or imprisoned, or be dismissed of his freehold , or liberties…. But by lawful judgment of his
peers, or by the law of the land”
Civil liberties and human rights
Contrast the civil liberties protection of freedom to its protection through human rights:
Common law constitutional protection through case law (Vulnerable to legislation by Parliament).
Rights protection by a code of rights.
Timeline:
Common law protection only.
1951 - ECHR unincorporated in UK law
Art . 10 does not limit the discretion of the minister (R(Brind)).
Remedy in Strasbourg.
1998: HRA - ECHR part of UK law.
Freedom of expression and freedom of assembly
Two closely connected freedoms.
Articles 10, 11
They are also protected, and limited, in common law.
Today all English law subject to Articles, 10,11
Article 10
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and
impart information and ideas without interference by public authority and regardless of frontiers. This article shall not
prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests
of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of
health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality of the judiciary.
Freedom of expression
Includes unpopular speech, speech against majority views (perhaps most importantly).
But it is a qualified right, states can limit.
Test
•Is a right involved?
•No – no breach
•Yes – go to next stage
