Concept in Definition ABC

The denomination of law gag is proposed by those individuals or groups who consider that a law limits freedom in some way. Let's take an illustrative example of a hypothetical nature. In one country, a law is enacted that regulates demonstrations and imposes certain limits on citizens in relation to their ability to freely express their ideas. It is very likely that said rule legal receives the qualification of gag law, something that carries a certain controversy, especially in a democratic context.

Technically speaking, a gag is a holding instrument that is attached to the jaw of a horse to control it properly. This term is also used as a mechanism used in some machines to stop their functioning. In a figurative sense, a gag is anything that prevents us from being able to speak freely. This brief introduction helps us to better understand the meaning of this entry, since a gag law is a legal provision aimed at limiting the free expression ideas in some sense.

The debate between security and freedom

If we stand at the coordinates of the democracy, freedom is a fundamental principle. It is not a simple word, but is embodied in a series of legal provisions that formally recognize freedom of expression, movement, assembly, demonstration, etc. If the recognized freedoms have some kind of limitation, it is logical that there are groups that express their discomfort, since they consider that the restrictions imposed by law go against the spirit of freedom, a conquest politics especially valued in the western world.

From the perspective by which a gag law is defended, it is normally alleged that it is not a matter of curbing the different freedoms already recognized but of imposing an order in the interests of greater safety. Again, it may be useful to resort to an example: a law that prohibits demonstrations in the vicinity of the headquarters of popular representation. According to the promoters of the law, the purpose of it is to defend the representatives of national sovereignty, a circumstance that does not prevent the demonstration in other places. According to the detractors of this legal provision, it is a gag law, since the freedom of manifestation is above any other circumstance and it is not admissible that there be any type of restriction about.

The controversy that is generated with respect to the supposed gag law is framed in a debate that periodically appears in democratic societies: betting on freedom or security or a compromise between the two.

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