Freedom of speech

575 quotes found

"The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365, 260, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes. Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, 315 U.S. at pages 571-572, 62 S.Ct. at page 769, is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. See Bridges v. California, 314 U.S. 252, 262, 193, 159 A.L.R. 1346; Craig v. Harney, 331 U.S. 367, 373, 1253. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.Terminiello, 337 U.S. at 4-5."

- Freedom of speech

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"At the core of freedom of expression lies the need to ensure that truth and the common good are attained, whether in scientific and artistic endeavors or in the process of determining the best course to take in our political affairs. Since truth and the ideal form of political and social organization can rarely, if at all, be identified with absolute certainty, it is difficult to prohibit expression without impeding the free exchange of potentially valuable information. Nevertheless, the argument from truth does not provide convincing support for the protection of hate propaganda. Taken to its extreme, this argument would require us to permit the communication of all expression, it being impossible to know with absolute certainty which factual statements are true, or which ideas obtain the greatest good. The problem with this extreme position, however, is that the greater the degree of certainty that a statement is erroneous or mendacious, the less its value in the quest for truth. Indeed, expression can be used to the detriment of our search for truth; the state should not be the sole arbiter of truth, but neither should we overplay the view that rationality will overcome all falsehoods in the unregulated marketplace of ideas. There is very little chance that statements intended to promote hatred against an identifiable group are true, or that their vision of society will lead to a better world. To portray such statements as crucial to truth and the betterment of the political and social milieu is therefore misguided."

- Freedom of speech

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"I was in Kabul a decade ago when WikiLeaks released a massive tranche of US government documents about the conflicts in Afghanistan, Iraq and Yemen. On the day of the release, I was arranging by phone to meet an American official... He was intensely interested and asked me what was known about the degree of classification of the files. When I told him, he said in a relieved tone: “No real secrets, then.” ...I asked him why he was so dismissive of the revelations that were causing such uproar in the world. He explained that the US government was not so naive that it did not realise that making these documents available to such a wide range of civilian and military officials meant that they were likely to leak. Any information really damaging to US security had been weeded out... he said: “We are not going to learn the biggest secrets from WikiLeaks because these have already been leaked by the White House, Pentagon or State Department.” ...However, it was the friendly US official and I who were being naive, forgetting that the real purpose of state secrecy is to enable governments to establish their own self-interested and often mendacious version of the truth by the careful selection of “facts” to be passed on to the public. They feel enraged by any revelation of what they really know, or by any alternative source of information. Such threats to their control of the news agenda must be suppressed where possible and, where not, those responsible must be pursued and punished."

- WikiLeaks

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"The liberty of the press is indeed essential to the nature of a free state: but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity. To subject the press to the restrictive power of a licenser as was formerly done, both before and since the revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government. But to punish (as the law does at present) any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty. Thus the will of individuals is still left free; the abuse only of that free will is the object of legal punishment. Neither is any restraint hereby laid upon freedom of thought or enquiry: liberty of private sentiment is still left; the disseminating, or making public, of bad sentiments, destructive of the ends of society, is the crime which society corrects. A man (says a fine writer on this subject) may be allowed to keep poisons in his closet, but not publicly to vend them as cordials. And to this we may add, that the only plausible argument heretofore used for restraining the just freedom of the press, "that it was necessary to prevent the daily abuse of it," will entirely lose it's force, when it is shewn (by a seasonable exertion of the laws) that the press cannot be abused to any bad purpose, without incurring a suitable punishment: whereas it never can be used to any good one, when under the control of an inspector. So true will it be found, that to censure the licentiousness, is to maintain the liberty, of the press."

