free expression

Question 1

What are the consequentialist rationals for FOE?

Answer 1

1. truth-seeking or marketplace of ideas rationale
   - livelier impression of truth produced by collision of error
2. democratic self-governance i.e better governance
   - press as 4th estate, forum and watchdog
   - “no famine in a functioning democracy with free press” Amartya Sen

Question 2

What are the consequentialist rationals against FOE?

Answer 2

market failure theory

• marketplace of ideas can fail to produce optimal outcomes when distorted by irrationality
• some ideas should not be allowed to circulate as they can gain momentum

Question 3

FoE advocates say that

Answer 3

1. media education can combat fake news
2. media can take measures against fake news
   - content moderators
   - AI to detect fake news
3. third parties can take measures against fake news

Question 4

What is SG’s defence to truth and better governance

Answer 4

Development journalism:

• media as partner, not adversary to govt
• for national development

Question 5

What are examples of prior restraint

Answer 5

1. licence
2. vetting before publication and distribution
3. ban publication i.e injunction

Question 6

FoE advocates believe that prior restraint

Answer 6

is worse than subsequent punishment

Question 7

FoE advocates believe that the best remedy for wrong expression is

Answer 7

more speech

Question 8

What are the human rights foundations

Answer 8

UDHR: SG part of it, no legal enforcements
ICCPR: SG not part, disallows prior restraint/limits on FoE

Question 9

What are the counterarguments to FoE?

Answer 9

Asian values that moderate human rights, cultural relativism

Question 10

What does amendment to the constitution require

Answer 10

2/3 of parliament, and maybe 2/3 majority in national referendum

Question 11

What is judicial review

Answer 11

hearing cases challenging constitutionality of laws passed

Question 12

SG Constitutional rights are called…

What is article 9?

Answer 12

Fundamental Liberties

Due process, Liberty of the Person

Question 13

What is Article 14?

Answer 13

Freedom of speech

1. right to freedom of speech
2. has restrictions deemed necessary or expedient by Parliament for security, friendly relations, public order or morality, contempt of court, defamation or incitement to any offence

Question 14

In the US, the Constitution is

Answer 14

supreme law of the land

Question 15

US Constitution 1A decrees that

Answer 15

Congress shall make no law abridging freedom of speech or press with limited exceptions

Question 16

What is a liberal democracy consisting of

Answer 16

1. strong individual liberties and rights
2. constitutional litigation
3. democratic governing framework

Question 17

What is an illiberal democracy

Answer 17

1. weak protection for individual liberties and rights
2. less constitutional litigation
3. democratic governing framework

Question 18

What is the constitutional challenge to 377A?

Answer 18

1. all persons equal before law

2. no discrimination against citizens

Question 19

SG’s constitution and FoE show that

Answer 19

judicial review, constitutional challenges to laws regulating liberties are possible