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The Right To Freedom Of Expression

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Additionally, when considering the right to Freedom of Expression, emphasis is placed on the three rationales that justify the importance of the right within South Africa. The various rationales of Freedom of Expression seek to highlight the purpose and importance of the right. As previously alluded to, the right enables the strengthening of the democracy. However, it also ensures that a society based on a culture of critical conversation and tolerance in and around all topics is established. In addition, Section 15(1) of The Constitution states that everyone has the right to freedom to conscience, religion, thought, belief and opinion. It is therefore arguable that Sindiswa’s poster was well within her right of opinion as she is well within the law in her depiction of the progress of the Bill of Rights in the 20 years. Her ability to “communicate freely contributes to self-development because it enables the speaker [Sindiswa] to clarify, test and develop her own thoughts, opinion and ideas. However the University limits the right to the freedom of thought and opinion evidenced by the rejection of Sindiswa’s poster for display, the mark allocation for her work, and Section 5 of the University Code of Conduct. The student is entitled to her opinion in an academic setting to promote intellectual growth which is part of self-fulfillment. The lack thereof indicates the University’s inability to promote intellectual growth and the ability of individuals to be informed citizens
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