With a mindful eye to the fundamental principles of democratic government, the people of Europeia place paramount the rights and freedoms of citizens, and therefore ordain and guarantee the rights and freedoms enumerated herein, subject only to such reasonable limits prescribed by law as may be demonstrably justified in a free and democratic society.
Short Title
(1) This Act may be cited as the Charter of Rights Act (2012).
Fundamental Freedoms
(2) Every person in Europeia shall hold the freedoms of conscience and religion, as well as the freedoms of thought, belief, expression, and association.
It is often asserted that we have a right to "free speech" in Europeia. Section 2 of the Charter of Rights (quoted above) is the legal foundation for that assertion. Although the word "speech" does not appear in the Charter, I think it's clear that the guarantee of freedom of expression, together with the related guarantees of freedom of conscience, thought, and belief (to say nothing of the express protection of religion), make "free speech" an appropriate shorthand for the state of law in Europeia.
But what does "free speech" mean?
Surely, it does not mean the same thing as "freedom of speech" in the United States Constitution, which has been interpreted to protect neo-Nazi propaganda, anti-religious and anti-gay bigotry, and other things that would run afoul of the InvisionFree Terms of Use. The language of our Charter of Rights itself argues for a more narrow interpretation than America's First Amendment. The preamble to the Charter of Rights provides that enumerated rights are "subject only to such reasonable limits prescribed by law as may be demonstrably justified in a free and democratic society." Therefore, it is not surprising that free speech in Europeia is generally understood not to be limitless.
The "reasonable limits" clause in our Charter of Rights is borrowed from
Section 1 of the Canadian Charter of Rights and Freedoms. Without professing in any way to be an expert on this law, or Canadian law in general, the CCRF and its interpretation over the years offer a few ideas that might be helpful to Europeians trying to parse what our own speech guarantees mean.
-- Restrictions on speech must be "prescribed by law." Speech cannot be suppressed by an executive branch official on a discretionary basis. Courts should not uphold speech restrictions that are not expressly written into law, and should construe restrictions that are so written narrowly.
-- Restrictions must provide "minimal impairment" of protected speech. In our context, this means an outright ban on speech not prohibited by the ToU would likely not be sustained, but restrictions that still allow expression of content through alternate means (e.g., allowing comments on legislation in the Grand Hall, but restricting access to the Senate floor) are generally permissible.
-- The restriction of speech must be proportional to the importance of the end achieved. Compliance with the ToU is a must (and really lies outside the purview of our RP laws), but beyond that, imposing harsh punishments for speech-related offenses would be problematic, even where the "reasonable limits" clause allows some restrictions.
-- Distinctions between different types of speech are subject to especially close scrutiny. Any effort to censor general-subject forums based on the content of a particular individual's speech (again, within the bounds of teh ToU) would be highly suspect.
It speaks well of our commitment to free speech that these issues have seldom been litigated. And as a small, close-knit community, we should probably be able to resolve most issues that arise in this area without resort to the courts. It is good to know, however, that our laws support our commitment as a community to ensure that as we are unavoidably transformed by the rapid pace of change in NationStates, our commitment to free speech will endure.