masterstoy91's blog post - Freedom of Speech: part 2

Wednesday, August 10, 2016, 5:45:22 PM
what does the freedom of speech really mean? well it depends. depends on what? where you live, in the USA it is different than it is in the UK or Canada or Australia.
The Freedom of Speech in the USA is a core tenant of the founding of the country. An inalienable right that all men {I will take a moment to point out in this context men, means mankind} are born with. So inalienable that it is the first amendment of our bill of rights. This is something that many people even in the US do not fully understand. Yes it does mean that people can say mean, hurtful, and racist things. This also means that organizations in the US racist and stupid ones along with religious and ideological ones get to speak no matter if others disagree.
Now in other countries they may have similar laws or rights, but similar does not mean the same. Canada for example allows for the government to pass laws limiting free expression. There are even those who would say that Canada censors its media as well. There are several articles around the internet that discuss the differences specifically between the Canadian and and American Freedom of Speech. Like this one from Duke University [http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4120&context=lcp]
Now we have the UK and where the Freedom of Speech is a Fundamental Right [http://www.civilrightsmovement.co.uk/right-freedom-speech.html] however Freedom of speech and expression are not absolute rights; this means that there are exceptions to these fundamental rights. This also means making comments that others feel are specifically designed to incite racial hatred can be deemed to be a hate crime. Anyone who is found committing this offence can be charged in a criminal court. So while they are Fundamental rights they are not actually guarantied rights.
Now The Australian Constitution does not expressly protect freedom of speech or expression either. In 1992, however, the High Court of Australia held that a right to freedom of expression, in so far as public and political discussion were concerned, was implied in the Constitution.
BUT
The it does not extend more generally to a right to freedom of expression where political issues are not involved.

This is where the US differs from The UK, Canada, and Australia in the idea of a Fundamental right such as Freedom of Speech, the US Supreme Court has ruled that Hate Speech is protected by the First Amendment which guaranties the Freedom of Speech. Now before you get all upset or defensive and start saying hate is hate, how can a country claim to give an inalienable or fundamental right like Freedom of Speech and then limit what you can say?

Comments

Others Have Said: 
ilovepussy on 10-Aug-16 17:53:54
Very well said. I have nothing to add. You said it all!!!

miss_molly on 11-Aug-16 2:30:23
I also have nothing to add to a well written blog

masterstoy91 on 11-Aug-16 2:39:06
Thanks I just wanted to try and give a reason for why on a site like this there are so many similar yet different views on what constitutes free speech. as I said in last blog the site has rules but on the streets of America as long as you are not trying to incite violence I will gladly defend anyone's right to be an asshole. But they must also understand other have that same right...

zeebop on 24-Nov-16 10:13:04
What I dislike about restrictions on "hate speech" is that they can be used to suppress books like The Bell Curve. The Bell Curve is a depressing book, but it has legitimate policy implications.

lip2lip on 5-Apr-20 1:12:47
Nice read, interesting read, speech is a freedom, but whats said needs to be verified otherwise its slander. So in essence speech although its free, doesn't mean its right in any language judicially politically or even philosophically.

But decent read