Expression Liberty Issue

The freedom of expression is considered as a human right under the International Covenant on Civil and Public Rights (ICCPR) as well as article 19 of the Universal Declaration of Human Rights (UDHR). In particular, the law states that people have the freedom and right to express themselves and this provision should include the liberty to receive, seek and impart any ideas and information irrespective of frontiers, either in writing, in form or art, orally or in form of printed materials. Significantly, the freedom expression plays a vital role of promoting effectual interaction between the community members. 

According to the majority view, the above provision should be accompanied by responsibilities and duties in order to ensure that all people are subject to specific restrictions. As a matter of fact, the presence of limitations in this law ascertains that the community members respect the reputation and rights of each other, submit to public order or national security as well as the public morals and health. In relation to the above information, the Supreme Court appears to have encountered a big challenge in deciding the Expression Hair Design v. Schneiderman case. However, the judges concluded that the law regulates communication and speech rather than pricing, hence, indicating Hair Design was not supposed to compensate Schneiderman for the exaggerated pricing. Otherwise, the Supreme Court was pressured to come with rules that prohibits the application of surcharges while pricing different goods and services. In consideration with the above case, it occurs that freedom of information is an extension of the right of expression where internet is used as a medium of communication. 

In the view of Expression Hair Design v. Schneiderman case, it appears that the court also considers the right to privacy as it is indicated in the freedom of information acts. Based on this statement, the freedom of information concept therefore aligns with the reaction toward the state-sponsored censorship as well as internet surveillance and monitoring. To be specific, the internet censorship entails the suppression or control of illegally publishing or attaining information on online platforms. Indeed, the American Supreme Court is helpful in interpreting the issues associated with the right of expression. 

References

Calvert, C., Shumate, R., McNeff, S. A., & Waters, S. (2017). Speech v. Conduct, Surcharges v. Discounts: Testing the limits of the first amendment and statutory construction in the growing credit card quagmire. NYUJ Legis. & Pub. Pol’y, 20, 149.

Lever, A. (2015). Privacy, democracy, and freedom of expression. The Social Dimensions of Privacy, 162-180.

Slagle, M. (2009). An ethical exploration of free expression and the problem of hate speech. Journal of Mass Media Ethics, 24(4), 238-250.

Ward, D. V. (1991). Philosophical issues in censorship and intellectual freedom, 1-9.