USA: What it means to protect free expression

USA: What it means to protect free expression - Media

Donald Trump takes the stage following early results from the 2024 US presidential election, West Palm Beach, Florida, 6 November 2024. Photo: Callaghan O'Hare / Reuters

The state of free speech in the United States featured prominently in the 2024 presidential campaign, and in recent years. The self-serving instrumentalization of this fundamental right to suit particular political agendas is deeply worrying. As the United States prepares for a transition of power to the second presidency of Donald Trump, ARTICLE 19 outlines what it really means to protect and champion freedom of expression.

In a video that recently resurfaced online, President-elect Donald Trump proclaimed free speech ‘the most fundamental right’ and decried it as being under attack by the ‘censorship cartel’, composed of ‘left-wing activists’ and ‘depraved corporate news media’.

In recent months, Trump’s close acolytes, including Elon Musk, have been quick to denounce supposed ‘censorship’ of conservative voices, while openly attacking the media and threatening lawsuits against those who dare to criticize them. Donald Trump himself threatened to revoke broadcast licenses of media networks he deemed unfavorable to his agenda. At the same time, right wing officials and public figures have continued to spread falsehoods, target minorities and sow division.

This is not freedom of expression – it is an effort to entrench power.

Freedom of expression, as enshrined in various international human rights instruments and in the Constitution of the United States, encompasses the right to speak, be heard and to participate in political and social life. At its core, it is about ensuring that everyone, especially those with less power, can use their voices to challenge the powerful, question the status quo and demand change.

If Donald Trump’s administration wants to truly champion freedom of expression, ARTICLE 19 urges it to recognise the following principles.

Free media is essential for democracy

A free and independent media is the cornerstone of democracy. Attacks on the media are a direct attack on our right to know.

A free media is not the ‘enemy’ – it serves the vital function of holding power to account. Trump’s administration must urgently change course and cease the targeting of the media, which further erodes trust and directly contributes to the growing polarization in the country.

To champion freedom of expression is to enable, not hinder, journalists’ right to report, in recognition that their work, done without fear or favor, is essential for the functioning of a democracy.

Free expression protects disagreement and debate, not incitement to violence

Freedom of expression is powerful, which is why there are guardrails in US and international law against misusing this power to harm, discriminate and violently target individuals.

Too often, self-appointed free speech champions willfully disregard legitimate restrictions on expression meant to protect vulnerable individuals as a way of justifying hatred.

We are clear: freedom of expression does not grant a right to incite to violence, discriminate or harass.

Information integrity fosters understanding and strengthens societies

Campaigns against researchers and academic institutions that study disinformation are self-inflicted wounds. All administrations should support research aimed at exposing threats to democracy and undermining rights to information: ensuring that the US information environment is resilient to manipulation is a bi-partisan issue.

Protecting information integrity also means pushing back on censorship at home. Book banning and censoring teaching of LGBTQI+ and race issues is a direct attack on free expression and the right to information.

Denying young people and students opportunities to learn not only violates their right to know – it directly contributes to increased divisions in society. Education that is inclusive and respectful of diversity builds understanding and creates stronger societies in which those who have been historically silenced can finally be heard.

Information is power – our ability to access it must not be dependent on business interests

Our ability to express ourselves is increasingly in the hands of a small number of actors. Big Tech and social media companies are gaining more control over what we interact with online. At the same time, the legacy media is owned and sustained by businesses that might find it inconvenient or financially risky to fund independent journalism for fear of getting on the wrong side of powerful agendas.

Championing free expression means addressing this dangerous concentration of power over our information landscape.

Advocates for freedom of expression must ensure that people have the power to choose what they access and share online, and address the dangers of letting business interests shape the future of expression.

Freedom of expression must be defended on the international stage

At a time when over half of the world’s population are living through a freedom of expression crisis, this fundamental right needs strong allies on the international stage. Free speech and other human rights must become a foreign policy priority, not just in rhetoric, but in concrete action.

This means remaining committed to the multilateral system, including remaining a full member of UNESCO and the UN Human Rights Council. In the face of democratic declines around the world, it must also mean continuing to staunchly advocate for the principles of a free and open internet.

Today, promoting free speech is also about holding states, especially allies, to account for attacks on freedom of expression in conflict zones, including in Ukraine, Palestine, Lebanon and beyond – condemning killings and attacks on journalists and pushing for international accountability for war crimes.

 

To champion free expression is to protect the right for all – not just one’s allies.

ARTICLE 19 stands ready to protect those principles and we will hold all power-holders accountable for their record on freedom of expression, at home and around the world.