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El Salvador 🖉 edit

Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador reads: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."

References:

English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzsv0002&id=14&men_tab=srchresults

Equatorial Guinea 🖉 edit

Equatorial Guinea were granted their independence from Spanish rule in 1968 which led to the enactment of the Equatorial Guinea Constitution. Title I, Article 3 of the 1968 constitution expressly recognizes and guarantees all rights outlined in the 1948 Universal Declaration of Human Rights. The Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?men_tab=srchresults&handle=hein.cow/text gu0001&id=18&size=2&collection=cow&terms=libertades&termtype=phrase&set_as_cursor=.

Eritrea 🖉 edit

The 1997 constitution of Eritrea brought with it freedom of expression.

Estonia 🖉 edit

The country of Estonia has had three separate governing constitutions, the first of which was enacted in 1920. Section II, Article 13 of the Constitution of the Republic of Estonia declares that “In Esthonia there is freedom for the expression of personal ideas in words, print, letters, pictures and sculpture. This freedom can be restricted only in the defense of the State and morals. There is no censorship in Esthonia.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/zzee0004&id=2&men_tab=srchresults.

“Constitution of Estonia.” 2024. Wikipedia. April 25, 2024. https://en.wikipedia.org/wiki/Constitution_of_Estonia#cite_note-5.

https://www.eesti.ee/en/republic-of-estonia/human-rights/freedom-of-speech-and-religion

Eswatini 🖉 edit

Eswatini has been considered an independent country since 1968 but the earliest assertion of the right to freedom of expression is presented in the Constitution of the Kingdom of Swaziland Act 2005. In Article 14, Chapter III secures the “freedom of conscience, of expression and of peaceful assembly and association and of movement.”

Sources:

“Eswatini 2005 Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Swaziland_2005.

Ethiopia 🖉 edit

Chapter III, Article 41 of the 1955 Revised Constitution of the Empire of Ethiopia states: "Art. 41. Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law."

References:

1955 Revised Constitution of the Empire of Ethiopia: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nations. The Hague, M. Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=192&men_tab=srchresults

Federated States of Micronesia 🖉 edit

Freedom of expression is protected in Micronesia by Article IV, Section 1 of the 1978 Constitution as Amended in 1990.

References:

1978 Constitution as Amended in 1990: Article IV: Declaration of Rights," Constitution of the Federated States of Micronesia, 1978 : [3]-[4] https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmf0001&id=3&men_tab=srchresults

Fiji 🖉 edit

Freedom of expression was first protected by Article II, Section 3 of the 1970 constitution of Fiji.

References:

1970 Constitution of Fiji: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=136&men_tab=srchresults

Finland 🖉 edit

According to Article 10 of the 1919 Form of Government, Finland protects the freedom of speech and the freedom to publish without restraint, although it does not explicitly state the freedom of expression. The 1999/2000 Constitution grants freedom of expression to all Finnish citizens, including “the right to express, disseminate, and receive information, opinions, and other communications without prior prevention by anyone.” There are limits to this freedom, such as to protect children or classified cases.

References English translation of the French official translation of the original text of the Constitution of 17 July 1919. 469 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfi0005&id=2&collection=cow&index=

English translation Finnish original official text of the Constitution of 1999/2000. 3 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfi0015&id=3&men_tab=srchresults

France 🖉 edit

France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.

References:

English translation of the French original text of the Declaration of 1789, 2 (2010) Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults

English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults

English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index=

Gabon 🖉 edit

Following independence from France, Gabon’s 1959 Constitution did not explicitly grant freedom of expression. The 2nd Republic’s 1961 Constitution drew ideas from the 1789 Declaration of the Rights of Man and of the Citizen and from the 1948 Universal Declaration Of the Rights of Man. It added, “Everyone has the right to the free development of his personality, within the limits of respect for the rights of others and for the public order.” Moreover, the 3rd Republic’s 1991 Constitution expanded upon this conception of the freedom of expression to include “the freedom of conscience, of thought, of opinion, of expression, of communication, the free practice of religion,” based on the 1981 African Charter of the Rights of Man and of Peoples and the 1990 National Charter of Freedoms.

