Freedom of Expression/Country forces
What historical forces or events, if any, contributed to a widespread belief in its importance?
Debates and movements for the protection of freedom of expression are a recent development that “scarcely arose before the revolutions of the eighteenth century" (Zoller 2009, 803). But one can see that it is frequently in response to oppressive governmental measures that opposition arises to promote freedom of expression for democratic society and its citizens from external censorship. The intended outcome of these revolutions was to ensure the citizen’s right “to freely speak one's mind, represent one's viewpoint, defend one's opinions, communicate one's ideas… without fear for life, liberty, or possessions, but with peace of mind and a firm certainty of freedom from government harassment…” (Zoller 2009, 803). There are five notable historical movements and events that helped contribute to the widespread belief of freedom of expression as a fundamental right: the Enlightenment, The American and French Revolutions, the United Nations’ Universal Declaration of Human Rights, the fall of the Berlin Wall, and the Arab Spring.
THE ENLIGHTENMENT
The promotion of freedom of expression as a universal right was first established by the philosophes of the Enlightenment in the 17th and 18th centuries. Frederick of Prussia, Immanuel Kant, and Johann Gottlieb Fichte all wrote on the idea of freedom of expression, especially in how it relates to free thought and opinion. James Schmidt quoted Immanuel Kant in support of the claim that freedom of thought, however praiseworthy in its own right, is much more valuable when informed by the thoughts of others: “‘… but how much and how accurately would we think if we did not think, so to speak, in community with others to whom we communicate our thoughts and who communicate their thoughts to us!’” (Schmidt [quoting Kant] 1996, 30). Agreeing with this sentiment, Frederick of Prussia also expressed his wish “to rule over a noble, brave, freethinking people, a people that has the power and liberty to think and to act, to write and to speak, to win or to die” (Schmidt [quoting Frederick of Prussia] 1996, 89). At this point in history, freedom of expression, especially in a monarchical context, became a key component of Enlightenment thought, as it was determined that the right to possess and share one’s opinions was the mark of a civilized society.
THE AMERICAN AND FRENCH REVOLUTIONS
Building upon Enlightenment philosophies, freedom of expression (or the lack thereof) played central roles in the American and French Revolutions of the late 18th centuries. However, how freedom of expression was expressed in each case manifested very differently.
In America, "as taxes were imposed without their consent, colonists believed their freedom of expression and representation was violated. Protests, petitions, and gatherings were quickly put down by government officials. Freedom of expression, speech, and the press were punishable and denied to many" (Charkins et. Al 2019, 35). The repression of what the colonists believed to be a fundamental right only exacerbated the situation and eventually led them to demand “the formation of a government that would promise protection of those inherent liberties" via the American Revolution (Pomerance 2016, 112). After the war, this eventually prompted the ratification of the First Amendment to the Constitution that confirmed that “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” (U.S. Constitution, 1791).
Conversely, while American efforts came from an institutionalized lack of freedom, the French struggle came from a surprising decision from King Louis XVI. In 1789, when he called a meeting of the Estates General, he began by “suspending censorship of publications, even allowing writings that criticized the monarchy…" (Pomerance 2016, 114). This afforded French people freedom of expression to a degree they had never seen before, and soon newspapers and pamphlets across France were calling for a democratic overhaul of the whole country. This top-down decision from the King paved a slightly untraditional path to revolution, especially in contrast to the Americans who were denied freedom of expression from their government. Louis had opened the floodgates, and just months after the first meeting, “there was little doubt that free speech and expression were high on the list of demands from the Frenchmen calling for change” (Pomerance 2016, 117). These sentiments were eventually listed in the Declaration of the Rights of Man and of the Citizen, in Articles 10 and 11 which state that “no one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established Law and Order,” and “the free communication of ideas and of opinions is one of the most precious rights of man. Any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by Law" (“Declaration of the Rights of Man”).
