We are blessed by God with the ability to speak and express ourselves. And that we can efficiently communicate our thoughts, feelings, and sentiments to others through human speech. As a result, the right to freedom of speech and expression is an inalienable human right. As a result, it is a fundamental right. The Universal Declaration of Human Rights declares that 'everyone has the right to freedom of thought and expression, which includes the freedom to hold opinions without interference and the freedom to seek, receive, and offer information and ideas through any means and regardless of frontiers' (1948). It is mentioned in the Indian Constitution that they vowed to protect the rights of all citizens to freedom of expression and ideas. In Article 19 (1) (a), one of the provisions in part III of the constitution, which states the fundamental rights, this determination is reflected.
There are many things that people wish to accomplish rationally, but these desires must be restrained, regulated and reconciled in civil society through the implementation of other people's interests. For this reason, the constitutional guarantee of each of the following rights is limited in order to serve the greater good of the community. A person's right to freedom of speech and expression is subjected to various restrictions.
TONGUE AS A WEAPON- AN UTTERANCE OF OPTIMISM AND PESSIMISM:
Words are powerful: they may be used to insult, to wound and to threaten individuals. Others words are like weapons, they wound like bullets, some are like poison, and they slowly impact the mind and trigger a fatal semantics. Using language as a weapon in order to discriminate against and vilify human people as members of a hostile group, may lead to drastic political and social ramifications in a community. This has been proved in the National Socialist (NS) dictatorship, when Jewish residents were first humiliated and intimidated verbally, then abused and killed. However, the experience of the Holocaust and coping with the past did not put the techniques of vocally degrading and denouncing Jews to a stop. We still find them in current conversation. Even further, vocal anti-Semitism is on the upswing. In this chapter, the misuse of language as a communication tool is examined on the basis of a longitudinal corpus research which explores the linguistic forms of current anti-Semitism in Germany. Focusing on violent speech actions which are used to delegitimize Jews and Judaism via derogatory lexemes and phrases, it is demonstrated how verbal constructions may form hostile conceptualizations of reality. The investigation of direct and indirect verbal threats exposes the potency of language as a weapon with far-reaching emotional and cognitive implications.
The creation of speech needs the coordination of about thirty distinct muscles. The standard articulator definition of vowel generation is based on a restricted set of parameters: highlow, frontback, roundedspread. Understanding speech motor control techniques and developing models for this control would appear to need a decrease in dimension from the space of muscle control to a more functional, speech-related space of control. The dimensions of the functional control space are thus referred to as the vocal tract's degrees of freedom. A capability for generalization across speakers of a particular language in order to provide information primarily about the articulation of speech in this language and not about individual speaker characteristics; and an interpretability in terms of muscle synergies and antagonisms in order to provide a clear view of how muscles are actually coordinated to produce speech. In addition, comparing low dimensional control spaces across languages (dimensionality, directions of the degrees of freedom) and the relationships between these functional spaces and the muscle control space provides an intriguing quantitative method for comparing the production of various languages.
Thus, The tongue is an essential component of speech production. There is a reason why tongue is a synonym for language. Less strain at the base of the tongue is preferable for optimal reverberation of spoken sounds. In a sense, speech production involves the opposite movement of the tongue (up and forward) than swallowing. The rapid tongue motions required for efficient communication need a great deal of muscle and control of the tongue. The most effective method for regulating these motions and controlling the tongue is to listen to the speech sounds or phrases and then repeat them while paying great attention to the movement and positioning of the tongue. Sensitivity and awareness are essential while dealing with the tongue's vast array of capabilities and functions. There are eight intrinsic and extrinsic muscles that make up the tongue. The tongue must function well with the lips, teeth, and jaw in order to produce speech sounds clearly. The line between hate speech and free speech is narrow. Hate speech incites violence, but free speech fosters discussion. Because both include the open flow of ideas and emotions, some people mistake hatred with free speech. In actuality, hate speech is not prohibited in the United States because it would threaten the right to free expression. In addition, these manifestations are encouraged by the privacy afforded by digital advancement. Comparing free speech to hate speech, however, reveals significant limits. The right to free speech permits individuals to freely express their opinions and convictions; yet, there are limitations to this freedom. Hate speech, on the other hand, encourages people to do hurt or violence while disregarding pertinent limits. Hate speech promotes violence by insulting the other party and instigating discriminatory action, while free speech promotes discussion by presenting all sides of an issue in a fair and respectful manner. Due to its antagonistic character, hate speech creates unfavorable groups within a community, hence contributing to the deterioration of civilization. Alternatively, free speech is often associated with social progress.
