Freedom of Speech Podcast : Fos-1.mp3

Like the overwhelming majority of instances of freedoms and rights, freedom of expression is not a categorical right. It can be restricted by some qualifications including hate speech. Some Human Rights documents, including article 7 of the International Declaration of Human Rights (1948), Paragraph c of article 3 of the Convention on the Prevention of the Crime of Genocide(1948), article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and article 20 of International Covenant on Civil and Political rights(1966), prohibit and/or necessitate criminalization of hate speech. Hate speech is not formally defined in the literature of Human Rights. However, it is understood as any kind of communication in speech, writing or behavior, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are; in other words, based on their religion, ethnicity, nationality, race, color, descent, gender or other identity factors. (United Nations Strategy and Plan of action on Hate Speech). Some national legal systems are not open to limit freedom of speech by hate speech because it is potentially capable of jeopardizing freedom of speech. Islamic teachings seem to be in line with the permissibility of excluding hate speech from freedom of expression. Beyond Islamic justification for the inherent value of freedom, Islam values freedom of expression due to its fundamental role in truth discovery. Hate speech in many cases does not help truth to be realized, recognized and expanded. Instead, it develops enmity and even atrocity in human relationships which in their turn result in hiding truth. Moreover, due to some recognized values in Islamic value system like equality, peace, promotion of common good through communication and education, tolerance and moderation I will argue that Islamic teachings not only welcome exclusion of hate speech from freedom of expression, but also necessitate it. As long as hate speech concerns religious issues, it is prohibited when it raises hatred between followers of any faith and religion. This means that a Muslim can expect respect for his/her religious opinions when he/she respects other religions and faiths. Commitment to this approach necessitates some religious teachings and public customs and ceremonies of different faiths including Shiite Muslims to be reread and revised. The article, however, insists that hate speech should be distinguished from scholarly critique and qualification of freedom of speech should be along with a high level of sensibility, precision and precaution. This means that every single qualification of freedom of speech is only allowed when it is quite necessary.

"Should "freedom of speech" include any official persons' of the press knowingly misinforming the public"?  -Twitter@TomorrowToday13 

Abū Ḥāmid al-Ghazālī (d. 1111) in his Fayṣal al-tafriqa bayna al-Islām wa al-zanadaqa, offers one way as to how one navigates intra-Muslim disagreements on doctrinal issues. The question is whether Ghazālī offers some insight into how we can discuss freedom of speech from within Islamic parameters. Would a Ghazālian reading create some space for how one can hold strong views that are antithetical to the views of other individuals but yet still be part of one faith community. If there is space for legitimate disagreement within a single faith community, what insights does Ghazālī offer for multi-religious and politically plural communities? The idea of free speech is an essential element of cultures that aspire form of liberty and freedom in some form of liberal, socialist or any kind of democratic formation. Muslims find themselves in Western and in non-Western societies where this element of open and free conversation about difficult topics is a requirement of public discourse. Given the secular nature of liberalism and socialism, all topics including religious claims and beliefs are subject to public debate. Critique of religion or the challenge to religious pieties and symbols are part of such public discourse in democracies that foster free speech. The Muslim tradition (turāth) is embedded in a culture of obligation and duty rather than freedom. The idea of freedom is also different in multiple polities and is always subject to higher norms of duty and obligation. Freedom is not absolute but an aspirational goal, mediated by political and social realities. Often times, Muslim advocates make claims that the historical tradition allows for untrammeled freedom of expression and speech. This is not always accurate. There are certain boundaries and limits of expressing opinion historically such as the reverence for the Prophet of Islam, the sanctity of the Scripture, the sanctity of the imāms in the Shīʿī tradition, the honor of Companions for the Sunnīs, as well as for the founders of the law schools and other personages. Any free speech directed at some of these figures can generate charges of insult and blasphemy. Free speech in Muslim discourse is always trumped by some higher interests and principles. My paper will elucidate and discuss some of the issues drawing on the writings of Ghazālī.

Florida is all about being free these days, according to Gov. Ron DeSantis. He can’t say it often enough, it seems. He wrote a book he called “The Courage to be Free.” He’s called the state a “citadel of freedom.” His budget is called a “framework of freedom.” His inauguration speech used the word “freedom” 12 times — and the speech was only about 16 minutes long. But his words run counter to a lot of his actions and the actions of the state Legislature as they hand him as many “wins” as possible before he officially declares he’s running for president. They’re imposing all sorts of restrictions on freedom in Florida. From abortion and free speech — just ask Disney — to what’s taught in public schools, DeSantis and the Republicans running the state are intent on curtailing some rights to favor others. In this episode you'll hear from Editorial Board members Isadora Rangel, Luisa Yanez and Nancy Ancrum. Special thanks to WLRN studios in downtown Miami. Learn more about your ad choices. Visit megaphone.fm/adchoices