Portal:Freedom of speech

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Eleanor Roosevelt and the Universal Declaration of Human Rights (1948)—Article 19 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."

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (ordre public), or of public health or morals". (Full article...)

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Crystal Eastman was one of the co-founders of the CLB, the predecessor to the ACLU.
The American Civil Liberties Union (ACLU) is a nonpartisan non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, lobbying, and community education. Founded in 1920 by Roger Baldwin, Crystal Eastman, Helen Keller, and Walter Nelles, the ACLU has over 500,000 members and has an annual budget over $100 million. Local affiliates of the ACLU are active in all 50 states and Puerto Rico. The ACLU provides legal assistance in cases when it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation, or preparation of amicus curiae briefs expressing legal arguments (when another law firm is already providing representation). When the ACLU was founded in 1920, its focus was on freedom of speech, primarily for anti-war protesters. During the 1920s, the ACLU expanded its scope to include protecting the free speech rights of artists and striking workers, and working with the National Association for the Advancement of Colored People (NAACP) to combat racism and discrimination. In 1940, the ACLU leadership was caught up in the Red Scare, and voted to exclude Communists from its leadership positions. The ACLU was involved in the Miranda case, which addressed misconduct by police during interrogations; and in the New York Times case, which established new protections for newspapers reporting on government activities. In the 1970s and 1980s, the ACLU ventured into new legal areas, defending homosexuals, students, prisoners, and the poor. In the twenty-first century, the ACLU has fought the teaching of creationism in public schools and challenged some provisions of anti-terrorism legislation as infringing on privacy and civil liberties. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policies that have been established by its board of directors. Current positions of the ACLU include: opposing the death penalty; supporting same-sex marriage and the right of gays to adopt; supporting birth control and abortion rights; eliminating discrimination against women, minorities, and homosexuals; supporting the rights of prisoners and opposing torture; supporting the right of religious persons to practice their faiths without government interference; and opposing government preference for religion over non-religion, or for particular faiths over others.

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Larry Flynt attending the "Free Speech Coalition Awards Annual Bash Event" – Los Angeles, CA on November 14, 2009
Larry Claxton Flynt, Jr. (born November 1, 1942) is an American publisher and the president of Larry Flynt Publications (LFP). In 2003, Arena magazine listed him as the number one on the "50 Powerful People in Porn" list. LFP mainly produces sexually graphic videos and magazines, most notably Hustler. Flynt has fought several prominent legal battles involving the First Amendment, and has unsuccessfully run for public office. He is paralyzed from the waist down due to injuries sustained in a 1978 assassination attempt. In 1988, Flynt won an important Supreme Court decision, Hustler Magazine v. Falwell, after being sued by Reverend Jerry Falwell in 1983, over an offensive ad parody in Hustler that suggested that Falwell's first sexual encounter was with his mother in an out-house. Falwell sued Flynt, citing emotional distress caused by the ad. The decision clarified that public figures cannot recover damages for "intentional infliction of emotional distress" based on parodies.

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UCLA Anderson School of Management

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Hugo L. Black

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