A STUDY ON THE HISTORICAL BACKGROUND:
The rights to freedom of speech and expression go back a very long time. It can be found in the contemporary International instrument relating to human rights .The concept of free speech is thought to have originated from the Torah and Hebrew Bible (Oldest Scripture in the World) and these Biblical scripture teaches us that speech is a gift given freely by God: “A person may arrange his thoughts, but his ability to express them in language comes from the Lord”. Let us fight to guarantee that the voices of those who are marginalized and poor do not continue to be muted, and let us also work to ensure that the power of speech, which is a gift from God, is made fully accessible to everyone as a means for bringing blessing and justice to all people. In the beginning, the only reason individuals have rights is because of the groups to which they belong, such as their families. Then, in 539 B.C., when Cyrus the Great had conquered the city of Babel, he did something that was entirely unanticipated: he set all of the slaves free and let them to return to their homes. In addition to this, he asserted that individuals are free to select the religious tradition that best suits them. The clay tablet known as the Cyrus Cylinder, which bears his proclamation, is considered to be the first assertion of human rights in the pages of history. The concept of human rights swiftly extended to other countries, first to India, then to Greece, and lastly to Rome. The following are the most significant advances made since then:
- In 1215, the signing of the Magna Carta, which established new rights and made the king accountable to the law.
- The Petition Rights, or the question of people's rights, was established in 1628.
- The right to life, freedom, and the pursuit of happiness was proclaimed in the Declaration of Independence of the United States of America in 1776.
- In 1789, the Declaration of Human Rights and the Citizens are two French papers that were published that year. They assert that all citizens are equal before the law.
- In 1948, the Universal Declaration of Human Rights - The first document to cover all 30 rights that are considered to be fundamental to the human condition.
The idea of unrestricted free expression originated in the past. Constitution and Bill of Rights In 1689, Britain established the freedom of expression as a fundamental right, which it maintains to this day. The Declaration of Human Rights and Citizenship was a product of the French Revolution, which took place in 1789. This further demonstrates that the unalienable right to freedom of speech cannot be challenged. The following are excerpts from Article 11 of the Declaration on the Freedom of Speech: 'One of the most important and precious human rights are the freedom to communicate thoughts and opinions. Therefore, every citizen has the right to freely talk, write, and print whatever they like; nevertheless, they will be held accountable for any infractions of this freedom that are in violation of the law '.
In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which stipulates that everyone has the right to freedom of expression. Article 19 of the Universal Declaration of Human Rights declares that everyone has the right to freedom of speech and expression. Within the framework of international human rights, the International Covenant on Civil and Political Rights (ICCPR) upholds the principle of freedom of expression and the freedom of speech (ICCPR). Article 19 of the International Covenant on Civil and Political Rights- 'Everyone will have the right to have an opinion without interference and everyone will have the right to freedom of speech and expression; The right must include the freedom to find, accept, and provide information and ideas from all types, regardless of the border either orally or in the form of writing or print, in the form of art, or through other media their choice '.
LEGAL PHILOSHOPHY AND DOCTRINE OF HUMAN RIGHTS
International human rights law provides a solid foundation for freedom of speech, while the idea of free speech plays an important role in expressing one's opinions on difficult subjects. The Human Rights Doctrine provides a foundation for and protects journalists, their information, and their opinions, regardless of the circumstances. So again, the scriptural approach indicates that speech may be used to build relationships with God and with other people, and that it is a kind of expression. 'Inherent' liberty, according to Thomas Jefferson, is the right to pursue one's own interests without interference from a government.
It's been a long time since the concept of free speech was introduced. As far as human knowledge is concerned, this was initially introduced by the Greeks. ‘Parrhesia’ or freedom of expression, is the term they used. The first recorded use of this phrase dates back to the 5th century BCE. It has taken a long time for countries like the United Kingdom and France to accept this freedom as a fundamental human right. Free speech was included in the English Bill of Rights in 1689, and it is today recognized as a constitutionally protected right. In 1789, France adopted a statement of human rights for citizens during the French Revolution. On December 10, 1948, the United Nations General Assembly enacted a universal declaration of human rights based on Article 19, which defined freedom of expression as one of the fundamental rights.
