27 Indiana J. Global Legal Studies 431 (2020)
In the fall of 2018, the European Court of Human Rights (ECtHR)
issued a decision upholding the criminal conviction of an Austrian
national (E.S.) in violation of Austria's Criminal Code against the
disparagement of religious doctrines. Her initial conviction in the
Austrian court was based on statements she made about the Prophet
Muhammad while teaching a series of seminars entitled "Basic
Information on Islam." In upholding her conviction, the ECtHR found
that there had been no violation of the Austrian's right to freedom of
expression under Article 10 of the European Convention for the
Protection of Human Rights (Convention), and therefore Austria's
conviction was valid and did not impermissibly infringe on her right to
freedom of expression. This case adds yet another dimension to the
polarizing debate regarding freedom of expression and the permissible
limitations that may be placed upon this freedom. In this article, I argue
that this case can be viewed as a turning point in the free expression
debate, and perhaps indicates an awareness that such restrictions on
speech may be necessary in order to maintain public safety and order.
"When Freedom of Speech Comes at a Cost: A Case Study of E.S. v. Austria,"
Indiana Journal of Global Legal Studies: Vol. 27
, Article 11.
Available at: https://www.repository.law.indiana.edu/ijgls/vol27/iss2/11
Available for download on Sunday, August 01, 2021