{"id":3647,"date":"2020-11-25T15:29:32","date_gmt":"2020-11-25T15:29:32","guid":{"rendered":"https:\/\/revolutionsincommunication.com\/law\/?page_id=3647"},"modified":"2026-01-13T17:57:15","modified_gmt":"2026-01-13T17:57:15","slug":"firstamendment","status":"publish","type":"page","link":"https:\/\/revolutionsincommunication.com\/law\/firstamendment\/","title":{"rendered":"US & human rights worldwide"},"content":{"rendered":"

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\"Reporters<\/a>

RSF 2025 Press Freedom Index<\/p><\/div>\r\n

In the United States of America,<\/strong> the legal guarantee of freedom of expression is found in the First Amendment to the Constitution. \u00a0<\/p>\r\n

It has six major clauses; two concerning religion, and one each in the areas of speech, press, assembly and petition:<\/p>\r\n\r\n\r\n\r\n

Congress shall make no law respecting an\u00a0 establishment of religion, or\u00a0 prohibiting the free exercise thereof; or\u00a0 \u00a0abridging the freedom of speech, or\u00a0 of the press; or\u00a0 the right of the people peaceably to assemble, and\u00a0 to petition the government for a redress of grievances.\u00a0<\/em><\/span><\/p>\r\n\r\n\r\n\r\n

These six principles of freedom are just as important now as they were when the states ratified the First Amendment in 1791.\u00a0<\/p>\r\n

Although details of the First Amendment have been subject to some interpretation, the basic\u00a0 principles and court decisions are “blackletter law”\u00a0 — that is, they are so clear and so well supported by a string of important cases that they are beyond dispute. \u00a0 The most important among these cases is New York Times v Sullivan,\u00a0 a 1964 case in which the Supreme Court said in its unanimous opinion:\u00a0<\/p>\r\n\r\n\r\n\r\n

We [have] \u2026 a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.\u201d<\/em>. \u2014 New York Times v Sullivan<\/a><\/span><\/p>\r\n

But if, as the First Amendment says, Congress shall make no law,<\/em> how are differences to be resolved? How do we balance rights under the US Constitution?<\/p>\r\n

The answer has been that the federal court system serves as the primary\u00a0 interpreter of\u00a0 constitutional law.\u00a0 Congress, the executive branch, and state courts have a secondary role. This means that decisions of the federal courts (especially the US Supreme Court) are the primary resources in the study of Constitutional law.\u00a0\u00a0<\/p>\r\n

For example,<\/strong> if someone accuses a journalist or news organization of libel (defamation), the first point of reference will be similar cases already decided by the US Supreme Court. So we look for the most significant libel case that is still \u201ccontrolling.\u201d For libel, this would be the NY Times v Sullivan case and the subsequent cases that refined the \u201cSullivan standard.\u201d (We’ll learn more about this in the section on libel in this course).\u00a0 \u00a0 \u00a0 \u00a0\u00a0<\/p>\r\n

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Where human rights are respected\u00a0<\/strong><\/h3>\r\n

\u2022 Many other countries\u00a0<\/strong>are also committed to freedom of religion, speech and press, and many have their own foundational human rights documents and guarantees.\u00a0<\/p>\r\n\r\n\r\n\r\n

The most significant international document is the Universal Declaration of Human Rights.<\/a> <\/strong>Article 19:<\/p>\r\n\r\n\r\n\r\n\r\n\r\n

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.\u00a0<\/em><\/p>\r\n\r\n\r\n\r\n

And Article 18 says:\u00a0\u00a0\u00a0Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.<\/em><\/p>\r\n\r\n\r\n\r\n

The European Convention<\/strong> for the Protection of Human Rights and Fundamental Freedoms,<\/a> Article 10,\u00a0is also very significant:<\/p>\r\n\r\n\r\n\r\n\r\n\r\n

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers\u2026\u00a0 \u00a0\u00a0
<\/em><\/p>\r\n

African Charter on Human and Peoples’ Rights\u00a0<\/a><\/strong><\/p>\r\n

.. include the right to freedom from discrimination\u00a0(Article 2 and 18(3)), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the\u00a0right to a fair trial\u00a0(Article 7 and 25),\u00a0freedom of religion\u00a0(Article 8),\u00a0freedom of information and expression\u00a0(Article 9),\u00a0freedom of association\u00a0(Article 10),\u00a0freedom of <\/a>assembly\u00a0(Article 11),\u00a0freedom of movement\u00a0(Article 12), freedom to\u00a0political participation\u00a0(Article 13), the\u00a0right to property\u00a0(Article 14), and the\u00a0right to resist\u00a0(Article 20).<\/em><\/p>\r\n

The Inter-American Human Rights System<\/a><\/strong>\u00a0\u00a0<\/p>\r\n

… has played a critical role in rolling back the vestiges of authoritarianism in Latin American legal codes and thus consolidating the transition to democratic forms of government.\u00a0<\/em><\/p>\r\n

The Canadian Charter of Rights and Freedoms<\/a><\/strong> \u00a0<\/p>\r\n

Protects freedom of expression and the right to equality …\u00a0 \u00a0<\/em><\/p>\r\n

The Constitution of Japan\u00a0<\/a><\/strong><\/p>\r\n

… provides for freedom of speech and of the press. In theory, an independent press, an effective judiciary, and a functioning democratic political system combine to ensure freedom of speech and of the press.\u00a0<\/em><\/p>\r\n

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Where human rights are not respected\u00a0<\/h3>\r\n

\u2022 \u00a0Not every country respects human rights. \u00a0<\/strong>While \u00a0guarantees of free religion,\u00a0 speech,\u00a0 and press are the foundation of international law, they are not accepted in some countries.\u00a0<\/span><\/p>\r\n