References:

English Translation of the French Official Original Text of the Constitution of 1959, 3 (2022) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0042&id=3&collection=cow&index=

English translation of the French original text of the Constitution of 1961, 194 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0032&collection=cow

English Translation of the French Original Text of the Constitution of 1991, 3 (2022) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzga0054&id=3&men_tab=srchresults

Georgia 🖉 edit

The Constitution of the Democratic Republic of Georgia of 1921 protected freedom of expression, and the redrafted version of this constitution is still in place today. Article 19 of the 1995 Georgia Constitution grants freedom of expression to all individuals. It also stipulates that no one may be forced to express certain beliefs. Article 16 broadens this conceptualization of expression by postulating that “everyone has the right to free personal development.”

References:

English Translation of the Georgian Original Text of the Constitution of 1995, 3 (1995) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzge0021&id=3&men_tab=srchresults

Germany 🖉 edit

Article 4of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of expression.

Article 118 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guaranteed freedom of expression.

References:

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Ghana 🖉 edit

Article 22 of the 1969 Constitution grants freedom of expression. It also requires press mediums to provide equal opportunities for opposing views. The 1979 Constitution confirms this right and prohibits censorship. Ghana’s current Constitution from 1992 groups freedom of expression, press, and speech together.

References:

English original text of the Constitution of 1969, 22 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0024&id=38&men_tab=srchresults

English original text of the Constitution of 1979 as scheduled to the Order 29 (2010) Liberty https://heinonline.org/HOL/Page?handle=hein.cow/zzgh0003&id=42&collection=cow&index=

English original text of the Constitution of 1992 as scheduled to the Promulgation Law, 23 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0001&id=53&men_tab=srchresults

Greece 🖉 edit

The 10th Article of the 1844 Greek Constitution cedes the right to free verbal and written expression. Notably, it restricts access to the position of newspaper editor to only Greek citizens. This designation is not changed until the 1975 Constitution of Greece designates free expression in Article 14, except in the cases of attempts to overthrow the government, criticize the President, or make offensive remarks against Christianity or another religion.

References:

English translation of the Greek original text of the Constitution of 1844, 6 (1844) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0044&id=6&men_tab=srchresults

English translation of the Greek original text of the Constitution of 1975, 14 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0016&id=12&men_tab=srchresults

Grenada 🖉 edit

Grenada’s 1973 Constitution declares the freedom of expression in its first Article. It groups freedom of expression with freedom of conscience, assembly, and association. This version of the Constitution was reinstated in 1991 and revised in 1992.

References:

English original text of the Constitution of 1973 as scheduled to the Order 6 (1973) https://heinonline.org/HOL/Page?handle=hein.cow/zzgd0001&id=6&collection=cow&index=

https://pdba.georgetown.edu/Constitutions/Grenada/gren73eng.html#mozTocId391068

Guatemala 🖉 edit

The 1823 Constitutional Bases mentioned freedom of thought, which was officially installed as a right in the 1825 First Constitution the State of Guatemala in Article 25. The pattern of short, turbulent regimes during the 20th century manifested in numerous constitutions, all of which guaranteed freedom of expression and opinion. Most recently, the Political Constitution of the Republic of Guatemala from 1985/86 grants freedom of expression “through any means of dissemination, without censorship or prior permission.”

References:

English translation of the Spanish original text of the fundamental law of 1823, 114 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0103&id=4&men_tab=srchresults

English translation of the Spanish orignal text of the Constitution of 1825, 117 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzgt0100&id=2&collection=cow&index=

English Translation of the Spanish Original Text of the Constitution of 1985/86, 10 (1986) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0106&id=10&men_tab=srchresults

Guinea 🖉 edit

The 1958 Constitution of the First Republic of Ghana does not explicitly protect freedom of expression, but lays the groundwork for freedom of speech in Article 40. The seventh Article in the constitution of the Third Republic, crafted in 1990, dictates that everyone is “free to express, to manifest and to diffuse” ideas. The most recent 2020 Constitution guarantees freedom of expression and of opinion in Article 10.

References:

Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=251&men_tab=srchresults

English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index=

English Translation Based on a Transcription of Decree D/2020/073/PRG/SGG of 6 April 2020, as Published in the Journal Officiel de la Republique de Guinee of 14 April 2020, Provided by the Web Portal for the Law of Guinea [GuiLaw], 6 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgn0019&id=6&men_tab=srchresults

Guinea-Bissau 🖉 edit

Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. The 1984 version, amended in 1993, individually grants freedom of expression in Article 51.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

English Translation of the Portuguese Original Text of the Constitution of 1984 as Amended by Constitutional Law No. 1/95 of 1 December 1995 and Constitutional Law No. 1/96 of 16 December 1996, 13 (2023) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgw0008&id=13&men_tab=srchresults

Guyana 🖉 edit

Following its declaration of independence from the British Empire, the government of Guyana published the 1966 Constitution, which permits freedom of expression in Article 3. This right was further protected in Article 40 of the 1980 Constitution of the Co-operative Republic of Guyana, which is still held today.

