The Foundation of All Rights
Freedom of Speech Abstract Freedom of speech, thought, and conscience constitute the cornerstone of all human rights. Without the capacity to articulate claims, challenge authority, and bring grievances into the public sphere, other rights remain inaccessible and unenforceable. Drawing on the ideas presented in Muslims and the Western Conception of Rights , this essay argues that freedom of speech must be understood relationally, within the dynamics of power. The protection of vulnerable voices is paramount, while the claims of those with systemic power must be subject to limitation. Historical precedents demonstrate that transformative change has been initiated by the speech of the marginalized, underscoring the necessity of safeguarding this freedom as foundational to justice and human dignity. The discourse on human rights presupposes the ability of individuals and communities to make claims against authority. Yet claims are not self-executing; they require articulation, dissemination, and recognition. As argued in Muslims and the Western Conception of Rights, the right that enables these processes—freedom of speech—is therefore not simply one right among many but the very foundation upon which all other rights depend. Absent this freedom, no individual or community can effectively assert their humanity or contest violations of dignity. The indispensability of freedom of speech is most evident when examined through the prism of power. Rights are always situated in asymmetrical relationships. Individuals and groups with political authority, economic wealth, or social capital enjoy disproportionate access to platforms of communication and to the means of amplifying their voices. By contrast, marginalized communities […]