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Portal:Freedom of speech

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Introduction

Eleanor Roosevelt and the Universal Declaration of Human Rights (1949)—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 term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Freedom of expression is recognized as a human right under article 19 of the Universal Declaration of Human Rights (UDHR) and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). 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 (order public), or of public health or morals".

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Federal Building and U.S. Courthouse, Milwaukee
United States v. The Progressive was a 1979 lawsuit against The Progressive magazine by the United States Department of Energy (DOE). A temporary injunction was granted against The Progressive to prevent the publication of an article by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. The case was brought before Judge Robert W. Warren in the Eastern District of Wisconsin (Federal courthouse pictured). Though the information had been compiled from publicly available sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954. Because of the sensitive nature of the information, two separate hearings were conducted, one in public, and the other in camera. The defendants would not accept security clearances, and so were not present at the in camera hearings. The article was eventually published after the government lawyers dropped their case during the appeals process, calling it moot after other information was independently published. Despite its indecisive conclusion, law students still study the case, which tested the limits of the presumption of unconstitutionality attached to prior restraints.

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Bassem al-Tamimi worked as a schoolteacher in Nabi Salih
Bassem al-Tamimi (Arabic: باسم التميمي‎, born c. 1967) is a Palestinian activist and an organizer of protests against Israeli settlement construction in the West Bank. He was convicted by an Israeli military court in 2011 for "sending people to throw stones, and holding a march without a permit". A schoolteacher in Nabi Salih in the West Bank, al-Tamimi organizes weekly demonstrations against Israeli settlement. He has been arrested by the Israeli authorities over a dozen times, at one point spending more than three years in administrative detention without trial. Al-Tamimi advocates grassroots, nonviolent resistance, but has stated his belief that stone-throwing is an important symbol of Palestinian resistance to Israeli occupation. His 2011 arrest drew international attention, with the European Union describing him as a "human rights defender" and Amnesty International designating him a prisoner of conscience. He was arrested again in October 2012 for a demonstration in a supermarket, but released in early 2013.

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Elena Kagan
Elena Kagan, (Harvard Law Bulletin, 2005)

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