The Essence of Freedom of Speech: The Unity and Contradiction Between Natural Liberty and Positive Law

The article is devoted to the study of the problem of legal understanding of one of the fundamental freedoms of man and citizen — freedom of speech. The Constitution of the Russian Federation proclaims freedom of thought and speech, and guarantees its realization to every person. Freedom of speech is a natural and inalienable human freedom and forms the basis of the legal status of an individual. However, this freedom has limitations. The restrictions established by the Constitution of the Russian Federation and federal laws are aimed at protecting and protecting the rights and freedoms of any person, society as a whole and its moral foundations, as well as the state and constitutional order founded by citizens. The author explores the legal limits of freedom of speech and the grounds for its restriction. Analyzing the essence of freedom of speech as a natural and positive freedom in historical, philosophical and legal aspects, the author comes to the conclusion that understanding the essence of freedom of speech is impossible without taking into account its limitations in their interrelation, and ignoring laws inevitably leads to negative consequences and, above all, legal ones.

Authors

Publication Details

Journal
Civil society in Russia and abroad
Published
2024-08-08
DOI
https://doi.org/10.18572/2221-3287-2024-3-18-21
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

The Essence of Freedom of Speech: The Unity and Contradiction Between Natural Liberty and Positive Law

Ellada Yu. Balayan, Natalya V. Sviridova
Civil society in Russia and abroad
Legal and Policy Issues
article

The Essence of Freedom of Speech: The Unity and Contradiction Between Natural Liberty and Positive Law

Ellada Yu. Balayan, Natalya V. Sviridova
article en

Abstract

The article is devoted to the study of the problem of legal understanding of one of the fundamental freedoms of man and citizen — freedom of speech. The Constitution of the Russian Federation proclaims freedom of thought and speech, and guarantees its realization to every person. Freedom of speech is a natural and inalienable human freedom and forms the basis of the legal status of an individual. However, this freedom has limitations. The restrictions established by the Constitution of the Russian Federation and federal laws are aimed at protecting and protecting the rights and freedoms of any person, society as a whole and its moral foundations, as well as the state and constitutional order founded by citizens. The author explores the legal limits of freedom of speech and the grounds for its restriction. Analyzing the essence of freedom of speech as a natural and positive freedom in historical, philosophical and legal aspects, the author comes to the conclusion that understanding the essence of freedom of speech is impossible without taking into account its limitations in their interrelation, and ignoring laws inevitably leads to negative consequences and, above all, legal ones.

Civil society in Russia and abroad
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Legal and Policy Issues
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The Essence of Freedom of Speech: The Unity and Contradiction Between Natural Liberty and Positive Law — Ellada Yu. Balayan, Natalya V. Sviridova · Civil society in Russia and abroad (2024) | TGRS Research Map | TGRS