Archive for the ‘Freedom of expression’ Category

January 10, 2012 Off

Obscenity: an offence to individual autonomy

By Leon Glenister in Freedom of expression, Media law

So the British stereotype of being prudish and conservative may not be completely true. It turns out, after the case of R v Peacock on Friday afternoon, the average British person does not deem male phisting, urination and BDSM obscene. Prosecutions for obscenity are rare, and this decision is a good time to examine the [...]

June 9, 2011 1

Is Public Opinion Influencing What is in the Public Interest?

By Yaaser Vanderman in Freedom of expression, Right to privacy

“There is a difference between what is in the public interest and what the public is interested in”, so the aphorism goes. In fact, it is hard to read any broadsheet article on privacy without coming across that statement. But does what the public is interested in have the ability to affect what is in [...]

May 24, 2011 6

What is the purpose of an injunction?

By Yaaser Vanderman in Freedom of expression, Right to privacy

In a defiant act of arrogance, John Hemming MP stood up in the House of Commons yesterday afternoon and stated that: “With about 75,000 people having named **** ***** on Twitter it is obviously impracticable to imprison them all…” The argument could be made that Hemming was not actually naming the footballer who had obtained [...]

May 11, 2011 1

Mosley loses, but this does not mean it’s a victory for the press

By Leon Glenister in Freedom of expression, Media law, Right to privacy

Max Mosley yesterday lost the latest battle in his ongoing war with the press on privacy. He had argued before the European Court of Human Rights (‘European Court’) that where a newspaper published private information on an individual they should be forced to notify the individual concerned prior to publication. The court rejected such a [...]

March 20, 2011 Off

Brian Haw’s eviction from Parliament Square Gardens: a legal and democratic analysis

By Leon Glenister in Freedom of expression, Right to property

Last week, the Mayor of London won a case in the High Court authorising the eviction from Parliament Square Gardens of long term protestor Brian Haw. Haw began his protest in 2001 in opposition to the wars in Afghanistan and Iraq. He quickly became an irritant for the government due to his permanent camp in [...]

March 4, 2011 Off

UK Free Speech vs US Free Speech – more speech not always the solution

By Yaaser Vanderman in Freedom of expression

The boundary between legitimate expression and hate speech in the UK represents the battle between rights and responsibilities and it has been tested recently. By way of contrast, in the US the war has, by and large, been won by the right. This stark divergence requires us to answer the following question: why does freedom [...]

February 22, 2011 1

Should English judges read psalms as well as statutes?

By Law Think in Freedom of expression

Guest blog: Alice Hawker is currently studying the BPTC at BPP Law School. She graduated from Oxford University in 2010. It is ambiguous whether England is a religious State, but it is agreed that the English legal system is secular.  In a radio interview, the Bishop of Winchester criticised English law for marginalising the interests [...]

February 17, 2011 Off

Mosley’s law and protecting celebrities from “idle gossip”

By Leon Glenister in Freedom of expression, Right to privacy

In their seminal work, Warren and Brandeis, two celebrated US Supreme Court judges, warned against “idle gossip” procured only by intrusion into the domestic circle. They warned against its consequences – “harm beyond mere bodily injury” and a lowering of social morality. Over a century later, this argument still rings true in our society with [...]

February 16, 2011 5

Celebrated Decisions of the European Court of Human Rights

By Yaaser Vanderman in Freedom of expression, Human Rights Act, Right to vote

Last week we witnessed Politicians, plebeians and the press form an unlikely union in roundly condemning the European Court of Human Rights, and in no uncertain terms. It was the prospect of ‘surrendering’ the vote to prisoners that had everyone so flummoxed. This led to the remarkable statement of Jack Straw in the House of [...]

January 14, 2011 Off

Sarah Palin’s Incitement to Violence – Hiding behind the First Amendment

By Yaaser Vanderman in Freedom of expression

In the wake of the appalling events in Arizona perpetrated by Jared Lee Loughner, Aryeh Neier, yesterday in the Guardian, argued that the only method of preventing a recurrence was ‘the traditional remedy for bad speech: more speech.’ It has taken the murder of six and wounding of thirteen to suddenly jolt us into the [...]