The Greater Freedom - Essay Example

The Greater Freedom The Greater Freedom Freedom of expression is one topic that has received various reactions and interpretation in the United States as well as other countries. Expression of oneself is fundamental in pursuit of participation in public affairs and recognition. It is a common practice in all the democracies across the world as it is entrenched in most constitutions. Freedom of expression entails a series of rights by individuals and organizations. These include the right of speech, rights of the press, the right to assemble, the right to petition the government, and the right to belong to a religious or another legal group (Legal Information Institute, 2015). Therefore, in the development of any constitution, it is imperative to include the freedom of expression in the bill of rights. This research will attempt to cover the following questions comprehensively: “What is the best way to involve the citizens in governance issues?”And “How will the law be inclusive of the different cultures in the nation?” these questions are essential in the making of new laws since they seek to emphasize on democracy, a leadership style in which the majority rule by, but the minority should not discriminate against based on their choices. In fact, the minority should have an equal chance in the airing views and grievances. However, according to Bleich (2014), it is a matter of individual responsibility of the people in charge of constitutional interpretations to define what’s best in the case of conflict given a set of prevailing conditions. To address the intricacies arising from the freedom of expression, several considerations will be put in place. To begin with, the influence of the political class on judicial proceedings will be limited or completely prohibited. In China, Woodman (2015) asserts that the freedom of expression is accorded selectively depending on the social standing or due to the subjectivity of a powerful political figure. The judiciary is thus not autonomous, and prevalence of justice is sabotaged. Secondly, the government will be held accountable through democratic platforms. Margaritis (2013) illustrates how Greece protects the presidency against criticism by all means regardless of the position of the country. The author postulates that such provisions ought to be overturned to allow critics to express their opinions about the leadership of their country legally. Lack of questioning or critique of the government breeds corruption and other dubious deals whose burden and effects are borne by the citizens. At the very least, these two approaches and foreign precedents are fundamental in strengthening the freedom of expression. Also, it will be beneficial to carry over the First Amendments into the new nation. This is because the amendments were made at a time when the United States was experiencing a lot of turbulence due to the then government’s discrimination against those who defied its rulings no matter how weird they were. It was during this period that the people were allowed to be affiliated with their religious groups of choice, and speak freely unless in the case of slander or malice. However, this freedom of expression will be under certain limitations that will include obscenity, advertisement of harmful substances, offensive symbolic expressions, and inappropriate music. This will be in the quest to enhance morality that is an essential ingredient in any society. Still on government’s accountability, the media shall have the right to publish any story on paper, visual, or audio media provided the content is not malicious, slanderous, or used to incite. Moreover, the media shall not operate under the direct control of a politician or any other state officer to protect the fundamental rights of the press. Oliphant (2013) recognizes that the media is the avenue through which the public receives information regarding the performance and operations of public institutions. More so, he claims that press freedom plays a complementary role to the freedom of expression, hence few limits, if any, can be put against it. However, he disputes that the media in Canada should have the absolute freedom to air any story from anywhere without oversight. Therefore, an independent body will be necessary to monitor the stories covered in all media to ensure the government is stable concerning media input. On the same breadth of media, since America is a technological hub, the freedom of expression law will incorporate the code of conduct for digital communication. Every person of legal age will be allowed to use the internet, or other relevant online system, to communicate and express their opinions, grievances, and emotions. However, in the event of cyberbullying or other forms considered offensive to a particular individual, this freedom will be limited, and the offender be held liable for any damage or loss due to their actions. As lucidly posited by Brown (2014), social media indecency is illegal and as such attracts legal actions as per the Communications Decency Act. The right of religion will be guaranteed and will allow everyone to worship what they believe in. There will be no prejudice towards anyone based on religion. Emphases on this rule will be to avoid extremism and other outrageous conduct that emanate from religious differences. In the modern world, the youth in some countries, such as Iran and Pakistan, have been radicalized into killing and execution of terrorist attacks due to the conviction that the troubles of the earth are caused by anyone not affiliated with their religion. However, this ideology is misplaced according to Knox (2014) who posits that it is the responsibility of the government to ensure there is religious tolerance. This is an ingenious way of averting violence and repression that are detrimental to the development of any country. In conclusion, it is clear that the freedom of expression is such a complex component of the bill of rights. A comprehensive compilation of its elements would involve settling on compromise and finding trade-offs among the various entrenched rights and their respective limitations based on the several precedents as well as expertise. This would be instrumental in ensuring a cementation that actively participates in the formulation of policies and keeps check on the governance process. References Bleich, E. (2014). Freedom of Expression versus Racist Hate Speech: Explaining Differences Between High Court Regulations in the USA and Europe. Journal of Ethnic and Migration Studies. 40(2): 283–300. http://dx.doi.org/10.1080/1369183X.2013.851476 Brown, E. (2014). Internet Law in the Courts.Journal of Internet Law. 18(6): 24-27 Legal Information Institute. (2015). First Amendment. Retrieved from https://www.law.cornell.edu/wex/first_amendment Margaritis, K. (2013). Historical Development of Constitutional Limitations on the Freedom of Expression in Greece.Journal of Yasar University. 29(8): 4917 – 4932. Oliphant, B. (2013). Freedom of the Press as a Discrete Constitutional Guarantee.McGill Law Journal. 59(2): 285-336. Thames, K. (2014). Religious Freedom as a Counter-Extremism Tool.Vital Speeches of the Day. 80(5): 171-174. Woodman, S. (2015). Segmented Publics and the Regulation of Critical Speech in China. Asian Studies Review. 39(1): 100–118. http://dx.doi.org/10.1080/10357823.2014.991271 . Read More