John Milton says that “give me the liberty to know, to argue freely, and to utter according to conscience, above all liberties”. This famous quote by John Milton eloquently captures the very essence of one's right to freedom of speech. He believes that freedom of thought and expression, as well as the right to freely discuss one’s opinions, is essential components of human liberty.
When compared to other populations around the world, humans have the distinct advantage of being able to communicate, which is the primary characteristic that sets them apart from other species. Indisputable evidence suggests that the human brain possesses the psychological capacity to foster the growth of the mind and enable its manifestation in the form of self-expression. The Human Rights Doctrine is a set of criteria that acknowledge and strive to preserve the inherent dignity of every individual human being. The way in which individual human beings live in society and with one another, as well as their relationship with the state and the state's obligations towards them, are governed by human rights. Human rights law places certain obligations on governments, while also prohibiting them from engaging in certain activities. Individuals are not exempt from responsibility; while exercising their human rights, they are obligated to respect the rights of those around them. No government, group, or individual possesses the legal authority to engage in any activity that infringes upon the rights of another. This demonstrates that the Doctrine of Human Rights is both all-encompassing and inalienable. Everyone in the world has the right to have access to them. Nobody is able to give them up on their own volition. They also cannot be taken away from him or her by anyone else. There can be no separation between human rights. It does not matter if they are of a cultural, social, political, economic, or civic nature; they are all inextricably linked to the dignity of each and every human being. As a direct consequence of this, each one carries the same weight in terms of rights. There is no such thing as a small right because there are no such rights. There is no particular order in which human rights are protected. The full or partial exercise of one right frequently depends, in whole or in part, on the full or partial exercise of other rights. For instance, the ability to exercise one's right to health may be contingent on one's ability to exercise either one's right to education or one's right to access information.
Because of the intrinsic dignity that is a part of every human being, all people possess the same level of equality as human beings. According to the human rights treaty bodies, every living human being has the right to their own human rights, regardless of factors such as race, colour, gender, ethnicity, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status. This applies to all human beings, regardless of race, colour, gender, ethnicity, age. Every person and every people group has the right to an active, free, and meaningful participation in the advancement of civil, political, economic, social, and cultural development, as well as the right to contribute to that development and to enjoy its fruits. This is the only way that human rights and fundamental freedoms can be realized. The legal principles and requirements that are outlined in human rights documents must be adhered to by all duty-bearing parties, including the states. In the event that they do not do so, aggrieved rights-holders have the legal right to initiate proceedings for adequate redress before a competent court or another adjudicator, in accordance with the norms and processes that are prescribed by law. And all of these aspects of human rights are dependent upon one another to maintain the efficiency of the freedom of speech and expression, which in turn prepares the path for press freedom all over the world.
IN INTERNATIONAL LAW-THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSION IS SAFEGUARDED.
Individuals' right to freely express their thoughts and ideas is a foundational principle of International law. In international treaties, regional human rights instruments, and newly developed domestic human rights laws, this freedom of speech and expression is firmly safeguarded, and it is now regarded a norm of customary international law. According to Article 19 of the UDHR, 'Everyone has the right to freedom of thought and expression.' This right encompasses the ability to hold opinions without interference, as well as the freedom to seek, receive, or impart information or ideas through any means and regardless of borders. According to the ICCPR, 'freedom to seek, receive and transmit information and ideas of all sorts, regardless of frontiers, either verbally, in writing or in print, in the form of art, or through any other means of a person's choice' is included in the definition of freedom of expression. In addition to verbal and nonverbal expressions through artworks, this protects all kinds of expression. Without the right to free speech, it is impossible to exercise other rights in society.
Free speech and expression are protected by international, national, and regional norms. Human rights treaties, such as those ratified by the United Nations and ratified by the European Union as well as by the United States and the Organization of American States, all recognize this right. For the good of society and the state, the right to free speech allows people to express their beliefs and demonstrate their political opinions. In this way, it offers a method for striking an acceptable balance between long-term stability and rapid social change. It is critical to a functioning democracy. It improves a person's ability to take part in the decision-making process. Individuals' right to self-improvement and fulfillment is inextricably linked to their freedom of speech. The importance of protecting freedom of expression cannot be overstated.