References:

English text of the Constitution of 1966, 630 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgy0002&id=2&men_tab=srchresults

English text of the Constitution of 1980, 26 (2011) https://heinonline.org/HOL/Page?handle=hein.cow/zzgy0004&id=26&collection=cow&index=

Haiti 🖉 edit

Haiti’s establishment of independence from France following the Haitian Revolution manifested in the 1806 Constitution. Revised in 1816, the Constitution stated, “No one can be hindered from telling, writing or publishing his opinions.” This tradition continued through the 19th and 20th century, with the 1987 Constitution of the Republic of Haiti stating that all Haitains have the right to express opinions, and censorship is only allowed in times of war. Following the regime changes in the 2020s, there are circulating Draft Constitutions of the Independent Advisory Committee.

References:

English Translation of the French Text of the Constitution of 1806, as Amended to 1816, 64 (2014) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0060&id=3&men_tab=srchresults

English original text of the Constitution of 1987, 8 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0028&id=9&men_tab=srchresults

Honduras 🖉 edit

Honduras first protected freedom of expression in Article 99 of the 1848 Constitution. Notably, it granted this right to both citizens and inhabitants. The 1865 Constitution continued to protect this right, but added the stipulation that “writing injurious to particular persons cannot be published unless subscribed by the author, and with the publication of his name.” Article 85 of the constitution written in 1965 cements the freedom of expression. In 1969 Honduras signed the American Convention on Human Rights, which asserted freedom of expression.

References:

English translation of the Spanish original text of the Constitution of 1848, 1103 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0003&id=18&men_tab=srchresults

English translation of the Spanish original text of the Constitution of 1865, 303 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0004&id=17&men_tab=srchresults

Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0004&id=861&men_tab=srchresults

“Basic Documents - American Declaration - Cidh.oas.org.” 2022. Accessed October 31. https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm.

Hungary 🖉 edit

Hungary’s declaration of independence in 1791 included freedom of expression through the press in Article 1 of Law 18. During its time as a Communist nation, it granted freedom of press, speech, and assembly — but not explicitly expression. The current Fundamental Law of Hungary guarantees freedom of expression in Article 9.

References:

Herbert F. Wright. Constitutions of the States at War 1914-1918 (1919). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=41&men_tab=srchresults

English translation of the Hungarian original text of the Constitution of 1949, 669 (2013) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

English translation of the Hungarian original text of the Constitution of 2011, 8 (2012) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0016&id=9&men_tab=srchresults

Iceland 🖉 edit

The 54th Article of the 1874 Constitutional Law for the Special Affairs of Iceland guaranteed freedom of opinion in print. Interestingly, it also stipulated that no restrictive measures or attempts at censorship “can ever be introduced.” Thus, the 1944 Constitution of the Republic of Iceland still protects this freedom and restricts attempts to undo it.

References:

British and Foreign State Papers (1873-1874). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0065&id=1005&men_tab=srchresults

British and Foreign State Papers (1943-1945). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0145&id=614&men_tab=srchresults

India 🖉 edit

The Constitution of India Bill (also referred to as the Swaraj Bill) codified in 1895 was the first to protect freedom of expression.

Following independence from Britain, India created its draft constitution in 1948, which was the first document to grant Indians freedom of speech and expression. This right was reaffirmed in the 1949/50 Constitution.

References:

“Constitution of India.” 2015. CAD. June. https://www.constitutionofindia.net/historical_constitutions/the_constitution_of_india_bill__unknown__1895__1st%20January%201895#:~:text=The%20Constitution%20of%20India%20Bill%201895%2C%20also%20referred%20to%20as,albeit%20within%20the%20British%20Empire.

English original text of the Draft Constitution of 1948, 652 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0011&id=4&men_tab=srchresults

English original text of the Constitution of 1949, 39 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0012&id=6&men_tab=srchresults

Indonesia 🖉 edit

The 1964 Provisional Constitution of the Republic of Indonesia guaranteed freedom of expression to all in Article 19.

References:

R.; Jones Supomo, Garth N., Translator. Provisional Constitution of the Republic of Indonesia (1964) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/proconindo0001&id=29&men_tab=srchresults

Iran 🖉 edit

Article 18 of the Supplementary Constitutional Law of 7 October 1907 reads: "The acquisition and study of arts, letters and sciences is free, except in so far as they are forbidden by the Sheri." Article 20 of the same document states: "All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them."

