All Academic, Inc. Research Logo

Info/CitationFAQResearchAll Academic Inc.
Document

Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines
Unformatted Document Text:  ICA 1-10808 19 that could be spent by unauthorized persons on publications and other means of communication during an election period. 138 Bowman was charged and prosecuted under the statute after arranging for the distribution of 1.5 million pamphlets on behalf of the Society to Protect Unborn Children. The pamphlets outlined parliamentary candidates’ public views and voting records on abortion. 139 The pamphlet did not endorse any candidate nor attempt to persuade the voter on how to vote in the election. 140 The European Court found the statute to be prescribed by law and pursuing a legitimate aim of securing equality among candidates. It did not find it to be necessary in a democratic society. The Court pointed out that the statute acted as a total barrier to Bowman’s publishing of information. 141 This barrier could not secure equality among candidates, when no other restrictions were placed on the press regarding the provision of support or opposition for a candidate or on the political parties themselves and their supporters in regards to advertising at any level. 142 Thus, a violation of Article 10 was found. In Lehideux and Isorni v. France 143 , an advertisement in a national daily newspaper in support of certain positive acts of Philippe Petain, a convicted WWII war criminal, was the basis of prosecution and conviction of Lehideux and Isorni for public defense of war crimes or the crimes of collaboration. The applicants argued that the advertisement reflected historical opinion and that their conviction had been intended to impose the “politically correct” version of history on the record. 144 The French government contended that if the publication had truly been a contribution to historical debate then it would have never been the subject of prosecution. 145 However, the opinion appeared in the form of an advertisement designed to attract the reader’s attention. 146 Certain facts had been omitted. In addition, the government argued that the penalty that had been imposed was purely symbolic since neither applicant served any time in sentencing for the conviction. 147 The European Court considered the conviction disproportionate and, thus, unnecessary in a democratic society which constituted a violation of Article 10. The Court reiterated that Article 10 protects all kinds of

Authors: Hollerbach, Karie.
first   previous   Page 19 of 31   next   last



background image
ICA 1-10808 19
that could be spent by unauthorized persons on publications and other means of
communication during an election period.
138
Bowman was charged and prosecuted under
the statute after arranging for the distribution of 1.5 million pamphlets on behalf of the
Society to Protect Unborn Children. The pamphlets outlined parliamentary candidates’
public views and voting records on abortion.
139
The pamphlet did not endorse any
candidate nor attempt to persuade the voter on how to vote in the election.
140
The
European Court found the statute to be prescribed by law and pursuing a legitimate aim of
securing equality among candidates. It did not find it to be necessary in a democratic
society. The Court pointed out that the statute acted as a total barrier to Bowman’s
publishing of information.
141
This barrier could not secure equality among candidates,
when no other restrictions were placed on the press regarding the provision of support or
opposition for a candidate or on the political parties themselves and their supporters in
regards to advertising at any level.
142
Thus, a violation of Article 10 was found.
In
Lehideux and Isorni v. France
143
, an advertisement in a national daily
newspaper in support of certain positive acts of Philippe Petain, a convicted WWII war
criminal, was the basis of prosecution and conviction of Lehideux and Isorni for public
defense of war crimes or the crimes of collaboration. The applicants argued that the
advertisement reflected historical opinion and that their conviction had been intended to
impose the “politically correct” version of history on the record.
144
The French
government contended that if the publication had truly been a contribution to historical
debate then it would have never been the subject of prosecution.
145
However, the opinion
appeared in the form of an advertisement designed to attract the reader’s attention.
146
Certain facts had been omitted. In addition, the government argued that the penalty that
had been imposed was purely symbolic since neither applicant served any time in
sentencing for the conviction.
147
The European Court considered the conviction
disproportionate and, thus, unnecessary in a democratic society which constituted a
violation of Article 10. The Court reiterated that Article 10 protects all kinds of


Convention
All Academic Convention is the premier solution for your association's abstract management solutions needs.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.
Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!
Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!
Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

first   previous   Page 19 of 31   next   last

©2012 All Academic, Inc.