- Freedom of the press

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"In contrast to publications that take such a careless or outright supportive stance on the irreparable harm of U.S. foreign policy are WikiLeaks and its founder, Julian Assange. Following his view that “if wars can be started with lies, they can be stopped by truth,” Assange has published some of the most vital information on U.S. foreign policy of the 21st century with perfect accuracy. Some of the information provided to the public (thanks to the anonymous online source submission system developed by Assange) includes the CIA rendition program, detainee abuse at Guantanamo Bay, and U.S. war crimes in Iraq, Afghanistan, Yemen, and more. It is this view on publishing which understands war as something to be exposed and resisted that has made Assange such a hated figure by warmongers in the United States. Despite the many problems with the mainstream press, journalism as an institution remains one of the most effective methods of resisting, and at times, ending wars. Even those distrustful of the press should be willing to oppose attacks on the right to a free press when such attacks occur. It is the guarantee of press freedom that enables anti-war reporting to make its way into the mainstream at times, shifting people's understanding of what their government does. The press still has the power to challenge and prevent U.S. wars. However, this power hangs in the balance in the form of Julian Assange's fate. Recent coverage of the Afghanistan withdrawal shows the potential for two types of press. One which sees its role as the mouthpiece for the most war-hungry members of a global empire or one that shows the true nature of war to the public, enabling them to oppose it and giving its victims some justice. For anti-war advocates who would rather see the latter option covering foreign policy, it is essential to show strong support for Julian Assange and demand the charges against him be dropped immediately."

- Freedom of the press

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"The First Amendment concept of a "free press" must be read in the light of the struggle of free men against prior restraint of publication. From the time of Blackstone it was a tenet of the founding fathers that precensorship was the primary evil to be dealt with in the First Amendment. Fortunately upon the facts adduced in this case there is no sharp clash such as might have appeared between the vital security interest of the Nation and the compelling Constitutional doctrine against prior restraint. If there be some embarrassment to the Government in security aspects as remote as the general embarrassment that flows from any security breach, we must learn to live with it. The security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, an ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know. In this case there has been no attempt by the Government at political suppression. There has been no attempt to stifle criticism. Yet in the last analysis it is not merely the opinion of the editorial writer or of the columnist which is protected by the First Amendment. It is the free flow of information so that the public will be informed about the Government and its actions. These are troubled times. There is no greater safety valve for discontent and cynicism about the affairs of Government than freedom of expression in any form. This has been the genius of our institutions throughout our history. It is one of the marked traits of our national life that distinguish us from other nations under different forms of government."

- Freedom of the press

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"Freedom of speech and of the press are fundamental rights which are safeguarded by the due process clause of the Fourteenth Amendment of the Federal Constitution. [...] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. As this Court said in United States v. Cruikshank, 92 U.S. 542, 552: The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [...] These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their legislatures may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government."

- Freedom of the press

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"Let it be recollected, lastly, that the right of electing the members of the Government constitutes more particularly the essence of a free and responsible government. The value and efficacy of this right depends on the knowledge of the comparative merits and demerits of the candidates for public trust, and on the equal freedom, consequently, of examining and discussing these merits and demerits of the candidates respectively. It has been seen that a number of important elections will take place while the act is in force, although it should not be continued beyond the term to which it is limited. Should there happen, then, as is extremely probable in relation to some or other of the branches of the Government, to be competitions between those who are and those who are not members of the Government, what will be the situations of the competitors? Not equal; because the characters of the former will be covered by the Sedition Act from animadversions exposing them to disrepute among the people, whilst the latter may be exposed to the contempt and hatred of the people without a violation of the act. What will be the situation of the people? Not free; because they will be compelled to make their election between competitors whose pretensions they are not permitted by the act equally to examine, to discuss, and to ascertain. And from both these situations will not those in power derive an undue advantage for continuing themselves in it, which, by impairing the right of election, endangers the blessings of the Government founded on it?"

- Freedom of the press

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"Ram Swarup, now in his seventies, is a scholar of the first rank... Today, anyone reading those critiques would characterise them as prophetic. But thirty years ago so noxious was the intellectual climate in India that all he got was abuse, and ostracisation... His work on Hinduism and on Islam and Christianity has been equally scholarly. And what is more pertinent to the point I want to urge, it has been equally prophetic. No one has ever refuted him on facts, but many have sought to smear him and his writing. They have thereby transmuted the work from mere scholarship into warning. ... Newspapers carried a little paragraph a fortnight ago that his book.. had been banned, and all its copies forfeited, on the ground that it "deliberately and maliciously" outrages "the religious feelings of the Muslims by insulting their religion and their religious beliefs." The forfeiture is exactly the sort of thing which had landed us where we are: where intellectual inquiry is shut out; where our traditions are not examined, and reassessed; and where as a consequence there is no dialogue. It is exactly the sort of thing too which foments reaction. (...)"Freedom of expression which is legitimate and constitutionally protected," it [the Supreme Court] declared last year, "cannot be held to ransom by an intolerant group or people." To curtail it in the face of threats of demonstrations and processions or threats of violence "would amount," the Court said, "to the negation of the rule of law and surrender to blackmail and intimidation."

