Freedom of expression: need in society
This is one of the most characteristic and fundamental freedoms of democratic states. It consists of the right of the individual to expose their thoughts and opinions through any means (the word, the brief, …) without instructions, previous authorizations or censorship by the authority. Being a consequence of freedoms of thought and opinion, one can think that it also constitutes an absolute and unlimited right, but freedom of expression implies externalizing what one thinks and therefore has limits that the law establishes. Such limits are the rights of others, as well as the rights of society as a whole that thoughts that threaten the established public order are not disseminated.
In this way, freedom of expression cannot allow the dissemination of harmful expressions against a person or institution, or that involve invading the privacy of people, but neither does the dissemination of ideas that constitute apology of terrorism, or that involve an aggression againstthe childhood. It should also be noted that freedom of expression is related to freedom of expression is closely related to freedom of education (right to teach and learn without state impositions), the freedom of chair (teacher’s right or teacher to expose knowledge without interferencestate) and freedom of information (right to receive and disseminate information freely and by any means, without prior censorship).
In principle, all expressions are protected, but not all have the same level of protection, since it varies depending on their critical importance for the functioning of democracy or the fact that the rest of the people exercise their other fundamental rights;That is, there are cases in which freedom of expression must be maintained with greater intensity, since it is in fact necessary, and in others that the restrictions that can impose legislative or judicial powers could be more easily tolerated;Not everything that is expressed deserves the same degree of protection. Freedom of expression protects not only the substance of information and ideas, but also the way or tone in which they express themselves. The protection of this freedom includes the manifestation of ideas, from those that are favorably received to “undesirable opinions or expressions” that offend, disturb or disturb the State or any sector of society, which cannot be excluded since it would be to restrictFreedom of expression. The European Court of Human Rights says that “freedom of expression… is applicable not only to information or ideas that are received favorably or considered harmless or object of indifference, but also those that offend, collide, bother the State or a sector of a sector ofthe population. Such are the demands of pluralism, tolerance and mental openness without which there is no democratic society ”.
The exercise of freedom of expression is guaranteed thanks to the prohibition of censorship, which implies that the State cannot submit freedom of thoughts and ideas of people to be necessary to express them, you have to resort to authority. However, as we have previously appointed, the prohibition of censorship does not mean that freedom of expression is an absolute right, what cannot be subject to control measures raised by various authorities.
Bibliography
- 2020 Legal Encyclopedia. (May 7, 2019). Freedom of expression according to legal encyclopedia. Retrieved on December 14, 2019, from Encyclopedia-Juridic: http: // www.Encyclopedia-Juridica.com/d/freedom-of-expression/freedom-of-expression.htm
- Espinar, j. G. (April 17, 2017). Art. 20 CE according to the Human Rights Foundation. Retrieved on December 14, 2019, from Humanian Rights Website.net: https: // www.human rights.NET/Constitution/ARTICLE20CE.htm
- Salmon, e. (April 29, 2018). Freedom of expression. Constitutional Law Encyclopedia. Retrieved on December 14, 2019, from LawyDech.Org: https: // lawyercho.Org/Libertad-De-Expression/
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