Freedom of Speech and Freedom of Conscience

Introduction

What is freedom of speech? What is freedom of conscience? How are they different?

• The primary difference between these two freedoms has to do with how they are expressed: what we say vs. what we think or feel – that which affects what we say

Guiding Principle

"Without freedom of thought there can be no such thing as wisdom and no such thing as public liberty without freedom of speech." – Benjamin Franklin, 1722

Sources of Governing Law or Principles for Freedom of Conscience and Freedom of Speech

There are several international instruments or texts that may be legally binding in nature for the signatory parties or that in any way provide international coercion to the parties. The parties are often member-states of the international organization that brings them together for the creation of said texts.

For the purposes of freedom and conscience and freedom of speech, it is appropriate to cite some of the main articles and documents that expressly mention these rights and freedoms.

• The Universal Declaration of Human Rights:
  • Article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
  • Article 19: 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.
• American Convention on Human Rights (Pact of San Jose, Costa Rica):
  • Article 12.1: Everyone has the right to freedom of conscience and of religion. This right includes freedom to maintain or to change one's religion or beliefs, and freedom to profess or disseminate one's religion or beliefs, either individually or together with others, in public or in private.
• Protocol of San Salvador:
  • Article 3 : The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

Topics

Freedom of Conscience

Conscience is defined, according to the Merriam-Webster Dictionary online, as “the sense or consciousness of the moral goodness or blameworthiness of one's own conduct, intentions, or character together with a feeling of obligation to do right or be good.” In other words, it is the inner sense of understanding and immediate perception that leads human beings to choices and other behaviors that sets them apart from other creatures.

Conscience is often described as a cognitive or mental process that is associated to the sense or impression and to reflexive, spontaneous responses. Because it involves instinctive or natural reactions, conscience is linked to values and topics of ethics, morality, integrity, law, freedom of religion, and rights.

In the United States of America, for example, the Supreme Court has interpreted what constitutes freedom of religion, and in so doing has also defined the sacredness of the inner sanctum of conscience and freedom of conscience. Inner sanctum meaning, in this context, the private, secret, and sacred of places to which only the individual has access for being its own conscience.

Freedom of Speech

Tied to freedom of conscience is freedom of speech, for after the thought may come the expression of it. Such expression is often manifested verbally. In the context of freedom of religion, the belief pertains to what is often referred to as the forum internum, when the belief is still in the inner sanctum, conscience or thought. The expression of such belief is the forum externum, or outward expression of internal beliefs. It is an act of communication of what is held in the conscience; it includes the sharing of thoughts, opinions, ideas, positions, questions, doubts, reflections.

Consequently, key international instruments have been created as the foundation and framework for governments and people in the form of international conventions, covenants, declarations, pacts, protocols, resolutions, and statements. These supporting documents establish declarations in behalf of the protection of freedoms of conscience and speech.

Analysis

In his analysis titled “A Critical Review of Asia Bibi Case”, published in the Lum Law Journal online, author and lawyer Zia Ullah Ranjah, made the following analysis on the judgement of the Asia Bibi blasphemy case:

In the landmark judgment in the Asia Bibi case, the SC [Supreme Court] has extensively referred to the Quran, Sunnah, and the covenant of the Prophet Muhammad (Peace Be Upon Him) with non-Muslim minorities to strengthen its reasoning [and even Shakespeare]. The SC further affirms its authority in interpreting the Islam on blasphemy. It established with a thorough analysis of the law that only the State has the mandate to decide in blasphemy cases. This judgment hints on the conduct of the lower courts as to the appraisal of evidence. However, it does not provide guidelines for the appreciation of evidence in blasphemy cases by the lower courts. The SC highlights the misuse of blasphemy laws in Pakistan but fails to propose safeguards for the protection of minorities. The SC goes a long way to disapprove the conduct of those who have brought false blasphemy cases against minorities. Nevertheless, it did not recommend an adequate punishment for such persons.

Though a critical analysis, which suggest the need for clearer provisions, proposals, and recommendations emanating of the highest court, it points to the to the fact that the lower court had handled the case incorrectly in the first place. It also stresses the mishandling of the blasphemy laws in the country and, ultimately, the Supreme Court in this case rightfully upholds the acquittal of Asia Bibi.

Although not part of the sentence, another fact that helped Asia’s case was the international and mediatic coercion. These are all reasons why the court got it right and set an example-precedent that transcends borders, ethnic groups, and religious beliefs.

Conclusions

Freedom of conscience is also referred to as freedom of thought, freedom of ideas, and freedom of belief or religion. It is the freedom of any human being to contemplate, have, produce, or think of a perspective, point of view, or belief. Freedom of speech is the liberty to express, communicate, a verbal manifestation or the forum externum of what is in the inner sanctum of our forum internum, which is our conscience.

The Asia Bibi blasphemy case and its judgement are a real example and reminder of the importance and the conflicts that surround freedom of conscience and speech in different cultures and subcultures throughout the nations. And more importantly, it is a precedent of hope for those who are awaiting judgement for similar accusations. It is also a source of inspiration for government leaders and legal advocates to continue to fight for justice, cultivating basic freedoms, and supporting one individual at a time.