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    Freedom of Expression and Democracy

    This chapter focuses on the relationship between freedom of expression and democracy from both a historical and a theoretical perspective. The term ‘freedom of expression’ includes free speech, freedom of the press, the right to petition government, and freedom of political association. Eighteenth-century proponents of popular government had long offered democratic justifications for freedom of expression. The chapter then demonstrates that freedom of political expression is a necessary component of democracy. It describes two core functions of such expression: an informing and a legitimating one. Finally, the chapter examines the concept of ‘democracy’, noting various ways in which democracies vary among themselves, as well as the implications of those variations for freedom of expression. Even before democratic forms of government took root in the modern world.

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    Freedom of Expression and Democracy

    Ashutosh Bhagwat  and James Weinstein

    The Oxford Handbook of Freedom of Speech

    Edited by Adrienne Stone and Frederick Schauer

    Print Publication Date: Jan 2021

    Subject: Law, Human Rights and Immigration

    Online Publication Date: Feb 2021

    DOI: 10.1093/oxfordhb/9780198827580.013.5

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    In This Article Abstract and Keywords

    This chapter focuses on the relationship between freedom of expression and democracy from both a historical and a theoretical perspective. The term ‘freedom of expression’ includes free speech, freedom of the press, the right to petition government, and freedom of political association. Eighteenth-century proponents of popular government had long offered democratic justifications for freedom of expression. The chapter then demonstrates that freedom of political expression is a necessary component of democracy. It describes two core functions of such expression: an informing and a legitimating one. Finally, the chapter examines the concept of ‘democracy’, noting various ways in which democracies vary among themselves, as well as the implications of those variations for freedom of expression. Even before democratic forms of government took root in the modern world.

    Keywords: freedom of expression, democracy, democratic government, popular government, freedom of political expression, free speech, freedom of the press, freedom of political association

    Ashutosh Bhagwat

    Martin Luther King, Jr Professor of Law and Boochever and Bird Endowed Chair for the Study and Teaching of Freedom and Equality, UC Davis School of Law, Davis, United States

    James Weinstein

    Dan Cracchiolo Chair in Constitutional Law, Sandra Day O’Connor College of Law, Arizona State University, Phoenix, United States

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    Free press: definition and role in democracy I liberties.eu

    What does free press mean? How does it work? What is its purpose and role in a modern democracy? Why is it declining, what to do about it?

    DEMOCRACY & JUSTICE

    What Is Free Press, And How Does It Work? What Is Its Role In A Democracy?

    What does free press mean, how does it work, and what is its role in a modern democracy? We break down its importance, and why it’s under threat – even in the EU.

    by LibertiesEU

    November 09, 2021 Share

    What we read, hear and share everyday, whether reading through the daily newspaper in the morning or having a conversation with our friends, forms a central part of our democracy. Getting good information about the society we live in, and then having free and open discussions about how things are and how they should change, is the sort of dialogue that nurtures a strong democracy. And it all depends on having a free press.

    What is free press?

    When we say a country has a free press, we mean that its news outlets and other publications, even individual citizens, have the right to communicate information without influence or fear of retribution from the state or other powerful entities or individuals. We often use the term “free press” and “independent journalism,” a subject we previously explored, more or less interchangeably.

    In modern history, a shared understanding of the principle of a free press was outlined by the United Nations in 1948. Article 19 of the Universal Declaration of Human Rights codifies it along with the right free speech:

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    “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 regardless of frontiers.”

    Today, most democracies have some protection for a free press, whether this protection comes from a constitution or individual law. In Europe, a free press is protected under Article 10 of the European Convention on Human Rights, and under Article 11 of the EU Charter of Fundamental Rights.

    What is the purpose of a free press?

    The purpose of a free press is to ensure that the people are free to receive and impart information that is not manipulated or serving a particular person, entity or interest. Its duty, in fact, is often to investigate people of power, and especially the government, to ask the hard questions and to attempt to uncover what’s really happening, regardless of the political fallout.

    Why is freedom of the press so important?

    Simply put, you can’t have much of a democracy without a free press. That’s because democracy’s strength rests in the hands of the people, meaning they have to be knowledgeable and informed in order to make the right decisions when they go to vote. And then they have to have a fair picture of what happens next — how the elected politicians or other decisions taken with the ballot worked out.

    A free press aids in every step of this process. It delivers information to voters before they vote; it fosters dialogue and debate to enrich understanding of this information; and then it reports back to citizens about what their government is doing and if the things they wanted to happen are actually happening. In democracy, citizens delegate decision-making power to their elected officials, and a free press is one way to check on them.

    What is (or should be) the role of a free press in a democracy?

    A free press is a vital organ of a democratic society. In order for us to make informed choices when we pick our representatives or vote on certain issues, we need to know what’s actually going on. A free press can give us the straight story on issues, policies and events because it’s not under the influence of the government or the prime minister’s golf buddies.

    Another function of a free press is that of a watchdog. As it’s not beholden to the government or other entity, or working in fear of them, a free press can give unvarnished reporting on politicians and others. Corruption, patronage, embezzlement, a quite regrettable weekend in Ibiza – it’s often the case that we learn of misdeeds by our representatives or other authorities only thanks to a society that protects freedom of the press.

    And, of course, we want to discuss all this. A free press helps us do that. It creates more opportunities for us to hear other viewpoints or new information, and gives each of us the chance to impart our own opinions and understandings to others. The more we discuss things, the better informed we become and the better able we are to make the best decisions about our future.

    Are there legal limits of free press around the world?

    Even in countries with a strong tradition of free press and a saturated, diverse media market, there are limits to what a journalist or newspaper or TV anchor can report. For example, journalists aren’t free to report on issues that might compromise national security or reveal state secrets.

    But perhaps a better way to look at this is by assessing undue limits placed on free press. It’s restricted in many countries – North Korea has no free press whatsoever, and doesn’t try all that hard to pretend otherwise; Hungary pretends to have free press and is even legally bound to protect it, but now it has only a handful of independent media outlets.

    Source : www.liberties.eu

    Spotlight: Democracy and Participation Quiz Flashcards

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    Spotlight: Democracy and Participation Quiz

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    Which famous political scientist outlined six characteristics necessary for large-scale democracy?

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    Robert Dahl

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    Modern large-scale democracies are _____.

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    representative democracies

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