PHOTO: The Author
By Austin S Fallah-An Advocate for the Respect of Jurisprudence
As students, former students, and graduates of the University of Liberia, we must stand against outlawry in all its forms, shapes, and sizes that do not serve the common good as we shape the isoquant curves(lines) of economically productive Liberia.
The word “Outlawry,” as used in this article, references Hooliganism.
I have superfluously used ” hooliganism” in most of my articles but decided to inculcate a new word, ” Outlawry.”
Like my intellectual and academic mentor, Dr. Henry Boimah Fahnbulleh, Jr., always tells me, ” Brother Fallah, be a positive and good influence on your generation so that your impact makes a difference in the lives of the people.”
Introduction:
Freedom of speech is a cornerstone of any democratic society, serving as the foundation for individuals to express their opinions, criticize the government, and engage in free discourse.
The Constitution guarantees this right in Liberia, allowing citizens to participate in a robust dialogue.
However, individuals who engage in outlawry can sometimes manipulate this fundamental freedom.
This term refers to actions outside the scope of legality, often causing harm to societal infrastructure and individual rights.
I aim to delineate the critical differences between outlawry and freedom of speech within the Liberian context, arguing that while freedom of speech is a protected right, outlawry must be recognized and curtailed to preserve the common good and the rule of law.
Understanding Freedom of Speech in the Liberian Context:
The Liberian Constitution, like many liberal democracies, enshrines the right to free speech.
This includes the freedom to express thoughts, opinions, and beliefs without fear of retaliation or censorship.
Article 15 of the Liberian Constitution explicitly protects the freedom of speech, encouraging an environment where ideas can be shared, debated, and refined.
Such a framework is vital for democracy, and it fosters participation, encourages the spread of knowledge, and governs public order through discourse.
However, this right must be exercised responsibly.
In one of my Negotiation and Conflict Resolution classes in law school, I read where the philosopher John Stuart Mill argued for the “Harm Principle,” positing that ” freedom of expression should not extend to actions that cause direct harm to others.”
In some circumstances, invoking “freedom of speech” becomes a shield for those who engage in outlawry, misleadingly justifying detrimental actions that infringe upon the rights and welfare of others, particularly the nation-state.
Defining Outlawry and its Consequences:
Outlawry, in the context of this discussion, refers to a range of behaviors that deliberately undermine the rule of law and societal order.
Instead of engaging in productive dialogue or constructive criticism, outlawry often manifests as violent protests, incitement to hatred, defamation, or vandalism.
Such behaviors erode trust in public institutions and can often damage public and private properties, as witnessed with the burning of the Liberian first seat of government, the Legislature.
In Liberia, where historical grievances related to civil unrest and corruption still resonate within the sociopolitical landscape, the misuse of free speech has taken on a particularly dangerous dimension.
Individuals or groups, while invoking the mantle of free speech, may (have engaged) engage in acts that destroy (destroyed)the very fabric of society.
This kind of activism, masked under the guise of social or political expression, poses threats not just to the governance of the state but also to the lives of innocent citizens who may become collateral damage in the pursuit of justice for an unrelated cause.
Furthermore, the lack of accountability for those engaging in outlawry reaches far beyond the immediate consequences of their actions.
It sends a message that there are no repercussions for acting unlawfully, which encourages further law violations and destabilizes the delicate balance necessary for a functioning democracy.
Therefore, to uphold the principles of freedom of speech, it is essential to establish boundaries distinguishing between lawful expression and outlawry.
The Role of the Rule of Law:
The rule of law is a principle vital to democratic governance, ensuring that all individuals and institutions are held accountable to the law.
It requires that laws be applied equally to all and seeks to prevent arbitrary governance.
In democratic societies, laws are established to protect citizens, and it is paramount that these laws are enforced consistently and equitably.
When there is a failure to enforce laws against unlawfulness, including actions that disguise themselves as free speech yet harm the welfare of others, the entire system of governance can crumble under chaos.
In Liberia, the rule of law must be upheld with rigor.
Citizens must understand that their freedom of expression is not absolute and is intricately linked to accountability.
When individuals lack accountability for their actions, particularly those that manifest as outlawry, they contribute to a culture of impunity that undermines democratic institutions.
This trend can lead to heightened tensions among different groups within society, creating an environment where dissent spirals into violence and lawlessness.
Responsibility versus Freedom:
Freedom, particularly freedom of speech, comes with its inherent responsibilities.
While individuals may express their thoughts and actions freely, they must do so considering the impact of their expressions on the nation and the rule of law.
The framework of civil liberties supports individual rights and communal harmony.
Every individual’s freedom to express must be counterbalanced by respect and consideration for the rights of others.
In the case of outlawry, individuals often exploit the notion of freedom of speech as a defense mechanism.
They evade their responsibilities and engage in acts that incite fear and chaos.
This necessitates a strict adherence to accountability for one’s actions.
The courts and law enforcement must work effectively to ensure that when freedoms are exercised irresponsibly, mainly when they infringe upon the rights and safety of others, there are mechanisms to address such violations.
Potential Framework for Addressing Outlawry:
A multi-faceted approach must be adopted to distinguish between freedom of speech and outlawry effectively.
Laws should be refined to clarify what constitutes legitimate discourse and what crosses the line into outlawry.
Education campaigns promoting civic understanding of rights and responsibilities can also be crucial.
Enforcement must not only involve punitive measures, but it should also include constructive dialogue mechanisms such as conflict resolution centers ( As Kla Wison and I (Austin S. Fallah suggested in our masterpiece-The Need for the Bureau of Conflict Management and Resolution in Liberia), community forums, and workshops on peaceful protests.
Involving civil society in the discussion of acceptable expressions of dissent is crucial to creating a culture where freedom thrives within the means of law and order.
Additionally, government institutions must take responsibility for addressing grievances adequately.
Often, outlawry may arise from genuine dissatisfaction with governmental policies, as we witnessed in the 1970s and 80s.
Creating transparent dialogue pathways allows the potential for grievous acts disguised as free speech to be minimized or eradicated.
Ensuring that citizens feel heard can help to decrease acts of desperation that manifest as outlawry.
Conclusion:
While the Liberian Constitution guarantees freedom of speech, it is vital to recognize the significant distinction between this essential right and outlawry.
Outlawry should never masquerade under free speech, as it threatens communal safety, trust, and the rule of law.
Upholding the principles of accountability and responsibility is crucial for maintaining a healthy democracy.
As Liberia navigates its complex sociopolitical landscape, citizens, lawmakers, and law enforcement must reaffirm their commitment to the rule of law.
Protecting the freedom of speech does not necessitate a blind eye to actions that harm society but rather a proactive stance on accountability and responsible discourse.
Only then can the foundations of democracy be solidified, enabling Liberia to grow into a nation where freedom and order coexist harmoniously.