“IF LIBERTY MEANS ANYTHING AT ALL, IT MEANS THE RIGHT TO TELL PEOPLE WHAT THEY DO NOT WANT TO HEAR.”

― GEORGE ORWELL

FREEDOM OF SPEECH

What is freedom of speech? The freedom of the speech is a right to having your own opinion and to express it publicly. The idea of freedom of speech can be found in many documents. We can find its beginnings in ancient Greece and their democracy. Two of the most important values of the Roman Republic were freedom of religion and freedom of speech. The British Bill of Rights from 1689 granted 'freedom of speech in Parliament'. It was also in the Declaration of the Rights of Man and of the Citizen, written during the French Revolution in 1789. In 1791 a First Amendment to the United States Constitution came into force. It introduced he freedom of speech, press, religion, petitions and meetings.

In Poland it was firstly introduced by Kazimierz Wielki in his States from 1347.Nowadays it is considered as a standard in civilization norms, but very often the limits are imposed on it - especially when the case relates to the public offending particular people or things .

„Innocence of Muslims”

On the 11th of September US Ambassador Christopher Stevens and his three co-workers were killed in the riots in Benghazi, Libya. Protesting Muslims attacked US embassy because of the controversial American film which depicted Prophet Muhammad as a “foolish and power-hungry man”. The film posted on YouTube caused many protests and demonstrations across the Middle East, North Africa and Asia. YouTube refused to delete the film from its site, explaining that although it bluntly criticizes Islam, it do not offend Muslims themselves.

There are several versions of the death of US Ambassador. According to Al Jazeera Christopher Stevens died because of carbon monoxide poisoning, while Associated Press announced he was shot in his car when he was trying to get out of the embassy. The rest of the staff working in the embassy luckily managed to evacuate from the burning building.

The violent protest of the indignant Muslims was roundly criticized not only by Barack Obama, but also by the Secretary General of NATO Anders Fogh Rasmussen, the High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton and  President of the European Parliament Martin Schulz.

„(…)Men who wrote those unbeliveable stories”

“If we are talking about Bible – there are great Commandments and stories, which build the system of values in children, they create a willingness to be a good man. But how can I believe in something that doesn’t have any proofs in reality? Where are the dinosaurs? There are seven days of creating the world and there aren’t dinosaurs. I believe in this what the Mother Earth gave us and what was discovered in excavations. There are proofs for those things and it’s difficult to believe in something that was written by someone drunk on wine and smoking some stuff.- Who are you talking about?- I’m talking about all those men who wrote those unbelievable stories.”

(August 2009 – Dorota Rabczewska gives an interview for dziennik.pl)

For those words Ryszard Nowak, representative of a Committee to Fight Sects, brought an action against the singer for offending of religious feelings. The second report was from senator of PiS Stanisław Kogut. The case is now in a court.

Dorota Rabczewska testified that she didn’t want to insult anyone, because she “is peaceful towards people”. She was using teenagers’ language, she meant “positive people” and told that “herbs was medicinal, because they did not have aspirin”.

Dorota Rabczewska was found guilty and she had to pay 5.000zł fine. The singer became also an icon of fighting for the freedom of speech. Her fans remind the situation, where Doda’s ex-fiance Nergal tore a Bible on one of his concerts. The court found him not guilty and deemed his act „artistic expression”. The same thing happened when a band Grupa Operacyjna called Doda “blachara”. Dorota Rabczewska announced that she will search justice by appealing to the European Court of Human Rights in Strasburg.

Dorota Nieznalska

Another example might be an controversial issue involving Dorota Nieznalska, polish artist whose works present models and stereotypes of men in the society as well as difficult matters concerning popular believes in the present world.

Her most popular work is an artistic installation called “Passion” exhibited in one of Gdansk’s galleries in September 2001. It consists of Greek cross with a photography of  genitals and a voiceless video showing a men’s face, training on the gym in expression of an extreme pain .

Following an artist intention to catch attention and provoke talking point  discussing both the matter of a moral degradation of society, and phenomenon of conversion the religious culture into physical one, an installation received widespread attention of society.

However, two politicians of the far right  party Robert  Strąk and  Gertruda Szumska not understanding its assumptions felt especially offended by Nieznalska’s work and insisted on bringing her on a court for insulting their religious beliefs. As a result, in July 2003 an artist was sentenced to six months in prison and social works.  Nevertheless, she appealed against court decision and  the process was repeated . In June 2009 the Court of Appeal find her innocent  stating that offending religious beliefs was not an artist’s intention. However, the judge highlighted the importance of freedom of religion upon the right to artistic criticism .

Finally on 11th of March 2011 Nieznalska was decisively acquitted by the Supreme Court and her controversial work  was regarded as a piece  of modern art. One of the widely discussed issues and arguments of artist’s defensive line was the fact that the cross used in installation was a Greek not Latin one, which Christ was crucified on.

About three or four years ago, 18 year old girl, whose personal data was not published in media, modified inscriptions placed on one of the churches in Puławy. Text “Żyj jak Maryja” became “Żryj jak Maryja” and “Trwaj w wierze” was changed into  “Trwaj zwierze”. She was seen by passer-by who called the Police. She was charged and accused of wounding of religious feelings. She got a suspended sentence of one year of imprisonment. Also she had to pay a fine (400zł) and the sentence was publish in district court in Puławy and in church. It is almost the most harsh sentence that can be sentenced in such case.

Penalty was so severe not only because she wounded religious feelings. To her disadvantage, these inscriptions were placed on a place of worship. That probably influenced the sentence.

“EVERYONE IS ENTITLED TO HIS OWN OPINION, BUT NOT TO HIS OWN

FACTS.”

― DANIEL PATRICK MOYNIHAN

ALEKSANDRA KLIMONTAGATA CZAJKOWSKA

KASIA FILIPASIA SZCZEPAŃSKA

2012