Free Speech

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Defining it and why It is seems a Counter-Intuitive Idea.

24th Apr 2025
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If you think the concept of free speech is often misunderstood, you are absolutely right.

The concept of free speech interpreted differently based on religious, political system and cultural contexts.

Free-Speech in the USA context

The primary legal source for Free-Speech in the United States is the First Amendment in American constitution:

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.

Let's break it down:

  • Freedom of Religion: The government can't favor one religion over another and things like this.
  • Freedom of Speech: You can express your thoughts, even if they're unpopular.
  • Freedom of Press: The media can report news without government control or censorship.
  • Right to Assemble: People can gather for protests, rallies, or public meetings.
  • Right to Petition the Government: You can ask for changes from the government without fear of punishment.

In other words, the idea of free speech is that, they are designed to make it difficult for governments to interfere with speech. it is harder for governments to restrict certain forms of communication than it is for the government to restrict other forms of physical actions.

in other words, It means Communication (like speaking, writing, protesting peacefully) is more protected than other kinds of behavior (like stealing, vandalizing, or physical violence).

Governments have less power to punish or control speech than they do to punish regular actions or conduct.

How is free speech enforced?

The enforcement of Free-speech is not largely by the government, It is enforcement by the people culture in their everyday lives and how they react to speech that doesn't really aligned with their desires.

so the enforcement of these type of legal norms are depends to a very significant amount of public acceptance. If we want to avoid actions that violate the law in any aspects including violating the Free-Speech then we need a fair amount of education about these subjects.

In other words, relying solely on the formal mechanism of legal systems means we are acting too late.

Exceptions to First Amendment.

  • incitement. Saying "Let’s burn down that building right now!" Isn't protected by free-speech. because it could incite imminent lawless action.
  • defamation. But it has to be accusation of fact. Saying "This Person is a pedophile. i know for the fact they are." is could be defamation. Remember it has to be accusation of the fact. it can't just be "I think this person is a jerk". that's an opinion.
  • Some forms of discriminatory that are severe and persistent pattern of behavior that is directed towards an individual or group are banned in jobs environment or schools. it's not the general exception of freedom of speech.

Is Free Speech Only Defined in the USA?

No. Free speech is not only defined in the United States. but the way it’s understood, protected, and limited can vary a LOT from country to country. But the least limitations on free speech exist in the USA.

Wrapping up

Free-Speech is not a simple concept that can be easily explained. it requires careful consideration and willingness to engage with diverse prospective.

There is so much more to think and talk about.

Things like: "What if censorship is necessary in certain cases? does violating Free-speech always lead to negative consequences?"

But I think it's enough for this blog post. i would like to write about this phenomenon in the future. The only thing we can agree on right now is that, the ability to disconfirm ideas as a result of free speech is one of the greatest tools in the pursuit of truth.