Freedom of expression is perhaps the most fundamental and universally acknowledged freedoms in the world. Democracies are based on the idea of allowing anybody to freely express their views and such space maintains human dignity. The very first United Nations convention unanimously agreed adopt Article 19(2) of International Covenant on Civil and Political Rights (ICCPR) which guarantees as humans the right to freely express their opinion (Mendel, 2). The United States has enshrined the freedom of expression in the constitution. Americans value the fact that expressing themselves has been one of the cornerstones of the American society. However, in the recent past this right seems to have been overexploited. There are several reported cases where some persons have expressed their opinion in a derogatory manner leading to unexpected reaction from the insulted individuals. It began in Denmark where a cartoon was published in one of daily newspapers. The cartoon was offensive towards the Islamic religion. Was ensued was protests from the Muslim world towards the west. Further, such insulting expression has emerged in the recent past where a short film was posted online insulting the Islamic faith. The reactions from the Muslim community were as expected. Riots and burning of flags and effigies representing the United States were witnessed all over the world. Some analysts argue that the recent bombing of the United State consulate in Benghazi Libya was a result of the said film. Thus, while freedom of expression may be the cornerstone of a democracy, are there limits to it? To what extent does the law restrict freedom of expression? Is it okay to insult religious figures such as Mohamed of Islam or Jesus Christ of Christianity? What is the responsible thing expected of everyone if we are all expected to live in harmony and cohesion? This research paper seeks to explore the limits, both social and legal, that should be pegged on freedom of expression.
Legal views
The right to expression has been protected by the First amendment of the United State constitution (Henry,1). Every court of law in the United States has the duty to uphold this right as one of the fundamental freedoms protected by law. According to such argument ridicule or insult directed at religious figures seem not to be limited. The right to denounce and argue against a religion is very much within legal purview and no one can be arrested for such actions.
However, while the courts may find freedom of expression fundamental, several judicial precedence point to the fact there are limits when it comes to freedom of expression. One of the vital limits to freedom of expression is that such opinion should not direct at creating violence. In Chaplinsky vs New Hampshire (1942), the United States Supreme Court unanimously held that if any expression as used in plain language calls for a violent response on fellow men, such a expression will be deemed to have been illegal (Henry, 8). In many instances, several people have called upon others to wage war against fellow men. The US Supreme Court argued that words which can be classified as ‘fighting words’ go against the constitution and therefore cannot be accepted. In the same regard, if insults directed at religious figures call for violence, such expression is not protected by law.
The Supreme Court has also restricted obscenity in expression. According to Miller v. California in 1973, the Supreme Court argued that expressions of obscenity do not enjoy the protection under the purview of freedom of expression (Henry, 2). Adler argues that much dispute may arise from defining the term obscenity. The supreme court, in expression its verdict, further sort to clarify the definition of the obscenity. In a three-part test now referred to as the Miller test, the Supreme Court argued that obscene is:
Any work of expression that, in community standard, appeals to prurient interest
Any expression that depicts sexual conduct in an offensive way and,
The work, taken as whole, lacks any backing of art, literacy or scientific value.
The Supreme Court directs that an act can be said to be obscene if all the three conditions as stated above are met. Therefore, if a ridicule or insult directed at a religious figure is found to be obscene, such expression is not protected by the law. Point in case is the Danish cartoon that caused much uproar around the world. The obscene depiction in the cartoon was quite insulting to the all communities without regard to religion.
Social views
The concept of religion is quite multifaceted and a matter that is central to most communities. Religion can be defined as a unified belief in some superior power beyond the ability and comprehension of ordinary men. Such belief in the unknown and unseen has defined several societies for ages. Wars and conflicts have been waged in the name religion the most common war being the campaign in the Middle Ages. European nations waged war against non-Christians claiming that they were infidels and should be eliminated. In similar recap, terrorism in the name of Jihad has emerged and is causing much concern. To this end, religion can be viewed as an emotive issue that needs to be respected.
The United States constitution accords every citizen the right to any religion. The constitution allows all religions of all kinds and there are no restrictions towards practicing religion as long as it is within the law. Additionally, the constitution prohibits Congress from making legislation that could declare a religion the preferred religion for the country. In this regard, the concept of religions is acknowledged by the country and is given much respect. Thus what social responsibility lies with every individual with regard to freedom of speech and religion?
According to the Human Rights Education Associates there lies an inherent responsibility to restrict speech that would evoke negative feelings with regard to religion. Unreasonable, angry and ill informed sentiments may stir negative and sectarian response. If insults are directed at different religious figures, it might result in exchanges likened to mud-slinging. In some instances, religions that may appear to be competition may end in violence and protracted sectarian wars.
A good example of undesired outcome of religious insults and sectarian violence is in Nigeria. Northern Nigeria has experienced protracted sectarian violence between Muslims and Christians. The violence has killed several people with the government struggling to maintain order. It can therefore be argued that offensive speech directed at religious figures has far reaching implications. Decent could arise leading uncivilized societies defined by religion devoid other freedoms such democracy and peace .
This inherent responsibility to respect other religion has been magnified by the spread of information technology. Nations and continents are now closer due to the internet. Information seems to disseminate across continents at very fast pace beyond the reach of governments. Adler argues that while the it might not be an issue to ridicule religious figures within the United States, such expressions reach other nations and may cause much uproar. This further deepens the negative perception that most ‘non-Christian’ nations already have towards the US.
Conclusion
The idea of free speech is one of the determinants of a progressive society. Democracies and the human fraternity value ideals that allow every individual to have the opportunity to express opinion. Constitutions and other legal documents have enshrined the freedom of speech or expression as one of the fundamental rights. A United Nations treaty considers freedom of expression to be vital. In all, the right to express opinion is a basic right that courts and law enforcing bodies assure citizens. When it comes to expressing insulting remarks towards religious figures, there are no legal instruments that may deter an individual as long as such expression is within the law. Either, the United State government does not limit the extent to which individual may express opinion with regard to religion. However, there is an inherent social responsibility towards respecting the religion of others. Insulting religious figures could as well be viewed ads insulting the faith and beliefs of an individual. For the sake of cohesion and good will among men it is inherent on everyone to let religion be. While it is okay to either criticize or reprimand other religion, expressing such opposition in a derogatory manner, is in my opinion, both repugnant and ill informed. What one considers sacred should be left as so.
Works Cited
Adler, Margot. Weighing the Limits of Freedom of Expression. 25 October 2006. 21 October 2012
freedomforum.org. Limits of Freedom of Speech. 2010. 21 10 2012
Henry, Cohenm. Freedom of Speech and Press: Exceptions to the First Amendment. http://www.fas.org/sgp/crs/misc/95-815.pdf. Washington DC: Congressional Research Service, 2009.
Human Rights Education Associates. Freedom of Expression. 2012. 21 10 2012
Mendel, Toby. "Restricting Freedom of Expression: Standards and Principles; Background Paper for Meetings Hosted by the UN Special Rapporteur on Freedom of Opinion and Expression." http://www.law-democracy.org/wp-content/uploads/2010/07/10.03.Paper-on-Restrictions-on-FOE.pdf. 2011.
