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Posted by: Malcolm Povey on Jan 14, 2007 - 11:30 AM
Politics
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http://www.uculeft.devisland.net/uculeft-academic-freedom.html for the full discussion document
The first amendment to the US constitution provides perhaps the first liberal legislation relevant to freedom of speech. This seems a particularly appropriate starting point given the current fashion for ‘neo-liberalism’ -“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
According to Wikipedia, “There are exceptions to the general protection of speech, however, including the Miller test for obscenity, child pornography laws and regulation of commercial speech, such as advertising. Other limitations on free speech often balance rights to free speech and other rights, such as property rights for authors and inventors (copyright), interests in fair political campaigns (Campaign finance laws), protection from imminent or potential violence against particular persons (restrictions on Hate speech or fighting words), or the use of untruths to harm others (slander). Distinctions are also often made between speech and other acts, such as flag burning, which may have symbolic significance.”
Whilst the US has possibly the clearest legal definition by a state of the right to freedom of speech, this does not automatically mean that academics in the USA have in practice the rights given by the First Amendment, far from it. On the other hand, here in the UK, we have no equivalent to the US constitution and therefore no ‘constitutional’ right to the freedom of speech. Arguably, freedom of speech is curtailed in the UK compared to the US; this article argues for an approach involving an improvement in legislation together with a far more pro-active approach to the defence of freedom of speech by the UCU.
Very few people would defend the ‘right to free speech’ as an absolute right , because as implied above, there is no absolute distinction between speech and action. Some believe that academics should be unaccountable to wider society. On the contrary we suggest that academics must be accountable to society as a whole.
See http://www.uculeft.devisland.net/uculeft-academic-freedom.html for the full discussion document
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