What is the problem with freedom of expression?
Asked by: Delphia Goldner | Last update: July 6, 2025Score: 4.2/5 (13 votes)
While international law protects free speech, there are instances where speech can legitimately restricted under the same law – such as when it violates the rights of others, or, advocates hatred and incites discrimination or violence.
What are the disadvantages of freedom of expression?
The potential drawbacks of freedom of speech include the spread of harmful, false, or offensive ideas. Hate speech, such as displaying symbols of past oppressions or wearing offensive language, is legal.
What is a negative right of freedom of expression?
Freedom of expression generally imposes on government a negative obligation not to interfere with expression, that is to say it is freedom from government legislation or action suppressing an expressive activity in which people would otherwise be free to engage (Haig v. Canada, [1993] 2 S.C.R.
What are the limitations of the freedom of expression?
In situations like these, the state can lawfully restrict or punish expressions that cause harm. Examples of this are violations of private life, defamation, hate speech, obscenity, pornography, public order, national security, classified information, trade secrets or copyright violations.
Why shouldn't freedom of expression be restricted?
This is important because democracy works well only if the people have the right to express their opinions about the government and criticise it if needed. The voice of the people must be heard and their grievances are satisfied.
Freedom of Expression explained (explainity® explainer video)
What is the issue with freedom of expression?
Governments have a duty to prohibit hateful, inciteful speech but many abuse their authority to silence peaceful dissent by passing laws criminalizing freedom of expression. This is often done in the name of counterterrorism, national security or religion.
What are the disadvantages of freedom of speech on social media?
Censorship of social media speech may not outweigh the benefit of forbidding a particular speech, but allowing complete free speech on social media may also have negative impacts, such as fostering cyber bullying or hate speech. Speech is not black or white, bad speech on one side and good speech on the other side.
How is freedom of expression limited?
The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, 'limit' the freedom of expression on certain grounds, such as national security, public order, public health, and public morals.
What are 2 limitations on freedom of speech?
Freedom of speech does not include the right:
To incite imminent lawless action. Brandenburg v. Ohio, 395 U.S. 444 (1969). To make or distribute obscene materials.
What is not protected by freedom of expression?
The following speech may not be protected: Speech that is intended and likely to provoke imminent unlawful action (“incitement”). Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals (“true threats”).
Why is freedom of expression not an absolute right?
The prohibition on abridgment of the freedom of speech is not absolute. Certain types of speech may be prohibited outright. Some types of speech may be more easily constrained than others. Furthermore, speech may be more easily regulated depending upon the location at which it takes place.
Can freedom of speech have negative effects?
In other words, free speech can normalize and spread beliefs that will produce more violence. It can allow more dissension within a society that ultimately erupts into violent conflict. But the Future of Free Speech report, by executive director Jacob Mchangama and Christian Bjørnskov challenges that narrative.
What is an example of freedom of expression?
This means: You have the freedom to express yourself online and to access information and the opinions and expressions of others. This includes political speech, views on religion, opinions and expressions that are favourably received or regarded as inoffensive, but also those that may offend, shock or disturb others.
Where is freedom of expression not allowed?
According to Amnesty International, freedom of expression is significantly limited in China and North Korea. Freedom of speech has improved in Myanmar in recent years, but significant challenges remain.
What are the effects of freedom of expression?
Freedom of expression enables dialogue, builds understanding, and increases public knowledge. When we can freely exchange ideas and information, our knowledge improves, which benefits our communities and societies. Freedom of expression also enables us to question our governments, which helps to keep them accountable.
What are the disadvantages of freedom?
It also allows citizens to become individuals, and gives them a sense of ownership in their country. The disadvantages is that many people might take advantage of their freedom and use it to hurt others through hate speech or even violent protest.
Should freedom of expression have limits?
Article 19(3) provides that freedom of expression may be limited where those limitations can be demonstrated to be necessary for ensuring 'respect for the rights and reputations of others'.
Is free speech really free?
Free speech means the government may not jail, fine, or impose civil liability on people or organizations based on what they say or write, with very few exceptions. The Constitution expresses the protection of speech from government interference in clear terms, “Congress shall make no law. . .
What does the constitution say about freedom of speech?
First Amendment Fundamental Freedoms
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.
What are two limitations to the right of freedom of expression?
The right to freedom of expression is limited to an extent that expressions cannot be in respect of propaganda for war, provocation of imminent violence, or hate speech based on race, ethnicity, gender or religion that incites the causing of harm.
What are some examples of freedom of expression being limited?
Although children's rights usually are not expected to be the same as adult rights, one place where children's free speech is routinely limited is when they are in school, and free to speak only when called upon At certain types of board meetings and other formal situations, each adult person gets to speak for only a ...
Is freedom of expression a human right?
Freedom of expression is a fundamental human right, enshrined in article 19 of the Universal Declaration of Human Rights. However, there are governments and individuals in positions of power around the globe that threaten this right. A number of freedoms fall under the category of freedom of expression.
What is negative about freedom of speech?
The pros and cons
However, freedom of speech also has its dangers: speech could damage a state (that is, betray state secrets); speech could incite violence against people, and speech could offend other people.
What are the threats to freedom of speech?
While the First Amendment protects most speech, it is not a free pass to threaten, harass, or otherwise violate the rights of others.
What are the limitations of the freedom of speech?
Second, a few narrow categories of speech are not protected from government restrictions. The main such categories are incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.