Two non-governmental organizations that measure respect for free speech and press are\u00a0 Reporters Without Borders and Freedom House. \u00a0According to the RSF \u00a0press freedom index<\/a>, the US has only a “satisfactory” rating, while\u00a0 the World Press Freedom<\/a> report by Freedom House, gives the US has a top rating.\u00a0 \u00a0\u00a0<\/span><\/p>\r\n\r\n\r\n\r\n\r\n\r\n

This is in sharp contrast to the \u00a0“very serious” situation in Russia, China, Saudi Arabia, \u00a0and other countries, where the press is rated “not free” in the Reporters Without Borders world press freedom index.\u00a0 \u00a0 \u00a0 \u00a0<\/span><\/p>\r\n

In China,<\/strong> the basic idea of freedom of speech is endorsed in its Regulations on the Administration of Publishing<\/a> (2001.12.25) but within very strict limits.\u00a0\u00a0<\/p>\r\n

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The people’s government at each level shall guarantee the citizens to exercise the right of freedom of press in accordance with the law.
Any citizen must, when exercising the right of freedom of press, abide by\u00a0 the Constitution<\/a> and laws, and must not object (to) the basic\u00a0 principles determined in the Constitution<\/a>\u00a0or damage the interests of the State,<\/span> <\/strong>the society or the collective, or the lawful freedoms and rights of other citizens.<\/p>\r\n<\/blockquote>\r\n

\u00a0This is why Chinese dissident Liu Xiaobo<\/a>, who won the 2010 Nobel Peace Prize, died in 2017 after spending years in country’s jails. This is why Jimmy Lai\u00a0 <\/a>\u00a0publisher of Hong Kong’s Apple Daily, was convicted of treason<\/a> in December, 2025, and was expected to be sentenced to life in jail.\u00a0<\/p>\r\n\r\n\r\n\r\n\r\n\r\n

Chinese authorities have jailed<\/span><\/a> more than 1,500 political other prisoners since 2019 in\u00a0 <\/span>Hong Kong which was once a thriving democracy under the\u00a0 “one China, two systems” policy.\u00a0 That was finally\u00a0 crushed in 2023.<\/a> \u00a0<\/p>\r\n

Saudi Arabia<\/strong> is another example of an absolute dictatorship in constant\u00a0 violation of the UN Declaration of Human Rights.\u00a0 The international rights group\u00a0 Amnesty International reports that the Saudis periodically stage mass executions of dissidents<\/a> following trials that are grossly unfair to defendants. \u00a0 Any criticism of the country, its policies, its rulers or its traditions can lead to\u00a0 \u00a0torture or execution — a stand reaffirmed by a\u00a0 \u201cRoyal Decree\u201c<\/a> April, 2011. Meanwhile, dissidents outside the country are routinely kidnapped and assassinated.\u00a0 \u00a0(See BBC’s “Saudi Arabia’s Missing Princes.” \u00a0(Aug. 17, 2017)\u00a0<\/a>\u00a0\u00a0and coverage of the assassination of Jamal Khashoggi<\/a> in October 2018).\u00a0 In August, 2024, Saudi-US citizen Abdulaziz al-Muzaini, creator of the Masameer<\/a>\u00a0 \u00a0animated cartoon for Netflix, was sentenced to 13 years in prison<\/a> on trumped- up charges.\u00a0 \u00a0\u00a0 \u00a0 \u00a0\u00a0<\/p>\r\n

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MONEY CANT BUY EVERYTHING: In October, 2019, Houston Rockets manager Daryl Morey tweeted in support of Hong Kong freedom protesters. The tweet may have cost the NBA billions of dollars. But what about the greater cost if free speech is repressed in the US as it is in China? And why do American golfers and other athletes get a free pass when they travel to Saudi Arabia? The controversy illustrates the increasingly global nature of free speech issues.<\/p><\/div>\r\n

Russia<\/strong> —\u00a0 Although the Russian constitution has an article expressly prohibiting censorship, in reality censorship is a constant factor in the life of the Russian media, according to the US-based Wilson Center<\/a>. In addition to loss of employment and possible prison sentences, a long list of Russian journalists have been assassinated.<\/a> \u00a0 One example:\u00a0 Russian dissident Alexei Navalny\u00a0 produced a set of videos attacking the \u201cincessant marathon of disgraceful propaganda, lies, and censorship\u201d that was found on Russian television. One of Navalny\u2019s videos gave a tour of \u201cPutin\u2019s palace,\u201d which he dubbed \u201cthe world\u2019s largest bribe\u201d (Ling, 2024). Navalny\u2019s death in a Russian prison in February\u00a0 2024 was followed with protests from human rights groups and Western governments. In July, 2025, the Russian parliament approved a bill criminalizing online searches<\/a> for “extremist” information, including Navalny and anything relating to LGBTQ information.\u00a0<\/p>\r\n

Belarus<\/strong> — A\u00a0 satellite state of Russia, Belarus is notoriously repressive.\u00a0 A Washington Post article July 9, 2022<\/a>, notes: “Danuta Perednya was an honors student at\u00a0Mogilev State University<\/a>\u00a0in Belarus when Russia began a military onslaught against Ukraine. On Feb. 27, just days after the invasion, she\u00a0reposted a text<\/a> in an online chatroom that harshly criticized Presidents Alexander Lukashenko of Belarus and Vladimir Putin of Russia for unleashing the war… She was arrested and … sentenced to 6\u00bd years in a penal colony \u2014 for simply expressing her views.” Belarus is “a dictatorship using terror and coercion against its own people to smother free speech and association” according to the Post.\u00a0\u00a0<\/p>\r\n\r\n\r\n

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Human Rights Non-Governmental organizations\u00a0<\/h3>\r\n