References:

Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#

Iraq 🖉 edit

Article 12 of Iraq’s 1925 Constitution protected freedom of expression: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.

Article 38 of the 2005 Iraq Constitution states that "The State shall guarantee in a way that does not violate public order and morality ... [f]reedom of expression using all means"

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

https://www.constituteproject.org/constitution/Iraq_2005

Israel 🖉 edit

Israel is one of the few countries in the world that lacks an official written constitution. Multiple attempts have been made as early as 1948 but none have successfully drafted and implemented a formal constitution. Instead, Israeli leaders enacted several pieces of legislation known as the Basic Laws, or Knessets, eleven of which have passed. This has led to multiple changes in “constitutional” legislature from the first Knesset in 1958 to the final two Basic Laws enacted in 1992. Interestingly enough, the Basic Laws that were typically considered to hold constitutional weight, weren’t formally entrenched as laws that supersede common legislature until 1995(2020).

Under these Basic Laws, there is no official guarantee of the protection of freedom of expression. Instead, the Israeli Supreme Court has largely dictated the extent of the right to freedom of expression (Levush, 2019). In Alan Levi And Yaheli Amit v. Southern District Police Commander (1984), the Supreme Court ruled that “The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.”

However, there are limitations on the freedom of expression should any acts of expression “that constitutes incitement for racism, terrorism and violence; outrage to religious feelings; publication of false news causing fear and alarm; as well as expression of denial of the holocaust and praise for atrocities committed by the Nazis.” (Levush, 2019) Insults to public servants are also punishable by law and result in imprisonment for six months. Furthermore, it is expected that courts balance competing interests when discerning the extent to which the freedom of expression encroaches on other rights that embody the Israeli state(Levush, 2019).

Sources:

2020. Knesset.gov.il. 2020. https://knesset.gov.il/constitution/ConstIntro_eng.htm.

Levush, Ruth. 2019. “Limits on Freedom of Expression.” Maint.loc.gov. June 1, 2019. https://maint.loc.gov/law/help/freedom-expression/israel.php.

“Israel 1958 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Israel_2013.

Alevi, Alan, Yaheli Amit, Alan Levi, and D Levin. n.d. “393 Police Ordinance (New Version), 1971, Sections 83, 84 Press Ordinance.” Southern District Police Commander 1 P.D 38, no. 2: 1214. Accessed June 7, 2024. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Levi%20v.%2 Southern%20District%20Police%20Commander_0.pdf.

Italy 🖉 edit

Italy first ratified the Constitution of the Italian Republic in 1947 and it was officially law on January 1, 1948. Article 2 expressly guarantees inviolable rights, including freedom of expression, to any person “both as an individual and in the social groups where human personality is expressed.” Article 21 addresses the freedom of expression in the first line, “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication,” and includes the right for the press to be protected from authorisation and censorship. Article 21 also includes certain limitations of freedom of expression deeming “Publications, performances, and other exhibits offensive to public morality shall be prohibited,” and that measures to ensure this prohibition “shall be established by law.”

Sources:

“Italy 1947 (Rev. 2012) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Italy_2012.

Ivory Coast 🖉 edit

According to the Preamble of the 1960 Constitution of the Republic of Cote d'Ivoire, "The People of Cote d'Ivoire proclaim their adherence to the principles of Democracy and of the Rights of Man, as they have been defined by the Declaration of the Rights of Man and of the Citizen of 1789, by the Universal Declaration of 1948, and as they are guaranteed by this Constitution." Articles 9 & 10 of the 2000 Constitution of the Republic of Cote d'Ivoire was more definitive. Article 9 held that: "The freedom of thought and of expression, notably the freedom of conscience, of religious or philosophical opinion are guaranteed to all, under reserve of respect of the law, of the rights of others, of the national security and of the public order." Article 10 was both explicit about freedom of expression: "Each has the right to express and to freely disseminate their ideas. All propaganda having for [its] object or for [its] effect to make one social group prevail over another, or to encourage racial or religious hatred is prohibited." This last prohibition on propaganda intended to divide groups with the society was very similar to a like prohibition in the 1960 Constitution.

References:

English translation of the French original text of the Constitution of 1960 Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4.

