The Regulation of Free Speech - Research Paper Example

The Regulation of Free Speech: Why it should not be done Introduction: This paper focuses the aspects of regulating the free speech in the current context of international politics. This paper shall envisage whether the implementation of a regulation policy on free speech in a necessary aspect in the growth of freedom or not. This paper shall focus on the importance of free speech and shall give ideas for not implementing a scheme to regulate the same. Definition: Free Speech is defined as the following: “The right to express any opinion in public without censorship or restraint by the government.” In essence, the concept of free speech propagates that every man and woman should have the ultimate freedom to say what he wants in the way he likes and whenever he wants without any interference by the Government in place at that time. It is that right of the people which guarantees them the right to speak along with the right to express their views without any encumbrances or inhibitions whatsoever. The concept of free speech emancipated from the times of the Greek where it was considered a noble duty on the part of the Government to provide this right to the people. However, as always, the people had to face regulation and it hampered the teachings of Aristotle who was abused as a tyrant spreading wrong knowledge and information among the people. Freedom of speech and expression forms an important part of our human rights. If this is snatched away or controlled by the Government in quantities only they decide then it will not only dampen the spirits of the people it will also result in the failure of democracy. Free Speech an important component of democracy: Free speech has been an important concept in the survival of any democracy. It is that idea which lets people voice their opinions of the Government, which is in place on the basis of their votes. As we all know, democracy is Government of the people, for the people and by the people. However, this is an ideology, which needs teeth in implementation, and free speech is that marker which allows the people to relate themselves to the democratic Government. For any democracy to thrive, it is imperative that people are allowed to speak and direct their views on the performance of the Government so that the Government in turn listens to them, and implements the ideas propounded by the people in a constructive manner. However, the most important question in this research paper is whether regulation will maintain the sanctity and the potency of free speech? This shall be answered in the following part. Regulation of Free Speech: To what extent The first amendment of the US Constitution states the following: “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 to peaceably assemble, and to petition the government for a redress of grievances.” It is clear that the US Constitution prohibits the Congress to make any law, which abridges free speech in the country. For the sake of the paper, it is important to be able to understand the difference between abridgment and regulation. Abridgment means the curtailment, shortening the rights and privileges of an individual. Regulation, on the other hand, means to control and contain in situations wherever necessary. There is no doubt that regulation of free speech would result in some or the other curtailment, however, is it good or bad for the society? There is no definite answer to this question. But there is a path towards which the society needs to move in order to maintain the spirit and sanctity of the right along with protecting the emotions of individuals out there. The only sort of protest or issues raised is when the right is used in an extent to which the emotions, religious sentiments of a certain group, minority or any other individual is hurt and damaged. Free speech cannot extend to that level where it hurts the sentiments of innocent people. It cannot become a weapon of innocent destruction. However, it is also necessary to imply what exactly are innocent emotions, and to make sure that in the garb of innocent emotions, strong religious groups, or other organizations do not take advantage of the embargo put in place for the protection of innocent emotions of individuals, groups or societies. This is the most crucial and fundamental challenge to the regulation of free speech. Regulation of free speech should not cross the borderline of the essence of free speech as it is. The thought must remain raw and it should not be tampered with under any case of circumstances. Form of Regulation: This part of the paper shall discuss the way in the way free speech can be regulated. Sure, it is an understood thought that there is always a need for regulation and controlling the freedom of speech and expression; however, one cannot be mistaken for confusing the regulation with a sense of putting an embargo or a restrain upon the freedom of speech and expression of an individual. Regulation of free speech has to be handled very carefully, since there is a very fine line of balance between regulation and exercise of restraint. This chapter shall focus on the best way of regulating free speech in order to prevent the voices from not getting heard in the right direction. The law for regulation for free speech should be passive in nature and should not put any restrain whatsoever in the way people exercise their right to free speech. The law should state it clear that there shall be no restraint to free speech, however, in cases and circumstances where weak emotions need to be protected in those circumstances the law should regulate the right to free speech. The real need for the regulation of free speech is to demarcate that right from ‘hate speech’ “the term “hate speech” shall be understood as covering all forms of expression which spread, incite, promote or justify racial hatred, xenophobia, anti- Semitism or other forms of hatred based on intolerance, including: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin.” Hate Speech is the form of spreading negativity into the minds of the people by using the wrong form of language. It is a way of expressing one self but in the right and correct opinion of freedom of speech and expression it stands valid. Understanding from the above passage, hate speech is the form of expression, which incites a particular group of people, individual, community or any other identity in terms of spreading negative emotions, bad vibes, and other inciting emotions which hurt the deepest sentiments, emotions, feelings of such individuals. Therefore, it is important to regulate the use of free speech to make sure that it does not turn into any form of hate speech whatsoever. The law should regulate freedom of speech by not diminishing the right to free speech and at the same time making sure that anyone and everyone who indulges in this form of hate speech does not go unpunished. This is a fundamental aspect of free speech. By free speech one does not mean that there exists an absolute right to say whatever comes to an individual’s mind. It is imperative on the part of people to understand that free speech is not a free weapon of emotional destruction in the form of hate speech. And this is the most challenging part behind the regulation of free speech. Conclusion: To conclude, the writer points out that in the crux of all the right and freedom, it is important to note that people should grow up more and not get emotionally hurt over the remarks made by other party. In essence, each and every person should respect the right as granted by the State. Freedom of speech and expression is a very powerful and strong right given to the people of the State, and it is in their hands to make full use of the right and not diminish the spirit in which it was given to them by indulging tin hate speeches of different kinds. It is pertinent to note that at the end of the day it is in the people’s hands to regulate the right for themselves, and the Government, the State are all secondary instruments in the regulation of such rights and freedoms ads guaranteed to the people by their respective Constitution. Being a responsible citizen is the most crucial aspect in any democracy, and respecting the freedom of speech by personal regulation is a hallmark of a successful democracy. References http://book.coe.int/ftp/3342.pdf http://www.szasz.com/undergraduate/leathermanpaper.htm http://www.mediatrips.com/media-regulations/regulations-for-freedom-of-speech-and-expressions.html http://www.thefreedictionary.com/free+speech Read More