United States: Facebook, Cyberbullying and the First Amendment – Susan Brenner

27 07 2014

BulliesA “15-year-old high school student” who was “prosecuted for ‘cyberbullying’ under a local law enacted by the Albany County Legislature” pleaded guilty to one count of cyberbullying and then challenged his conviction on appeal.  People v. Marquan M., 2014 WL 2931482 (Court of Appeals of New York 2014).  In his appeal, Marquan M. claimed the statute violated the  First Amendment. People v. Marquan M., supra. Read the rest of this entry »





Case Law, Strasbourg: Axel Springer AG v Germany (No.2), The Politics of Article 10 – Alexia Bedat

23 07 2014

Was-verdient-er-wirklich-beim-Gas-Pip-2-The Fifth Section of the European Court of Human Rights forcefully reiterated the importance of freedom of expression in the political sphere in the case of Axel Springer AG v Germany (No.2) ([2014] ECHR 745)(French only). The Court held that the German courts had erred in finding that an article commenting on the circumstances in which the former Federal Chancellor of Germany had put an end to his term in office had overstepped the limits of journalistic freedom. Read the rest of this entry »





Case Law, Israel, Plony vs Plonit, Supreme Court Upholds Decision to ban book which invaded privacy – Michael Factor

27 06 2014

privacyThis decision by the Israel Supreme Court concerns an appeal by an author against a decision by Judge Kanfi-Steinitz of the Jerusalem District Court that included a permanent injunction prohibiting publication of his book and 200,000 Shekels in statutory damages.

The decision tackles fundamental constitutional issues and is notable for its review of Jewish sources as well as democratic ones.  The decision is available here (Civil Appeal 8954/11) as a Word document, in Hebrew.

Read the rest of this entry »





Hislop, Coogan and the question of who really stands for free expression – Brian Cathcart

24 06 2014

Coogan HislopIan Hislop and his Private Eye colleague Francis Wheen have resigned as patrons of Index on Censorship in protest at the appointment of Steve Coogan, apparently on the grounds that Coogan’s association with Hacked Off makes him an enemy of free expression. Read the rest of this entry »





Case Law, Strasbourg: Stichting Ostade Blade v Netherlands, The limits of the concept of “journalistic source” – Hugh Tomlinson QC

22 06 2014

516_thumbIn the case of Stichting Ostade Blade v Netherlands (App 8406/06, 27 May 2014) the Third Section of the Court of Human Rights held that an Article 10 application by a Dutch magazine arising out of a police raid was inadmissible.   Read the rest of this entry »





Case Comment: Heesom v The Public Services Ombudsman for Wales, Freedom of Expression for Politicians  – Sara Mansoori

18 06 2014

PatrickHeesom-webThe appeal in the case of Heesom v Public Services Ombudsman for Wales ([2014] EWHC 1504 (Admin)) was brought by a former Welsh Councillor against his disqualification from being a member of a Council.  It raises the issue about the scope of and legitimate restrictions to a politician’s right of freedom of expression under Article 10 ECHR. Read the rest of this entry »





Case Law, Strasbourg: Couderc and Hachette Filipacchi Associés v France, A Hereditary Game of Thrones – Alexia Bedat

13 06 2014

????????????????????????????In the case of Courdec and Hachette Filipacchi v France the privacy rights of another member of Monaco’s ruling family were outweighed by the interests of the press: French court order found to have breached Paris-Match’s Article 10 by Strasbourg. Read the rest of this entry »








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