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Comment by mytailorisrich

14 days ago

Including things like "media bias" and other dubious criteria in freedom of speech rankings is obviously skewed.

Whatever the ECHR might say what I wrote in my previous comment is factual. In Europe "freedom of speech" comes with a long list of small print.

In fact, this is so embedded that the article of the ECHR you quote provides for restrictions and even states that they are "necessary": "subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"." QED

The distinction is academical. As I wrote, freedom of speech is not absolute in the USA either, think copyright law or gag orders etc. And arguing about this day after Colbert's show is cancelled...

  • The internet will never run out of idiots arguing that there is no freedom in the EU and freedom of speech is a uniquely US thing. The German constitution guarantees Freedom of Speech? Doesn't matter. The US limits plenty of types of speech? Who cares.

    https://en.m.wikipedia.org/wiki/United_States_free_speech_ex...

    > Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false statements of fact, and commercial speech such as advertising. Defamation that causes harm to reputation is a tort and also a category which is not protected as free speech.

    > Under Title 18 Section 871 of the United States Code it is illegal to knowingly and willfully make "any threat to take the life of, to kidnap, or to inflict bodily harm upon the president of the United States." This also applies to any "President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect."[45] This law is distinct from other forms of true threats because the threatener does not need to have the actual capability to carry out the threat; thus, for example, a person in prison could be charged.

    • > The German constitution guarantees Freedom of Speech?

      Article 5 of the Basic Law guarantees freedom of expression, freedom of the press and freedom of reporting by broadcast and film. It immediately restricts those freedoms with "limits in the provisions of general laws, in provisions for the protection of young persons and in the right to personal honour." https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.h...

      Many kinds of speech aren't covered by the enumerated freedoms in the first place, and "protection of young persons" is the basis for age-verification requirements.

      Though given that the US constitution claims to guarantee freedom of speech while many things that people would ordinarily consider speech remain illegal, maybe "freedom of expression within limits" and "freedom of speech" is a distinction without difference in practice. But I think the former approach is more honest.

      1 reply →

    • Well, the Internet will never run out who don't read because I can't see anyone arguing that there is no freedom in the EU. No-one is arguing there it is absolute in the US, either. I guess insults are easier than a thoughtful reply.

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Yeah, what trump did, spreading lies, hate and falsely accusing wouldn't work in the EU.

Freedom of speech doesn't mean freedom of stupidity