Article 16 of the Bill of Rights protects the freedom of opinion and expression of everyone. Also according to the Article 27 of the Basic Law, “Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.” This means that the freedom of Hong Kong residents in doing the above acts should not be restricted. So, if a particular law offenses the freedom given by the Article 27 of the Basic Law, it contravenes with the Basic Law. Though the freedom of expression of everyone is protected by the above laws, Article 16 pf the Bill of Rights stated that the exercise of the rights provided by this article carries with its special duties and responsibilities. This means that even when someone enjoys the freedom of expression, he or she still needs to follow certain rules. If someone breaks the rules, he or she no longer enjoys the freedom of expression. The special duties and responsibilities that is need to bear is: i) To respect the rights or reputations of others. For example, if someone (named Mr. A) made some speech to slander someone else (named Mr. B), Mr. A is no longer protected by the freedom of expression. So if a law prohibits people from using any acts to defame or hurt the other’s right, the law is not violating the freedom of expression of people. For example, if there is a law that punishes people for slandering others, the law doesn’t violate the freedom of expression. Though it makes people cannot talk freely, it gives no restriction to people’s freedom of expression as it only punishes people who defames others’ reputation. So there is no contradiction between the law and the freedom of speech. This is because the person who is defaming the other is no longer protected by the freedom of expression, the punishment and law is then valid. ii) To protect the national security or the public order, or the public health or morals. For example, if someone’s speech caused chaos in the society or harmed the national security, that person is longer protected by the freedom of speech. So if a law punishes someone that spreads speeches that will cause social disorder, the law does not violate the freedom of expression. This is because people enjoying the freedom of expression must follow the rule, that it is the act does not violate the protection of national security, the public order, the public health or morals. So the law does not have any contradiction with the freedom of expression, but just a punishment to people that harms the society by using irresponsible expression act. For example, at the April Fool’s Day in 2003, a 14-year old teenager spread fake news that HK is in an emergency state due to SARS. Anyone that leaves their living place may receive a punishment of 10 years imprisonment and a fine of $500,000. The teenager is then arrested and prosecuted by the government. This teenager’s act is not protected by the freedom of expression, so the prosecution and the law sued on him is valid and is not contradicting the freedom of expression. But if there is a particular law restricts people to express themselves, and the act follows the rules and responsibility stated above, the court then may decide that the particular law is against the freedom of expression as provided by the Basic Law. To be clearer, let us say that a particular law restricts people from doing a certain act. The act shows no intention to defame or restrain the rights of others. Also, the act does not disrupt the national security or the public order, or the public health or morals. The court then may decide that the particular law is against the freedom of expression, as the person is supposed to have the right to do the act due to freedom of expression. As a result, if a particular law does not allow someone to do something that is supposed to be...
...The first amendment of the Bill of Rights to the constitution guarantees four freedoms: freedom of religion, speech, press and assembly. The Bill of Rights was passed on December 15, 1791. Since then, the freedoms have been debated, discussed, and fought and died for. Many have immigrated to America to receive those freedoms. The Founding Fathers knew what they were doing because they believed in power of ideas and debate, not censorship. The first amendment to the constitution is important because it prohibits congress from establishing an official religion in the U.S., gives Americans the freedom to say what is on their minds, and gives the right to petition and assemble peacefully.
The First Amendment of the Constitution of the United States gives every individual the same rights. One right is the constitutional protection for the free exercise of religion. The second right is prohibition of the establishment of religion by the state. The founders of the constitution recognized the freedom of religion as an important factor in establishing a democracy. They also recognized a space of freedom between the government and the people, whereby the government could not force an individual or group to do something they did not want to do. The government is not upholding...
...FREEDOM OF EXPRESSION
‘Freedom of expression’ is an amalgamation of several concepts and rights that includes freedom of speech and choice of what a person is allowed to say, do, hear, feel or express. If we break down the words and analyse them from their core, the simple meaning according to various dictionaries of freedom is ‘the power to determine action without restraint’ or ‘exemption from external control, interference, regulation, etc’ this implies that freedom is liberty without constraints, whereas expression is nothing but the act of putting forth things in words or describing or expressing current emotions through multiple means at different levels, for example spiritual, mental, physical or social.
Since we are discussing ‘Freedom of expression’ in regard to social media and in specifics to social networking websites like Facebook and Wikileaks who assimilate multimillion threads of information and personal data every day, what they do with it and how it can affect various functional groups in the society like the (3 tier spread):
Freedom of speech is not generally seen as an absolute right, but a prudential right. An absolute right is a right that cannot be interfered of overridden,...
