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Introduction

Eleanor Roosevelt and the Universal Declaration of Human Rights (1949)—Article 19 states that "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"

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Freedom of expression is recognized as a human right under article 19 of the Universal Declaration of Human Rights (UDHR) and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals".

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A 1947 propaganda comic book published by the Catechetical Guild Educational Society raising the specter of a Communist takeover
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. It also means "the practice of making unfair allegations or using unfair investigative techniques, especially in order to restrict dissent or political criticism." The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from 1950 to 1956 and characterized by heightened fears of communist influence on American institutions and espionage by Soviet agents. Originally coined to criticize the anti-communist pursuits of Republican U.S. Senator Joseph McCarthy of Wisconsin, "McCarthyism" soon took on a broader meaning, describing the excesses of similar efforts. The term is also now used more generally to describe reckless, unsubstantiated accusations, as well as demagogic attacks on the character or patriotism of political adversaries. During the McCarthy era, thousands of Americans were accused of being communists or communist sympathizers and became the subject of aggressive investigations and questioning before government or private-industry panels, committees and agencies. Many people suffered loss of employment and/or destruction of their careers; some even suffered imprisonment. Most of these punishments came about through trial verdicts later overturned, laws that would be declared unconstitutional, dismissals for reasons later declared illegal or actionable, or extra-legal procedures that would come into general disrepute. The most famous examples of McCarthyism include the speeches, investigations, and hearings of Senator McCarthy himself; the Hollywood blacklist, associated with hearings conducted by the House Un-American Activities Committee (HUAC); and the various anti-communist activities of the Federal Bureau of Investigation (FBI) under Director J. Edgar Hoover. McCarthyism was a widespread social and cultural phenomenon that affected all levels of society and was the source of a great deal of debate and conflict in the United States. Some conservatives regard the term as inappropriate and deprecate what they say are myths created about McCarthy.

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John Marshall Harlan II
John Marshall Harlan (1899–1971) was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911. Harlan was a student at Upper Canada College and Appleby College and then at Princeton University. He continued his education at Balliol College, Oxford. Upon his return to the U.S. in 1923 Harlan worked in the law firm of Root, Clark, Buckner & Howland while studying at New York Law School. Later he served as Assistant U.S. Attorney for the Southern District of New York and as Special Assistant Attorney General of New York. In 1954 Harlan was appointed to the United States Court of Appeals for the Second Circuit, and a year later president Dwight Eisenhower nominated Harlan to the United States Supreme Court following the death of Justice Robert H. Jackson. Harlan is often characterized as a member of the conservative wing of the Warren Court. Justice Harlan was gravely ill when he retired from the Supreme Court on September 23, 1971. He died from spinal cancer three months later, on December 29, 1971. After Harlan's retirement, President Nixon appointed William Rehnquist to replace him.

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