is that it is essential to the discovery of truth. Oliver Wendell Holmes Jr. and Louis Brandeis , famous lawyers U.S., coined the argument marketplace of ideas. According to this analogy with the free trade , the truth of an idea is revealed in its ability to compete in the market. That is, being on equal footing with other ideas (freedom of expression), people will appreciate what ideas are true, false or relative. This argument has been criticized for assuming that any idea would fit in the marketplace of ideas. And yet you have more ideas the media impose on others, regardless of the truth. The alternative to this weakness in the marketplace of ideas would be the persecution of falsehood. But this presents its own weakness, how to know if it is right if it pursues the dissenting opinion? Even if we could be certain of the truth of an opinion, the existence of dissenting views allowed to test, and founded to keep alive the true and prevents it from becoming a dogma or prejudice unfounded. The truth is that this metaphor be misleading, and Mill did not compare the freedom of expression in a market. In
On Liberty ( 1859) appealed to the freedom to present and discuss the purpose of knowledge. This implies an implicit rules of conduct to ensure mutual respect among the speakers.
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" reads: "Everyone has the right to freedom of opinion and expression: this right includes freedom to hold be right to hold opinions without interference and to receive information and ideas through any media and regardless of frontiers, by any means of expression. " The" American Convention on Human Rights or Pact
San José de Costa Rica ", 1969, Article 13. says: " Freedom of thought and expression. 1. Everyone has the right to freedom of thought and expression. This right shall include freedom to seek, receive and impart information and ideas through any media regardless of frontiers, either orally, in writing or in print or art, or through any other media of his choice and taste 2. The exercise of the rights provided in the foregoing paragraph shall not be subject to prior censorship, but to subsequent liability, which shall be expressly established by law and are necessary to ensure:a) Respect the rights or reputations of others, or
b) The protection of national security, public order, health or morals.
3. You can not restrict the right of expression by indirect means, such as the abuse of government or private controls over newsprint, radio frequencies or equipment used in information dissemination or other means tending to impede the communication and circulation of ideas and opinions.
4. Public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence, without prejudice to the provisions of paragraph 2.
5. Shall be prohibited by law, any propaganda for war and any advocacy of national, racial or religious hatred that constitute incitements to violence or any other similar action against any person or group of persons on any grounds including those of race , color, religion or national origin. "
The prohibition of propaganda for war, is also enshrined in the"
International Covenant on Civil and Political Rights
. Moreover, other rights and freedoms (or "rights to freedom of ...", eg right to freedom of assembly, demonstration, exercise of religion, etc) together with the right to freedom of expression. Thus the right to freedom of expression is not an absolute or unlimited, nor is any other right or freedom. Each right or liberty (right to freedom .. .) has an area of \u200b\u200bdevelopment and compression, and each person exercising a right, must act within the scope of development and understanding of that right. Act beyond this area is not acting within the law, but outside it, with the possibility that acts as raping, abusing or trample the rights of others, and is more serious when it comes to human rights
of people. The limit to the human right of freedom of expression, is given by respect for other people's human rights. Concordant with this, the American Convention on Human Rights, states in its Article 11: "protection of honor and dignity. 1. Everyone has the right to respect for his honor and recognition of their dignity.
2. No one shall be subjected to arbitrary or unfair in your life private, his family, his home or correspondence, nor to unlawful attacks on his honor or reputation.
3. Everyone is entitled to the protection of the law against such interference or attacks. "
And the Art.14 of the Convention enshrines the" right of reply, said:
"right of reply.
1. Anyone injured by inaccurate or offensive statements injury through media legally regulated and targeted to the general public is entitled to perform the same communications outlet correction or response under the conditions established by law.
2. In no case correction or reply exempt from other legal liabilities that have been incurred.
3. For the effective protection of honor and reputation, any publication or media company, film, radio or television will have a responsible person who is not protected by immunities or special privileges
."... According to the Organization Forum Liberty, legal systems and society at large, recognize limits on freedom of expression, particularly when freedom of expression conflicts with other values \u200b\u200bor rights. Limitations on freedom of expression can follow the "harm principle "or the" principle of crime ", for example in the case of pornography or hate speech." Limitations on freedom of expression can occur through legal sanction and / or social disapproval.
A member of the Baptist Church Westboro has been specifically prohibited them from entering Canada for hate speech.
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