Terrorism and Speech
Restrictions of all sorts have multiplied in the heightened security environment of the last six-and-a-half years, so it should be no surprise that, around the world, legal restrictions on speech have tightened. Since 2001, there has been a clear trend toward prohibiting speech perceived as supporting terrorism, and toward barring the dissemination of materials–including books, videos, and other forms of written and graphic communication–that are believed to be of use for terrorist activity.
International protections on free expression in no way restrict governments from criminally prosecuting direct incitement to terrorism–speech that directly encourages the commission of a crime, is intended to result in criminal action, and is likely to result in criminal action–whether or not criminal action does, in fact, result. (In the United States, where the Constitution imposes stricter protections for expression than found elsewhere, the courts have required that the prohibited incitement present a risk of “imminent” criminal action.) Yet the legal trend globally is not only to criminalize direct incitement to terrorist activity, but to criminalize indirect incitement–to prohibit speech perceived as justifying, defending, or “glorifying” terrorism. This, from the standpoint of free expression, is problematic.