First day when I know that I need to take Communication Law, I just panicked and did not know whether I can survive for this class or not. Turn out to be, I love this class because I learn so many interesting cases, which I did not know that these things are existed. At first, I did not really believe in freedom of speech because Indonesia does not really have one. However, after joint the class, and learnt cases from others, I do believe in Freedom of speech that each of us has the freedom to express our thoughts freely. I hope that Indonesia will develop laws that will support and give us the freedom of speech.
Furthermore, I do understand that each country will not have a same law of freedom of speech. As we already learnt, USA has different law with German, Japan, and British Columbia. One of the many reasons that differentiate the law is our culture because culture plays important role in our law. However, living in Indonesia is quite hard because we do not really have our freedom of speech. One biggest reason is that Indonesia is a Muslim country, and Islam has so many restrictions, so we do not have freedom to express ourselves; therefore, I am hoping that Indonesia will have a law that will protect our freedom of speech bases on our culture.
There are so many cases that attracts my attention, and one thing that I think it’s important is that everyone should have freedom of speech no matter how old is he/she. For most of the time, age is the key to decide whether he will have the freedom of speech or not. I think each one of us has our own freedom from the time we born; therefore, there are no exceptions between ages. Thomas I. Emerson believes in protecting free speech because it’s important overall.
Other than ages, pornography is also another problem in Indonesia. Films’ producers in Indonesia have produced so many great movies. However, 6 out of 10 movies that produced are banned by the Muslim’ organization. There is one film called Basah or Wet in English translation. The movie was banned because the movie contains sexual incitement. Basically, the movie is purposely made to teach teenagers about sex, but the Muslim’ organizations just did not care and banned it. It is one of the biggest problems in Indonesia, there are so many restrictions that limit ourselves to create and express our ideas. This case reminds me of Castillo v. Texas about our rights to sexual speech. Those films’ producers have a great purpose and want to touch the sensitive topics, and bring it out there, so people know and learn about sex. I think the movie should not be banned because they have their freedom to express themselves just like manga, which is contained others’ expression through pictures; even if it has sexual content.
And to support this problem in Indonesia, I will support with my favorite philosopher, who is Edwin Baker’s liberty theory of freedom of speech. Baker argues that freedom of speech is not primarily a means to a marketplace of ideas, or truth, or democracy. Instead, he argues the view that liberty of speech is integral to individual self-fulfillment and so needs to be treated as a universal right of human dignity (Tedbaker and Herbeck 441). Baker believes in two key values which are self-fulfillment and participation in change. And these two values founded on respect for individual equality. He also believes that our speeches go beyond text, and include artistic expression and expressive conduct.
Baker does not protect violent or coercive expression that will cause direct and actual harm. His statement supports my next argument. I believe in Cohen v. California, Cohen wore a t-shirt that is written “Fuck the Draft” into LA County Courthouse. His shirt might offend some people; however, his shirt did not harm people directly. It is include as expression of his ideas and emotions, and it is not an action because he did not harm people. Under Baker, sexual materials are based on individual self-fulfillment, and First Amendment should protect right of individuals to make own choices about creating or receiving sexual materials. Therefore, based on Baker, we will be protected to express our ideas, as long as we’re not harming other people.
Lastly, other interesting part that I learn in class is where is the “burden” should be place? Is it plaintiff or defender? From my point of view, we need to make it equal between plaintiff and defender. We cannot put the entire burden to only one person. Plaintiff, who starts the civil action, should try their best to proof his points of why he sued the defendant. And on the other hand, defender, who is being sued, should protect himself from all charges; and proof that he is not guilty. By putting the burden equally, I think the case will be clearer because the judge can see from both sides’ evidences. Therefore, the final decision will be easier to make.
Overall, I’m glad to learn many cases about the United States, and really understand each one of them. I never thought that freedom of speech is so important. I am excited because I have my own freedom of speech, which allows me to express my ideas with any mediums freely. After all, it is one of my favorite classes, and I can relate almost every theory to my own life.
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