ARTICLE 3. BILL OF RIGHTS
1)DUE PROCESS2)EQUAL PROTECTION3)FREEDOM FROM UNWARRANTED
SEARCHES AND SEIZURES4)PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCE5)FREEDOM OF EXPRESSION6)FREEDOM OF RELIGION
FREEDOM OF EXPRESSION
“at once the instrument and the guaranty and the bright consummate flower
of all liberty” – Wendall Philips
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free and effective communication of ideas from mind to mind
FREEDOM OF EXPRESSION
SPEECH
PRESSASSEMBLYPETITION
RELIGION
ASSOCIATIONACESS TO INFORMATION ON MATTERS OF PUBLIC CONCERN
RIGHT NOT TO BE
DETAINED SOLELY BY
REASON OF ONE’S
POLITICAL BELIEFS
AND ASPIRATION
S
“matters that touch the heart
of the existing order”Public interest
not purely private.
“sovereignty resides
in the people”
“collective wisdom is far better
choice than that made
by the heedless
dictator in the narrow confines of
his mind and the
loneliness of his pinnacle”
“ultimate good desired is
better reached by a free trade
in idea”
SCOPE OF FREEDOM OF EXPRESSION
“that which will invite dispute”I may not agree with what you say, but I will
defend to the death your right to say it.” - Voltaire
Right to be
silent
Liberty to utter
what is in his
mind
Liberty not to
utter what is not
in his mindRight to an
audienceRight to listen
Right not to
listen
Inclusio
n
Modes of Expression
Elements of Freedom of Expression1. Freedom from Censorship2. Freedom from
Subsequent Punishment
Test To Determine
Liability of a Person1. The Clear and
Present Danger Rule
2. The Dangerous Tendency Doctrine
3. The Balancing Test
Criticism of Official Conduct
“the sharp incision of its probe relieves the
abscesses of officialdom”
Public Official under hostile, their wound may be relieved by the balm of a clear conscience. They should not be too thin-skinned with reference to
comment upon their official act.
Assembly & PetitionRight of
AssociationAccess to Information