- Censorship in India

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"The destruction wrought by the Muslim raids and invasions left the civilisation headless, wounded, truncated in its development. The Muslim conquests were motivated not, as one may deduce through reading Dalrymple, by an urge to merge the menus of daal and rice with those of naan and kebab, or in fact to give us tombs (endless tombs, no universities, no ashrams, no hospitals, no cities with organised plans, just fortresses and pleasure gardens for the conquerors) decorated in an amalgam of Muslim and Hindu motifs. The invaders were motivated by greed for gold and slaves. Any reference to the original sources will testify. Ibn Batuta, a venal and ignorant Arab traveller gives us an account of his sojourn in India in the 14th century. The land is ruled by foreigners with Arab names and offices. They are the conquerors and occupiers and remind the native population, reduced to silence or invisibility, of it every day. Batuta is given Hindu slave girls to do with as he will. In Delhi he sees the daily slaughter of decapitated and mutilated bodies strewn at the door of the palace of the ‘Sultan’ to deter others from transgressing his will. They were dark ages indeed. There was brutality in Europe in medieval times too, but there is no group of ‘historians’ and fellow-travellers setting out to deny it. [...] The motives of people like Dalrymple, those who wilfully set out to deny the facts of the destruction of the Hindu civilisation of India, are the opposite. Their denial of the large-scale destruction and denigration of Hindu religion and culture by the Muslim raiders, invaders and conquerors of India is motivated by the deep-seated political aim of the Independence movement to brook no divide between Hindu and Muslim.It was for its time and for all time a noble aim. That was one of the things V.S. Naipaul said to the BJP gathering--that the project of Nehru and Gandhi to avoid going into the import of that history was in itself positively motivated. There is never any justification for one community in India to conduct a pogrom against another. Not then, not now. But surely the construction of history should be truthful. Suppression can only exacerbate the anger."

- Historical negationism

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"And funny though it may sound it was decided to falsify history to please the Muslims and draw them into the national mainstream. Guidelines for rewriting history were prepared by the National Council of Educational Research and Training (NCERT)… The West Bengal Board of Secondary Education issued a notification dated 28 April 1989 addressed to schools and publishers suggesting some ‘corrections’ in the teaching and writing of ‘Muslim rule in India’ - like the real objective of Mahmud Ghaznavi’s attack on Somnath, Aurangzeb’s policy towards the Hindus, and so on. These guidelines specifically say: “Muslim rule should not attract any criticism. Destruction of temples by Muslim invaders and rulers should not be mentioned.” One instruction in the West Bengal circular is that “schools and publishers have been asked to ignore and delete mention of forcible conversions to Islam.” The notification, says the Statesman of 21 May 1989, was objected to in many quarters. “A row has been kicked up by some academicians who feel that the ‘corrections’ are unjustified and politically motivated…” Another group feels that the corrections are “justified”. This experiment with untruth was being attempted since the 30’s-40’s by Muslim and Communist historians. After Independence, they gradually gained strength in university departments. By its policy the Nehruvian state just permitted itself to be hijacked by the so-called progressive, secular and Marxist historians. (Chapter 3)"

- Historical negationism

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"Armed with money and instructions from the Ministry of Education, the National Council of Educational Research, University Grants Commission, Indian Council of Historical Research, secular and Stalinist historians began to produce manipulated and often manifestly false school and college text-books of history and social studies in the Union Territories and States of India. This has gone on for years… On the one hand, the government through the Department of Archaeology preserves monuments the originals of which were destroyed by Islamic vandalism, and on the other, history text-books are directed to say that no shrines were destroyed. Students are taught one thing in the class rooms through their text-books, while they see something else when they go on excursions to historical monuments. At places like Qutb Minar and Quwwat-ul-Islam mosque they see that “the construction is all Hindu and destruction all Muslim”. History books are not written only in India; these are written in neighbouring countries also, and what is tried to be concealed here for the sake of national integration, is mentioned with pride in the neighbouring Muslim countries. Scholars in Europe are also working on Indian history and untruths uttered by India’s secular and progressive historians are easily countered… Thousands of pilgrims who visit Mathura or walk past the site of Vishvanath temple and Gyanvapi Masjid in Varanasi everyday, are reminded of Mughal vandalism and disregard for Hindu sensitivities by Muslim rulers. (Chapter 3)"

