Protected Expression
Common Misconceptions About Freedom of Speech
A gentle reminder for all those complaining about censorship
Full disclosure, when I was studying for my degree in human rights law, free speech — and its broader cousin, freedom of expression — isn’t something I spent that much time on. The whole thing seemed pretty straightforward. It could be summarized as:
You can’t be punished for your thoughts and how you express them; terms and conditions apply.
To keep things simple, here’s how those terms and conditions are defined under international law (ICCPR article 19 paragraph 3, for the nerds):
[…]It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Granted, “protection of public order” sounds pretty Orwellian, and some governments have a questionable interpretation of morality. We could have a long legal and ethical debate about where to draw the line for each of these limitations, but that would be going a bit too far. Spend a hot…