Speech Freedom in Crisis in the View Point of Jurisprudential Basics and Constitution

Document Type : Research Paper

Authors

1 Assistant Professor of Law Department, Ayatollah Azami University of Borujerdi (RA), Borujerd, Iran

2 Assistant Professor, Department of Law, Grand Ayatollah Borujerdi University, Borujerd, Iran

Abstract

One of the most important subjects that attracted attention of scientific, political and judicial assemblies during two decades ago, is active and influential role making of celebrities, artists, sportsman, sportswoman and politically and scientifically. famous peoples on public opinions and directing community protests. Descanting of celebrities and influential persons may be lead to control of social crisis and meanwhile have a unique role on making social crisis or it’s aggravation and it’s leading towards disturbance, riot and disorder, in the viewpoint of penal policy, the study of scientific and legal approaches towards descanting of celebrities and influential peoples is an important issue and it’s achievements can decongestant in lawmaking about actions of celebrities and influential persons. This article with a descriptive analytical method studies that issue and concludes that although freedom of speech is a basic legal rule and its legality is unimpeachable, but it is a conditional and stipulated rule and therefore it is unjustifiable on grounds of jurisprudential basics of Islamic governance like Amre-Be-Ma’rouf and Nahye-Az-Monkar and with some principles of Constitution of Islamic Republic of Iran about peoples’ rights,  if its implementation breaches basics of Islam and leads to disorder and aggravation of social crisis.

Keywords


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