THE PRINCIPLES OF THE FREEDOM OF EXPRESSION AND DISSEMINATION OF THOUGHT, ITS HISTORICAL DEVELOPMENT AND ITS RESTRICTION BY ADMINISTRATIVE SANCTIONS

DÜŞÜNCEYİ AÇIKLAMA VE YAYMA HÜRRİYETİNİN ESASLARI TARİHSEL GELİŞİMİ VE İDARİ YAPTIRIMLARLA SINIRLANDIRILMASI

Abstract

Democratic societies cannot be defined solely by the way administrators are elected. The indispensable part of democratic societies is the freedom of the individual. According to this idea, the individual’s ability to express and represent himself freely in society can provide information about the degree of democracy of the society he lives in. Empowering the individual against the state will bring about a free society. Freedom of expression is mentioned in Article 26 of our Constitution. The second paragraph of the same article includes limitations. In this case, it is accepted that we are free within a circle with certain boundaries. To what extent is this compatible with the literal meaning of freedom? Freedom and borders are regulated in the same article. The fact that these two opposing concepts are arranged together also demonstrates the approach to freedom. Is limited freedom real freedom?  Is it acceptable behavior for a person who believes in limits to draw boundaries for his freedom? Or do people and society set limits because they are afraid of their thoughts? Since there cannot be unlimited individuals in society, it is inherent in their nature that their freedoms are restricted. The limit of one person’s freedom will be another person’s freedom. As British author Evelyn Beatrice Hall put it in her words, “I don’t agree with anything you say. However, I will defend the freedom to express them at the expense of my life.” In this case, limiting the freedom of an individual can be considered as preventing interference with the freedom of another individual or as the requirements of life in a community. In order for the administration to intervene against Freedom of Expression, certain conditions and procedures must be met. In addition, the necessity, conditions and extent of this intervention must be determined in advance.