Freedom of Political Expression

Freedom of expression is a fundamental feature of a democratic society. It may only be subject to clearly defined restrictions. The purpose of this thesis is to analyse what limitations on the right to express a political opinion that are acceptable in a democratic society. I use a traditional legal method analysing the case-law of the European Court on Human Rights about freedom of expression. I also compare the European tradition in freedom of expression with the American tradition. Both of them have their roots in the Enlightenment, but they evolved in different directions. The American tradition emphasises the liberty of the individual, whereas the European tradition stresses the duties and responsibilities of those who exercise their right to freedom of expression. The most obvious difference between the two traditions is how they react to undemocratic opinions. Democratic states have a right to defend themselves against enemies to democracy. I believe that democracy demands that also those who have undemocratic views must be allowed to propagate for their ideas. A demo­cratic state may only interfere with the right to express a political opinion if it can prove that the speaker sought to incite his audience to harm, if serious harm could result from the expression, and if it is the only means available to prevent serious harm