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4 - Freedom of Expression

Published online by Cambridge University Press:  26 October 2020

Rory O'Connell
Rory O'Connell
Affiliation:
Ulster University
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Summary

This chapter discusses the Court's free expression jurisprudence. This supports a liberal democratic conception of democracy but there are other concepts discussed also. A substantive conception comes across in some of the earlier case law on obscenity and blasphemy and more recently a substantive commitment to pluralism, tolerance and broad-mindedness is emphasised. The case law on free expression during elections and political advertising suggests a more deliberative conception of democracy, while recently there is a stronger commitment to freedom of information, essential for a participatory democracy.

Keywords

free expressionhate speechnational securitypolitical advertisingobscenityblasphemy
Type
Chapter
Information
Law, Democracy and the European Court of Human Rights , pp. 84 - 119
Publisher: Cambridge University Press
Print publication year: 2020

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  • Freedom of Expression
  • Rory O'Connell, Ulster University
  • Book: Law, Democracy and the European Court of Human Rights
  • Online publication: 26 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781139547246.007
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  • Freedom of Expression
  • Rory O'Connell, Ulster University
  • Book: Law, Democracy and the European Court of Human Rights
  • Online publication: 26 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781139547246.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Freedom of Expression
  • Rory O'Connell, Ulster University
  • Book: Law, Democracy and the European Court of Human Rights
  • Online publication: 26 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781139547246.007
Available formats
×