- Historical negationism

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"Political necessities of the Indians during the last phase of British rule underlined the importance of alliance between the two communities, and this was sought to be smoothly brought about by glossing over the differences and creating' an imaginary history of the past in order to depict the relations between the two in a much more favourable light than it actually was. Eminent Hindu political leaders even went so far as to proclaim that the Hindus were not at all a subject race during the Muslim rule. These absurd notions, which would have been laughed at by Indian leaders at the beginning of the nineteenth century, passed current as history owing to the exigencies of the political complications at the end of that century. Unfortunately slogans and beliefs die hard, and even today, for more or less the same reasons as before, many Indians, specially Hindus, are peculiarly sensitive to any comments or observations even made in course of historical writings, touching upon the communal relations in any way. A fear of wounding the susceptibilities of the sister community haunts the minds of Hindu politicians and historians, and not only prevents them from speaking out the truth, but also brings down their wrath upon those who have the courage to do so. But history is no respecter of persons or communities, and must always strive to tell the truth, so far as it can be deduced from reliable evidence. This great academic principle has a bearing upon actual life, for ignorance seldom proves to be a real bliss either to an individual or to a nation. In the particular case under consideration, ignorance of the actual relation between the Hindus and the Muslims throughout the course of history,—an ignorance deliberately encouraged by some,—may ultimately be found to have been the most important single factor which led to the partition of India. The real and effective means of solving a problem is to know and understand the facts that gave rise to it, and not to ignore them by hiding the head, ostrich-like, into sands of fiction. (p. xxix.)"

- Historical negationism

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"Such disclosures may not be liked by the high officials and a section of the politicians, but it is the solemn duty of the historian to state the truth, however unpleasant or discreditable it might be to any particular class or community. Unfortunately, political expediency in India during this century has sought to destroy this true historic spirit... It is very sad that the spirit of perverting history to suit political views is no longer confined to politicians, but has definitely spread even among professional historians... Although the statements are based on unimpeachable authority, there is hardly any doubt that they will be condemned not only by a small class of historians enjoying official favour, but also by a section of Indians who are quite large m number and occupy high position in politics and society. It is painful to mention, though impossible to ignore, the fact that there is a distinct and conscious attempt to rewrite the whole chapter of the bigotry and intolerance of the Muslim rulers towards Hindu religion" This was originally prompted by the political motive of bringing together the Hindus and Musalmans in a common fight against the British but has continued ever since. A history written under the auspices of the Indian National Congress sought to repudiate the charge that the Muslim rulers broke Hindu temples, and asserted that they were the most tolerant in matters of religion Following in its footsteps a noted historian has sought to exonerate Mahmud of Ghazni’s bigotry and fanaticism, and several writers in India have come forward to defend Aurangzib against Jadunath Sarkar’s charge of religious intolerance. It is interesting to note that in the revised edition of the Encyclopaedia of Islam, one of them, while re-writing the article on Aurangzib originally written by Sir Wiliam Irvine, has expressed the view that the charge of breaking Hindu temples brought agamst Aurangzib is a disputed point. Alas for poor Jadunath Sarkar, who must have turned in his grave if he were buried For, after reading his History of Aurangzib, one would be tempted to ask, if the temple-breaking policy of Aurangzib is a disputed point, is there a single fact in the whole recorded history of mankind which may be taken as undisputed? A noted historian has sought to prove that the Hindu population was better off under the Muslims than under the Hindu tributaries or independent rulers. “While some historians have sought to show that the Hindu and Muslim cultures were fundamentally different and formed two distinct and separate units flourishing side by side, the late K. M Ashraf sought to prove that the Hindus and Muslims had no cultural conflict.” But the climax was reached by the politician-cum-historian Lala Lajpat Rai when he asserted that “the Hindus and Muslims have coalesced into an Indian people very much in the same way as the Angles, Saxons, Jutes, Danes and Normans formed the English people of today.” His further assertion that “the Muslim rule in India was not a foreign rule” has now become the oft-repeated slogan of a certain political party. I have discussed the question in some detail elsewhere”” and need not elaborate the point any further."