English translation of the French original text of the Constitution of 2000. "Chapter I: Of the Freedoms and of the Rights," Constitution of the Republic of Cote d'Ivoire 1 August 2000 (2000): 3-5

Jamaica 🖉 edit

Article 22 of the 1960 Jamaica Constitution protects freedom of expression.

References:

English original text of the Constitution of 1962 820 (2011) Chapter III: Fundamental Rights and Freedoms: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzjm0004&id=15&men_tab=srchresults

Japan 🖉 edit

Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."

Article 21 of Japan's 1947 Constitution guaranteed the right more broadly: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

Jordan 🖉 edit

Jordan has had a single constitution for almost the entirety of their independence. The Constitution of the Hashemite Kingdom of Jordan was enacted in 1952 and in article 15 of Chapter 2 it states “The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.”

Sources:

“Jordan 1952 (Rev. 2016) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Jordan_2016.

Kazakhstan 🖉 edit

Article 10 of the 1993 Kazakhstan Constitution states: "A citizen of the Republic shall have the right to freedom of speech, creed and their free expression. Nobody can be forced to express his views or be persecuted for having convictions."

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111

Kenya 🖉 edit

Freedom of expression is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 23(1): "Except with his own consent, no. person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence."

Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of expression: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, pre- venting the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or (c) that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

The language found in Articles 14(b) and 23(1) of the 1963 Constitutions is repeated in Articles 70 and 79(1) of the the 1969 Constitution. The language from 23(2) of the 1963 Constitution is also repeated in Article 79(2) of the 1969 Constitution, but further points are added to Article 79(2) of the 1969 Constitution.

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1

Kingdom of the Netherlands 🖉 edit

The Kingdom of the Netherlands gained its independence in 1813 and established their constitution in 1814. Article 7, Chapter 1 of the Constitution of the Kingdom of the Netherlands describes freedom of expression, No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals. The preceding paragraphs do not apply to commercial advertising.”

Sources:

“Netherlands 1814 (Rev. 2008) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Netherlands_2008.

Kiribati 🖉 edit

Kiribati gained its independence in 1979 which led to the creation of the Constitution of Kiribati that same year. Chapter II guarantees the protection of different fundamental rights and freedoms with the “freedom of conscience, of expression and of assembly and association” being listed as the second line of fundamental rights.

Sources:

“Kiribati 1979 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Kiribati_2013.

Kuwait 🖉 edit

Kuwait’s 1962 Constitution grants “freedom of opinion and scientific research” in Article 36. Prior Orders of Council did not explicitly grant these freedoms.

References:

English original text of the Constitution of 1962, 13 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkw0002&id=13&men_tab=srchresults

Kyrgyzstan 🖉 edit

According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to free expression and dissemination of one's thoughts, ideas, opinions." Freedom of expression continues to be protected with Article 32 of the 2021 Constitution. However, it does prohibit “propaganda of national, racial, religious hatred, gender and other social superiority.”

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

English Translation of the Constitution of 2021, Adopted by the Referendum of 11 April 2021, 9 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkg0041&id=9&men_tab=srchresults

Laos 🖉 edit

The 1991 Constitution of the Lao People’s Democratic Republic does not formally protect freedom of expression, but does grant the right to free speech and press in Article 31. This freedom was not stated in the original 1947 Constitution.

References:

Constitution of the Lao People’s Democratic Republic, 40 (1991).

Latvia 🖉 edit

The earliest modern legal assertion of freedom of expression in Latvia can be traced to the amendments made in October 1998 to its Constitution (the Satversme), which was originally adopted in 1922 and reinstated on August 21, 1991, following Latvia's independence from Soviet control.

These 1998 amendments formally incorporated human rights protections, including freedom of expression, which were previously safeguarded under an interim Constitutional Law. Article 100 of the 1998 states: "Everyone has the right to freedom of expression, which includes the right to freely receive, keep, produce and disseminate information and to express his or her views. Censorship is prohibited."

References:

Jānis Pleps, "The Constitution of the Republic of Latvia: History and Modern Days," (Riga: University of Latvia, 2016), URL: https://tzpi.lu.lv/files/2016/05/Satversme_Pleps_angliski.pdf

"Constitution of Latvia," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Latvia_2016

"Constitution of the Republic of Latvia." Saeima of the Republic of Latvia. Accessed June 5, 2024. https://www.saeima.lv/LapasEnglish/Constitution_Visa.htm#:~:text=100.,Censorship%20is%20prohibited

Lebanon 🖉 edit

The right to freedom of expression in Lebanon was initially asserted in the Lebanese Constitution adopted on May 23,1926, during the French Mandate following the dissolution of the Ottoman Empire after WWI. It continued to serve as the basis for the protection of civil liberties in the country post-independence (1943).

