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Should there be a limit to freedom of expression?

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Should we limit the freedom of expression?
-national security
-public order
-public health or morals
under what conditions should there be limits to FOE?
Mill-> FOE
Harm -> group or person
-emotional/ harm
-sexual, physical
Anti-iconism-> God
->creates conflict

1.  What is the freedom of expression? Why is it considered an important human right?
2. Where is it codified?
3. Under what conditions are limits to the freedom of expression considered acceptable?
4. What do critics of these provisions argue?
5. Was is the case of The Guardian and The Observer v. The United Kingdom (Spycatcher case)? Was was a stake here? What arguments did the Lords ultimately make? Who won?
6.  Who is David Irving? What is at stake in his case against Deborah Lipstadt?
7. What is the Jyllands-Posten controversy? Should the newspaper have refused to publish the cartoons?
8. What is hate speech? How was it used in Rwanda during the genocide?
9. What are the challenges that librarians and other curators of documents face regarding the freedom of expression? (See the Sturgis article)
10. What does Hussain argue are the differences between satirical representations of Islam and the Prophet Muhammad and Christianity (and Jesus)?

JohnStuart Mill, On Liberty
“If all mankind minus one, were of one opinion, and one, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.”

Article 19,  UDHR
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.

Improper and criminal behavior alleged:
(a) MI5 “bugged” all diplomatic conferences at Lancaster House in London throughout the 1950’s and 1960’s, as well as the Zimbabwe independence negotiations in 1979;
(b) MI5 “bugged” diplomats from France, Germany, Greece and Indonesia, as well as Mr Kruschev’s hotel suite during his visit to Britain in the 1950’s, and was guilty of routine burglary and “bugging” (including the entering of Soviet consulates abroad);
(c) MI5 plotted unsuccessfully to assassinate President Nasser of Egypt at the time of the Suez crisis;
(d) MI5 plotted against Harold Wilson during his premiership from 1974 to 1976;
(e) MI5 (contrary to its guidelines) diverted its resources to investigate left-wing political groups in Britain.
Source: European Court of Human Rights (ECHR)

The Attorney General instituted proceedings for breach of confidence in the Chancery Division of the High Court of Justice of England and Wales against O.G., seeking permanent injunctions restraining them from making any publication of Spy Catcher material.
He based his claim on the principle that the information in the memoirs was confidential and that a third party coming into possession of information knowing that it originated from a breach of confidence owed the same duty to the original confider as that owed by the original confidant. It was accepted that an award of damages would have been an insufficient and inappropriate remedy for the Attorney General and that only an injunction would serve his purpose.
European Court of Human Rights

Jyllands-Posten cartoon scandal -September30, 2005 –Case Study

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