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In making their criticisms known, people who object to certain ideas are exercising the same rights as those who created and disseminated the material to which they object." [1] The first amendment right to voice opinions and persuade others—both for the exclusion and inclusion of content and concepts—should be protected.
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
the right to seek information and ideas; the right to receive information and ideas; the right to impart information and ideas; International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms. This ...
To respect and protect it shall be the duty of all public authority." Following the "Austrian System", the people have the right to appeal to the Federal Constitutional Court of Germany ("Bundesverfassungsgericht") if they feel their civil rights are being violated. This procedure has shaped German law considerably over the years.
Apart from bringing ease to the ego of a person, new knowledge and ideas also bring a hope for the future. [ 1 ] Freedom of thought is the precursor and progenitor of—and thus is closely linked to—other liberties, including freedom of religion , freedom of speech, and freedom of expression. [ 2 ]
Lysander Spooner (1855) argues that "a man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of ...
With the exception of non-derogable human rights (international conventions class the right to life, the right to be free from slavery, the right to be free from torture and the right to be free from retroactive application of penal laws as non-derogable), [114] the UN recognises that human rights can be limited or even pushed aside during ...