No infringement on the freedom of expression

The government and the People Power Party (PPP) on Wednesday announced a plan to restrict rallies by civic groups with the history of illegitimate demonstrations and prohibit outdoor rallies in downtown Seoul during commuting hours in the morning and evening. They also plan to consult with the Democratic Party (DP) over a possible revision to the public rally act currently restricting rallies from 12 a.m. to 6 a.m., not to mention strengthening noise regulations. DP Chair Lee Jae-myung attacked the move for infringing on the freedom of assembly, which he called “a core value upholding democracy.”

The plan by the government and the PPP was triggered by the massive rally staged in central Seoul overnight by the construction union under the combative Korean Confederation of Trade Unions (KCTU). The rally caused a tremendous traffic jam and inconvenience to citizens. Many union members even drank soju all night and urinated on the streets. President Yoon Suk Yeol warned against any illegal acts by unions.

Strict measures to ease the pain from massive protests during rush hour could be necessary. But they also raise concern about the possibility of the conservative government restricting the freedom of speech. Our Constitution defines the freedom of expression and assembly as basic rights, stipulating that any attempt to demand permission from protesters goes against the Constitution. The government and the party prepare to restrict it to cases that pose a clear danger to public security. But controversy can flare over the standards of public security.

After the Constitutional Court ruled in 2009 that the ban on outdoor rallies before the sunrise or after the sunset is not compatible with the constitution, outdoor rallies were fully allowed. But in 2014, the top court ruled that only the ban on outdoor rallies from sunset to 12 a.m. is unconstitutional, leaving room for rallies in the early morning hours.

The law enforcement authorities must strictly deal with illegal acts such as using violence or not reporting a rally plan to the authorities in advance. But at the same time, the government must be careful not to damage the freedom of speech. During the U.S. Republican national convention in 1984, a far leftist was sentenced to one year in jail in the first trial after burning the flag, but a higher state court ruled he was not guilty as the act constituted the freedom of speech. The federal Supreme Court with conservative judges being a majority also found him innocent, citing a lack of an immediate intent to incite the public. When it relates to the freedom of expression, the government must approach it carefully and prudently — always.