ABSTRACT

The right to speak freely is much disputed and misunderstood at a time when disrupted information channels foster polarization, distrust, deception, and open hatred. This chapter locates the notion of free expression within the broad frame of human rights—the idea that all people deserve to be treated fairly. The idea’s roots lay in diverse ancient traditions, became codified in national constitutions after liberal revolutions, and entered international treaties as a desired antidote to world wars. Rights charters feature prominent guarantees of freedom of speech. This fundamental freedom underpins human dignity and democratic participation but also carries destructive potential. It has, therefore, long been considered subject to reasonable limits under the so-called harm principle, whose scope continues to be debated and refined. News media (“the press”) have won additional legal protections whose purposes and increasing challenges will be investigated in following chapters.