Re: What, exactly, is ‘free speech’
It seems to me, as a non-USAian, that 'free speech' has a corollary, that you can say whatever you like, but YOU, as the speaker or writer, are absolutely responsible for what you say or write. AFAIK this is its meaning under British Law as well as most Commonwealth members' legal systems. If it doesn't have this meaning under the US Constitution, kindly enlighten me about its legal meaning there.
Under the US constitution, “free speech” flows from the text of its first amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
US freedom of speech is not absolute — for example, false testimony under oath is not constitutionally protected — but it can be broader than in other jurisdictions: e.g. hate speech is constitutionally protected, except in the case of imminent violence.
It seems to me that all people don’t hold absolute responsibility for what they say or write, regardless of the legal system — for example, children below a certain age (which can vary by legal system) aren’t held in absolute responsibility for what they say or write.
A law along these lines would get social media off their current hook BUT, and it’s a big but, they MUST know who published an objectionable or defamatory post so that the lawyers can hit the correct target, namely the author. In other words, it should not be possible to be legally anonymous on these sites. […] Whistle blowing is quite another issue and nothing whatever to do with Free Speech.
In the US, anonymous (and pseudonymous) speech is recognized as being derived from the first amendment, but again, it is not absolute. Many whistleblowers depend upon anonymous reporting mechanisms, so in my view there can be a connection between whistleblowing and free speech.
Most of Europe seems to use a derivative of Napoleonic Law, which I don't understand at all,
The major difference between a civil law legal system (Napoleonic law is one type of such a system) and a common law legal system is that in a civil law legal system, case law is subordinate to statutory law, and judicial precedent is rare, since judges tend to decide cases using the legal code that underlies the statutes; but in a common law legal system, case law is on an equal footing with statutory law, and judicial precedent is relied upon due to the lack of a legal code that underlies the statutes.
Some jurisdictions use a mixture of these two legal systems, e.g. Scotland, South Africa, Québec, Louisiana.