Interpreting ‘reasonably justifiable in a democratic society’: A protective standard for free speech in Nigeria

Abstract

Free speech is a delicate matter and of special value to the sustenance of a democratic society, but it could be a source of concern when discussing public harm. Knowing the value of free speech vis-a-vis concerns of public harm, the framers of our Constitution struck a balance between public harm and free speech by requiring a law that will abridge free speech be justified. This work seeks for a strict standard of review of laws that may abridge free speech in Nigeria arguing that since free speech is of special value to humans and democratic governance, it requires more than mere moderate or tolerable reasons for its suppression. Following the synthetic method of constitutional construction and international standards, a workable standard that courts may apply when deciding the justifiability of laws that seek to suppress speech in a republican democracy is prescribed.