｜ I. Freedom of Speech and the Universal Declaration of Human Rights Chapter 1 The principles of legality, due process, trial by legislature, and judicial independence are all concepts of human rights protection developed to prevent arbitrary arrest, detention, trials, and even torture. However, the most critical indicator for the development of human rights and democracy is freedom of speech. In other words, how would a government protect personal freedoms and property rights, or even implement legislative democracy, administration according to law, and judicial independence as required by democratic constitutionalism, if it cannot even guarantee the freedom of speech? The Meaning and Function of Free Speech Eleanor Roosevelt, US first lady and Chairperson of the Commission on Human Rights, holding a poster for the Universal Declaration of Human Rights Source: FDR Presidential Library & Museum, Photo courtesy of: (CC BY 2.0) In their early stages, basic human rights mainly addressed the civil liberties of individual citizens, including protection of the right to life and property rights, as well as the right to freedom of thought and freedom of speech. In other words, they sought to uphold freedom of expression. The earliest development 10 https://www.flickr.com/photos/fdrlibrary/27758131387/ of human rights mainly included personal freedom, spiritual freedom (thoughts and expressions), and property rights. Autocracies often cause serious and irreversible human rights violations, the most common and explicit of which are violations of personal freedom. The goals and functions of protecting freedom of thought and freedom of speech are as follows: 1.Promote exchange of knowledge and information: Allow all citizens to be free to access all the knowledge and information they want to learn and explore, thereby allowing them to enrich their thinking, form new opinions, and experience self-growth and a sense of achievement. 2.Facilitate economic development and social progress: The constant emergence of groundbreaking inventions and knowledge stimulates the development of science, technology, and the economy, thereby driving social progress. 3.Fulfill democratic politics: Giving people the power is a right and an obligation. The ability for all citizens to freely exchange information and communicate ideas for the general public to have the ability to judge is a prerequisite for democracy. It is an important precondition and function, whether the people are supervising the government or voting in an election. Therefore, throughout the history of human rights, freedom of speech and freedom of expression have often given rise to friction and conflict. The Universal ｜ Martial Law: Derailing From International Human Rights Trends Declaration of Human Rights lists “the freedom of opinion and expression” in Article 19, while “freedom of assembly and association” and “political freedom and the people’s authority” are listed in the following Article 20 and Article 21, fully illustrating the connection between the three. Article 19 states that, “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 and regardless of frontiers.” The “freedom to hold opinions without interference” not only protects against unreasonable punishment from rulers “after the fact”, but also prohibits countries from reviewing and restricting expressions “ahead of time”. Authoritarian countries often implement a review system for news and films in order to control the minds of the people, mandating that publications must go through an application and approval process. This not only severely infringes on freedom of speech, but also stifles the people’s “right to know”. Article 20 states that, “(1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.” “Freedom of assembly” is also a “short and collective” way for a group of people to exercise their freedom of expression. In other words, it is a gathering of people indoors or outdoors for a short period of time for a common cause. Whether conducted at a fixed point (sit-ins) or on the move (protest marches), it is the right to collective expression of an opinion. Freedom of assembly has the function of promoting direct communication of opinions among citizens. It is also vital to effectively display public opinion and fulfill the role of democracy. Therefore, countries 11