...BILL OF RIGHTS: 1ST AMENDMENT
The Bill of Rights : it is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.
The First Amendment (Amendment I) :
Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state. This was done through the Due Process Clause of the Fourteenth Amendment, by what is called the Incorporation Doctrine. The Court has also recognized a series of exceptions to provisions protecting the freedom of speech.
Text: “ 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.”
* Establishment of religion
* Free exercise of religion
* Freedom of speech : speech critical to the government, political speech ( anonymous speech, campaign finance, flag desecration, free speech zones), commercial...
...TITLE : Freedom of Expression in Malaysia & Indonesia
DUE DATE : 11th November 2014
LECTURER : Ong Tze Chin
SESSION : August 2014
GROUP MEMBERS : Shane Shukri J14014887
Nigel Loo J12011374
Aniss Amyra J14014152
Shalini Kaishnair J14014707
Gouthaam Vijayan J14014862
Table of Content
Malaysia’s Post General Election Rally 5
Freedom Of Expression within Indonesia 6
Malaysia Film Censorship 7
Indonesia Film Censorship 8
Indonesia’s May Day Rally 9-10
Florence Shihombing Case 10-11
Cowhead Protest 12-13
...Freedom of Expression:
All people in the United States are guaranteed this right by the Constitution. Students, however, do not have this right to the same extent as adults. This is because public schools are required to protect all students at the school. The major aspects of this right are speech and dress. Both the right to speech and dress are not absolute in public high schools. According to the American Civil Liberties Union: "You (students) have a right to express your opinions as long as you do so in a way that doesn't 'materially and substantially' dirsupt classes or other school activities. If you hold a protest on the school steps and block the entrance to the building, school officials can stop you. They can probably also stop you from using language they think is 'vulgar or indecent'("Ask Sybil Libert" ACLU 1998). Public schools can also restrict student dress. In 1987 in Harper v. Edgewood Board of Education the court upheld "a dress regulation that required students to 'dress in conformity wit hthe accepted standards of the community'"(Whalen 72). This means that schools can restrict clothing with vulgarities and such, but they cannot restrict religious clothing: "School officials must accommodate
student's religious beliefs by permitting the wearing of religious clothing when such clothing must be worn during the school day as a...
...Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The freedom of speech is regarded as the first condition of liberty. Accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. The freedom of expression includes all forms of art including cartoon, media-print and electronic etc.. The freedom of speech and expression do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian Constitution enables the legislature to impose certain restrictions on free speech such as security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to an offence, and sovereignty and integrity of India. Freedom of speech and expression are guaranteed not only by the constitution or statutes of various states but also by various international conventions like Universal Declaration of...
...but not in the mercantile economy, opposed the ratification of the constitution. The two sides, after much debate, were able to come to a compromise after the Bill of Rights was included into the Constitution.
When the new Constitution was drafted, the ratification, the official approval by the people of the United States, sparked a national debate. People were shocked by the radical changes it proposed; they expected the convention to merely amend theArticles of Confederation. They were afraid of regressing back into a state under tyranny, a form of rule where a single or small group reigns with vast or absolute power. Americans had just fought for their freedom from the tyrannical rule of the king of England. All their efforts and revolutionary ideas would have gone to waste.
Supporters of the Constitution called themselves Federalists, a name referring to a balance of power between the states and the national government. They argued for a federal system as in the Constitution. James Madison claimed that the Constitution was less dangerous that it looked because the separation of powers protected people from tyrannical abuse. The Federalists compile a group of essays, known as The Federalist Papers. In No. 51, Madison insisted that the division of powers and they system of checks an balances would protect Americans from the tyranny of centralized authority. He wrote that opposite motives...
...Freedom of expression in the Philippines
By: ALDRIN C. BROSAS
“Give me the liberty to know, to utter, and to argue freely
according to conscience, above all liberties. – JOHN MILTON
ndividual freedom and collective expression in the Philippines, I’d say, is the most exercised and an
unmistakable sign of this country’s democracy. Our individual rights and freedoms, the most basic, the
essential to the complex and critical ones define our identity as Filipinos, and the basic extension of our
humanity. That need to express, to communicate, and to reach out to one another without the fear of judgment
or even criminal prosecution. We have the freest press, the most uncensored and unrestricted provisions on
our freedom to express ourselves, to seek other people’s take on relevant issues and sometimes just so, because
we want to and because we can. And when these are stripped of us, we resist. We react, and to some extent
violently and rebelliously just so we can send that fierce message that as a democratic country, with the
collective freedoms and rights declared in our charter, no one has the right to deny us of those rights and
But sometimes, too much freedom can mean abuse of freedom. And restrictions or not, these freedoms