Problems with Limiting Freedom of Speech free essay sample

The following report was requested on behalf of the Communications department situated within and will be conducted by . The report shall concentrate on and investigate what problems would arise if freedom of speech was limited. It will be submitted by 18/10/2012. 2. Findings 2. 1 Who decides on the limitations of freedom of speech? The concept of Freedom of speech is one which is held sovereign by many constitutions and individuals, especially within the American states. The idea of limiting an American citizen’s freedom of speech would be highly offensive and seen as an act only a dictatorial Government would undertake which, with many factors considered, is true. The actions that in many cases are considered by these Governments are; Threats of imprisonments if the individual acts in an unfavourable way, prohibition of political parties and protests, also a very common limitation undertook within many places, such as Korea, is the censorship of the media and the killing or imprisonment of Journalists who have took part in media considered offensive to the current Government or acts which are seen as manipulating the minds of the citizens of said Country. We will write a custom essay sample on Problems with Limiting Freedom of Speech or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It has also been witnessed under Democratic Governments in places such as the UK. Although this governments main priority are human rights and equality they have in many cases limited freedom of speech, although in a more positive light than done by Dictatorial Governments. The limitations within this doctrine would be, imprisonment following – hate speech, causing physical or strong emotional pain to another, racism or bigotry. All the above limitations are decided by a government, regardless of their stance on human rights. But in day-to-day life we are restricted by our peers, perhaps in school or work. When we consider individuals beliefs, faith or race the typical individual would conform to their surroundings, ensuring they do not say anything or act in a way as to offend their fellow workmate/student or friend. This in itself is limitations on our own freedom of speech caused by ourselves, regardless of the policies our Government holds. 2. 2 Example of a country where freedom of speech has been limited and the ‘Chilling-Effect’ ‘Chilling-Effect’ is a law that surrounds many factors within constitutional life, but most importantly the right to Freedom of speech. The concept of the Chilling effect is that when a law is passed it causes ‘ripples’ within society. For example, a former Dutch MP and critic of Islamist views against women, Ayaan Hirsi Ali became a ‘marked’ woman for exercising her right to freedom of speech. Because of her beliefs the Islamic community have issued a ‘fatwa’ (juristic ruling issued by an Islamic Scholar) asking for her to be killed. Due to this ‘fatwa’ the neighbouring individuals ordered a court hearing for her to be evicted due to her security concerns becoming a ‘nuisance’ and interrupting their daily life. Due to this event many people will think twice about standing on a ‘soap box’ to voice their opinions surrounding this religion and subject thus resulting in a ‘social ripple’, a Chilling-effect. 2. 3 Attempts of limiting freedom of speech 2. 31 The Cuban Constitution The Cuban constitution is considered one of the most restricted constitutions in the world. The only concept of the freedom of speech (and media) that is held has to be abided by in accordance to the Socialist society. Citizens residing within the nation are restricted to do the most basic tasks which most individuals residing in a country with a fair policy on Freedom of speech would be highly shocked by. These include, sending your children to any religious schools – as all schools within Cuba are non-religious, travelling abroad being without Government permission, changing jobs or residence without government permission, visiting or staying in tourist hotels, restaurants, and resorts is prohibited and choosing a hospital is also prohibited, as these are assigned to you by the Government. The freedom of press within Cuba is also highly restricted, as are the media material available to individuals, e. g. people within the nation must not access the internet unless permitted by the Government – this in itself is rare are the government are in high control over the internet and only 1. 67% of the population have that ‘luxury’, receive any publication from abroad and if an individual decides to do so they can be punished under one of the many ridiculously strict jail terms within their constitution and they are also unable to listen to foreign radio broadcasts. The result in Cuba restricting freedom of speech to such a high standard is the population within prisons are soared to an imaginable number, meaning less space for the more serious criminals as most of the cells are occupied by Journalists. 3. Conclusion It can be concluded that, by investigating the many factors of the concept of freedom of speech, it should not be limited. Of course, it is considered that many individuals or political bodies take advantage of the constitutional law, but because of the law they are punished accordingly. If freedom of speech was not limited in the Islamic culture, Ayaan Hirsi Ali would have been able to discuss her criticisms publically and perhaps led the Islamic culture to a new height, but because of the limitations she was almost executed turning her moral argument into a distasteful, ignorant rant. Also nations such as Cuba would have a more effective and efficient Government taking into account the safety and security of the individuals and more serious crimes, spending less money on jail terms on things considered ‘offensive to their policies.