- Historical negationism

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"The only voice which was heard against this nation-wide exercise in suppressio veri suggestio falsi in the field of medieval Indian history, was that of the veteran historian, R.C. Majumdar. For him, this “national integration” based on a wilful blindness to recorded history of the havoc wrought by Islam in India, could lead only to national suicide. He tried his best to arrest the trend by presenting Islamic imperialism in medieval India as it was, and not as the politicians in league with Stalinist and Muslim historians were tailoring it to become. “Political necessities of the Indians during the last phase of British rule,” he wrote in 1960, “underlined the importance of alliance between the two communities, and this was sought to be smoothly brought about by glossing over the differences and creating an imaginary history of the past in order to depict the relations between the two in a much more favourable light than it actually was… But history is no respecter of persons or communities, and must always strive to tell the truth, so far as it can be deduced from reliable evidence. This great academic principle has a bearing upon actual life, for ignorance seldom proves to be a real bliss either to an individual or to a nation. In the particular case under consideration, ignorance of the actual relation between the Hindus and the Muslims throughout the course of history - an ignorance deliberately encouraged by some - may ultimately be found to have been the most important single factor which led to the partition of India. The real and effective means of solving a problem is to know and understand the facts that gave rise to it, and not to ignore them by hiding the head, ostrich-like, into sands of fiction.”"

- Historical negationism

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"But his voice remained a voice in the wilderness. Fourteen years later, he [R.C. Majumdar] had to return to the theme and give specific instances of falsification. “It is very sad,” he observed, “that the spirit of perverting history to suit political views is no longer confined to politicians, but has definitely spread even among professional historians… It is painful to mention though impossible to ignore, the fact that there is a distinct and conscious attempt to rewrite the whole chapter of the bigotry and intolerance of the Muslim rulers towards Hindu religion. This was originally prompted by the political motive of bringing together the Hindus and Musalmans in a common fight against the British but has continued ever since. A history written under the auspices of the Indian National Congress sought to repudiate the charge that the Muslim rulers broke Hindu temples, and asserted that they were the most tolerant in matters of religion. Following in its footsteps, a noted historian has sought to exonerate Mahmud of Ghazni’s bigotry and fanaticism, and several writers in India have come forward to defend Aurangzeb against Jadunath Sarkar’s charge of religious intolerance. It is interesting to note that in the revised edition of the Encyclopaedia of Islam, one of them, while re-writing the article on Aurangzeb originally written by William Irvine, has expressed the view that the charge of breaking Hindu temples brought against Aurangzeb is a disputed point. Alas for poor Jadunath Sarkar, who must have turned in his grave if he were buried. For, after reading his History of Aurangzib, one would be tempted to ask, if the temple-breaking policy of Aurangzeb is a disputed point, is there a single fact in the whole recorded history of mankind which may be taken as undisputed?”"

- Historical negationism

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"The realms of high culture that in more civilised countries resonate with literature, music and art are occupied in India by Bollywood and trashy TV serials. Inevitable, since mass education is such a mess that most children leave school without learning to read a storybook. Reading is so out of fashion that most small towns in India have no bookshops, most villages have no libraries and, in our bigger cities, bookshops stock mostly books and magazines written in English. So when the RSS leaders turned up in Delhi last week to tell the Minister of Human Resource Development that they wanted changes in school education, they had a point. Unfortunately, because the RSS is led by doddering old bigots and provincial intellectuals, this ‘cultural’ organisation is in no position to give the HRD Minister worthwhile advice. The RSS leaders who met the minister reportedly confined their concerns to history books that they claim portray a ‘Western’ view of history. They demanded that these books be replaced by those written by historians with an Indian view of history. They have a point, but they make it badly. It is true that in the decades in which India was ruled imperiously by the Congress, the task of writing history textbooks was allotted to Leftist historians who chose to view India’s past through a distorted lens. The most celebrated of these historians, , has gone so far as to deny that Muslim invaders destroyed the temples of us idolatrous infidels. Undoubtedly, if she were writing about more recent history, she would deny that the Taliban blew up the Buddhas of Bamiyan — and would say that they fell to pieces of their own accord. In the interests of ‘secularism’, most Indian schools and colleges provide only limited courses for the study of ancient India, and Sanskrit literature. So the vast majority of Indian children grow up with a sense of being Indian that is restricted to a religious identity. When this gets infused with a toxic sort of nationalism, as happens in RSS educational institutions, the result is bigotry of a lethal kind."

- Historical negationism

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