Article 13 of the 1926 Lebanese Constitution states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law.”

References:

"Lebanon 1926 (rev. 2004)," Constitute Project, accessed June 7, 2024, https://www.constituteproject.org/constitution/Lebanon_2004

Lesotho 🖉 edit

Freedom of expression was asserted in the 1966 Lesotho Constitution, as well as in the 2010 Lesotho Constitution.

References:

1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.

1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018.

Liberia 🖉 edit

Article 15 of Liberia’s 1847 Constitution first protected freedom of the press, but did not speak to other elements of freedom of expression. Article 15 of the 1984 Liberia Constitution outlines the right to freedom of expression. Article 15(a) defines the scope of the right: "Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution." Article 15(b) outlines the content of the right: "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent."

References:

1847 Constitution of Liberia: https://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf

1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults

Libya 🖉 edit

The concept of freedom of expression in Libya was formally recognized in the Constitutional Proclamation of 1969 following the coup that brought Muammar Gaddafi to power. Article 13 of the proclamation states: “Freedom of opinion is guaranteed within the limits of public interest and the principles of the Revolution.”

The Constitutional Declaration of 2011, following the fall of Gaddafi, more clearly and robustly asserts the right to freedom of expression. Article 14 of this declaration states: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute.” The declaration also guarantees the freedom to form political parties and civil societies, regulated by law (Article 15).

References:

"Libyan Constitution 1969," ConstitutionNet, accessed June 11, 2024, https://constitutionnet.org/sites/default/files/1969_-_libyan_constitution_english.pdf

"Libyan Constitution 2011," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Libya_2011.

Liechtenstein 🖉 edit

Freedom of expression in Liechtenstein “ in writing, in print or graphically” was specified in Article 40 of the 1921 Constitution of the Principality of Liechtenstein, granting it “within the limits of the laws and of morality.”

References:

Constitution of the Principality of Liechtenstein, 1921. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/Page?handle=hein.cow/zzli0006&id=5&collection=cow&index=

Lithuania 🖉 edit

Freedom of speech is guaranteed to all Lithuanian citizens in Article 16 of the 1928 Constitution of the Republic of Lithuania. Article 16 continues, limiting this freedom only “when it is essential to protect morality or State order.” Post-independence from the Soviet Union, Lithuania’s 1992 Constitution expands the explanation of freedom of expression in Article 25: Individuals shall have the right to have their own convictions and freely express them. Individuals must not be hindered from seeking, obtaining, or disseminating information or ideas. Freedom to express convictions, as well as to obtain and disseminate information, may not be restricted in any way other than as established by law, when it is necessary for the safeguard of the health, honour and dignity, private life, or morals of a person, or for the protection of constitutional order. Freedom to express convictions or impart information shall be incompatible with criminal actions - the instigation of national, racial, religious, or social hatred, violence, or discrimination, the dissemination of slander, or misinformation.” However, in Article 145 this right is permitted to be temporarily limited during a state of emergency or martial law, as seen enacted in 2022 when Russia invaded Ukraine.

References:

Constitution of the Republic of Lithuania, 1928. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0064&i=3

Constitution of the Republic of Lithuania, 1992. Parliament (Seimas) (consulted 2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0061&i=1

U.S. Department of State. 2022 Country Reports on Human Rights Practices: Lithuania. (2022): https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/lithuania

Luxembourg 🖉 edit

Article 25 of the 1848 Constitution of the Grand Duchy of Luxembourg grants freedom of expression along with freedom of the press to Luxembourgers “except for the repression of the offenses committed on the occasion of the exercise of these freedoms.” This is continued in Luxembourg’s 1868 Constitution.

References:

Constitution of the Grand Duchy of Luxembourg, 1848. HeinOnline (2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=244

Constitution of the Grand Duchy of Luxembourg, 1868. H.F. Wright (2019), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlu0013&i=1

Madagascar 🖉 edit

According to the preamble of the 1959 Constitution of the Malagasy Republic, "freedom of speech, freedom of assembly, freedom of association and freedom to unionize shall be guaranteed under conditions stipulated by law"

References:

1959 Constitution of the Malagasy Republic: "Preamble," Constitution of the Malagasy Republic (1959): 1-4: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmg0017&id=4&men_tab=srchresults