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
International protections of fundamental rights did not emerge until the late 20th century in response to the “barbarous acts” of World War II (Amnesty International). And in response to these acts, it became a goal of the newly founded United Nations to set a global standard for freedom and justice for everyone, regardless of nationality or citizenship. The Universal Declaration of Human Rights (UDHR) was adopted in 1948 and establishes a comprehensive list of rights and liberties that everyone is entitled to. Freedom of expression is guaranteed by Article 19 which states that “everyone has 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). While the UDHR is not a legally binding document, it was the first international agreement focused on the protection of basic human rights and freedoms.
THE FALL OF THE BERLIN WALL
The fall of the Berlin Wall was a major turning point in the history of freedom of expression and its applications. During the Cold War, Europe was split between a democratic West and a communist East, with a physical manifestation of this divide erected in Berlin by the German Democratic Republic (East Germany). Many basic freedoms and liberties were suppressed in the Eastern Bloc, and “human rights violations in East Germany centered mainly on freedom of movement, expression and association” (Human Rights Watch 1989). Before the fall, “the potential to express dissidence… [marked] the border between East and West," but after, East Berliners used their restored freedoms to express their opinions without fear of retribution (Zoller 2009, 806). The fall of the Berlin Wall was a major win for universal human rights, and it marked the beginning of the end of the Cold War that inspired similar democratic movements across the Eastern Bloc that eventually led to the collapse of the Soviet Union.
THE ARAB SPRING
Applications of human rights and freedoms will have to continue to adapt to societal changes. As recently seen with the Arab Spring uprisings, widespread access to the internet and social media channels that now allow near total freedom of expression on a global scale has reshaped how one can utilize this freedom for the promotion of democracy, but it has also raised questions as to how parameters of this right should be drawn in instances of dangerous or harmful views. Before the rise of the internet, “discussions focused on the idea of what a man was allowed to utter or write when he found himself to be at odds with an established orthodoxy…", but now, it is imperative that “national legislations should envisage legal instruments to carefully limit its application (when abusive), in those situations in which free speech becomes an obstacle for the free exercise of other fundamental rights” as free speech and expression can be shared on an international level (Racolța 2019, 8, 15). Although freedom of expression is now an expected right of democratic societies, it remains at the forefront of international discussions to determine how to both ensure the right itself for people deprived of it and to also protect people from abuses of free expression.
References:
Charkins, Jim, Michelle Herczog, and Thomas Herman. “Breaking Down the Silos: The American Revolution--A Story Well Told.” Social Studies Review 58 (January 2019): 25–42. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=eft&AN=154271093&site=ehost-live&scope=site.
“Declaration of the Rights of Man.” Avalon Project. Accessed June 16, 2023. https://avalon.law.yale.edu/18th_century/rightsof.asp.
“EAST GERMANY.” Human Rights Watch World Report, 1989. https://www.hrw.org/reports/1989/WR89/Eastgerm.htm.
Pomerance, Benjamin. “First In, First Out: Promises and Problems of Free Expression in Revolutionary and Post-Revolutionary Governments.” Maryland Journal of International Law 31, no. 1 (January 2016): 107–79. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=122460887&site=ehost-live&scope=site.
Racolța, Remus, and Andreea Verteș-Olteanu. 2019. “Freedom of Expression. Some Considerations for the Digital Age.” Jus et Civitas VI (LXX) (1): 7–16. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=139539130&site=ehost-live&scope=site.
Schmidt, James. What Is Enlightenment?: Eighteenth-Century Answers and Twentieth-Century Questions. Philosophical Traditions. Berkeley: University of California Press, 1996. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=nlebk&AN=4657&site=ehost-live&scope=site.
“Universal Declaration of Human Rights.” Amnesty International, April 11, 2023. https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/#:~:text=The%20UDHR%20was%20adopted%20by,for%20freedom%2C%20justice%20and%20peace.
United Nations General Assembly. The Universal Declaration of Human Rights (UDHR). New York: United Nations General Assembly, 1948.
Zoller, Elisabeth. "Foreword: Freedom of Expression: Precious Right in Europe, Sacred Right in the United States," Indiana Law Journal 84, no. 3 (Summer 2009): 803-808