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This article explores the contrasting frameworks of freedom of speech as enunciated in the United States Constitution and the South Korean Constitution. The First Amendment of the U.S. guarantees robust freedom of speech with protections against libel and slander lawsuits, while South Korea's Article 21 provides for freedom of speech but includes limitations aimed at protecting honor and public morals. The National Security Law in South Korea further restricts expression deemed pro-communist or dissenting, highlighting the complex balance between freedom and societal values in different cultures.
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South Korea Freedom of Speech
United States Constitution • Amendment 1 • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
United States Laws • No criminal laws against Libel or Slander. • The victim can sue in civil court but reputation-damaging allegations must be false for the victim to win.
South Korean Constitution • Article 21 • All citizens enjoy the freedom of speech and the press, and of assembly and association. • Neither speech nor the press may violate the honor or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom.
South Korean Laws • National Security Law (NSL) • Limits expression of Communist and pro-North Korean views, as determined by the government. • Broad interpretation allows government to silence dissenting viewpoints. • Government controls media • Has power to censor newspapers, radio, television. • Allows most viewpoints to be printed or heard unless they violate the NSL or the Constitution.
South Korean Customs • Talking about government officials’ private lives is taboo. • Makes officials and government appear weak. • Weak government invites North Korean Communists to take over.