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The right to free speech

  • 04-01-2009 1:03am
    #1
    Registered Users Posts: 2,477 ✭✭✭


    This may have been covered before (MOds please move or delete whrere approp...). Just watched 'The people v's Larry Flint with the wife and it got me wondering. What'd the law be around these parts? Do we have such a strict constitional right - like the right to bear arms?


Comments

  • Registered Users Posts: 1,889 ✭✭✭evercloserunion


    I haven't seen the movie but the question of free speech is more of an Irish constitutional question and so shouldn't really be in the EU section. AFAIK free speech is a personal right protected by article 40.3 of B na hE. It is not absolute however and must be balanced against others' right to privacy, good name, the common good etc.


  • Technology & Internet Moderators Posts: 28,780 Mod ✭✭✭✭oscarBravo


    Moved.


  • Closed Accounts Posts: 124 ✭✭Dark_lord_ire


    its fine up to the point where is becomes abusive or violent then the guards have powers under public order act 1994


  • Closed Accounts Posts: 39,022 ✭✭✭✭Permabear


    This post has been deleted.


  • Closed Accounts Posts: 124 ✭✭Dark_lord_ire


    i think it means that the state can protect itself from propaganda i.e if we had our own nazi party spreading lies about the government ( oh wait we do sinn fein) lol but there is a difference between saying a government minister is bad at getting us out of a recession and ripping down the gates of the dail to get at him


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  • Closed Accounts Posts: 3,045 ✭✭✭Húrin


    This post has been deleted.
    It is fortunate that our constitution was written in a more criticial age than under the influence of naive Enlightenment rationalism.


  • Closed Accounts Posts: 3,045 ✭✭✭Húrin


    i think it means that the state can protect itself from propaganda i.e if we had our own nazi party spreading lies about the government ( oh wait we do sinn fein) lol but there is a difference between saying a government minister is bad at getting us out of a recession and ripping down the gates of the dail to get at him

    I expect it is more making a provision so that the Gardai can investigate people who are doing things like calling for a revolution, certain people to be killed, overthrow of the state, etc.

    The same thing happens in the USA too, btw.


  • Registered Users Posts: 3,590 ✭✭✭Blackjack


    Remarkably Ireland scores consistently strongly in the Reporting Sans Frontiers Annual Index on Freedom of the press.
    Latest one here.


  • Closed Accounts Posts: 39,022 ✭✭✭✭Permabear


    This post has been deleted.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    Húrin wrote: »
    It is fortunate that our constitution was written in a more criticial age than under the influence of naive Enlightenment rationalism.

    Quite the opposite. It was a lost opportunity and unforgivable, seeing that there was the American example to look to. Thankfully large parts of it are effectively defunct.


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  • Closed Accounts Posts: 3,762 ✭✭✭turgon


    This post has been deleted.

    That is in the past though. I fully understand you concern regarding the constitution, but its not as if were in some Soviet state. As one poster said, Ireland is ranked very very highly in the freedom of press.

    Plus, if you were publishing something that did undermine the "authority of the state", Im sure you wouldnt be on your own, and at that stage youd have a bit of a rebellion going.


  • Closed Accounts Posts: 39,022 ✭✭✭✭Permabear


    This post has been deleted.


  • Closed Accounts Posts: 3,762 ✭✭✭turgon


    This post has been deleted.

    I am completely in support with you on this issue, and I find the wording flawed. Free speech should not be curtailed, and if the authority of the stae were in question, Im sure the people should be allowed to decide if this criticism is true.
    This post has been deleted.

    I was merely pointing out the differences between the theory and the practice by highlighting the fact that this article is probably rarely invoked with a view to curtailing political canvasing. But you are right in that it could be invoked, were that to be the vested interest of the government. But I doubt any government would have support amongst the population for a campaign to suppress views contrary to that of the leading party.


  • Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 3,368 Mod ✭✭✭✭andrew


    This post has been deleted.

    Thats all in the past. The Blasphemy law has been tested before. Since it's pretty obvious that well...it's crap, the Judges decided that they couldn't define blasphemy and threw the case out. So the blasphemy law, while on the books, is a now defunct reminant of a more conservative time and has no bearing anymore.


  • Moderators, Society & Culture Moderators Posts: 16,165 Mod ✭✭✭✭Manic Moran


    Do we have such a strict constitional right - like the right to bear arms?

    Interesting choice of example, as that's one of the few US Constitutional rights which is not currently subject to 'strict scrutiny,' unlike the right to Free Speech.

    I think it's wrong, but acknowledge that my interpretation is not universally held.

    NTM


  • Closed Accounts Posts: 6,934 ✭✭✭OhNoYouDidn't


    I think, with the exception of issues around the practical application of libel law, that we have a reasonably good balance in Ireland on free speech at the moment.


  • Registered Users Posts: 1,889 ✭✭✭evercloserunion


    Agree with the above. A previous poster said it was "remarkable" that we ranked highly for freedom of press, I don't think so at all. I can't really think of any major cases of censorship in the press. The only broadcasters who are in any way censored are RTÉ because of the McKenna and Coughlan judgements, which are problematic, but only apply in respect of referendums and elections.

    Libel law is a rather problematic area. The main gripe I would have with libel law in Ireland is that libel cases do not come within the scope of the Civil Legal Aid Act 1995. Because of this, someone who is sued for libel and cannot afford their own legal aid is left to represent themselves against the potentially formiddable counsel for a plaintiff who may be quite wealthy. Thus free speech can be silenced simply by threats of libel actions. this is the case in both Ireland and the UK, despite having been condemned by the European Court of Human Rights in respect of each country.


  • Registered Users Posts: 3,590 ✭✭✭Blackjack


    Agree with the above. A previous poster said it was "remarkable" that we ranked highly for freedom of press, I don't think so at all. I can't really think of any major cases of censorship in the press. The only broadcasters who are in any way censored are RTÉ because of the McKenna and Coughlan judgements, which are problematic, but only apply in respect of referendums and elections.

    Libel law is a rather problematic area. The main gripe I would have with libel law in Ireland is that libel cases do not come within the scope of the Civil Legal Aid Act 1995. Because of this, someone who is sued for libel and cannot afford their own legal aid is left to represent themselves against the potentially formiddable counsel for a plaintiff who may be quite wealthy. Thus free speech can be silenced simply by threats of libel actions. this is the case in both Ireland and the UK, despite having been condemned by the European Court of Human Rights in respect of each country.

    "Remarkably" in the context of which I mentioned it, meant specifically meant worthy of being defined or remarked upon, as opposed to "Unbelievably" which may be how many may have construed.


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