Publishing confidential information vs. freedom of speech Cover Image

Publicarea informaţiilor confidenţiale vs. libertatea de exprimare
Publishing confidential information vs. freedom of speech

Author(s): Magdalena Roibu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: freedom of expression; article 10 of the European Convention; restraints; state secret; criminal investigation in course; pending criminal trial; ECHR; US Supreme Court; ICTY

Summary/Abstract: An emblematic US Supreme Court Justice (William O. Douglas) once stated that „There comes a time when even speech loses its constitutional immunity”. Although in all democratic societies freedom of expression is the rule and not the exception, there are some cases where its restraints are allowed by courts, such as the publication of information about criminal investigations in course, pending criminal trials, state secrets or the private life of individuals. The present study illustrates the different approach to publication of such information by some notorious courts of law worldwide, i.e. the European Court of Human Rights, the US Supreme Court and the International Criminal Tribunal for the former Yugoslavia.

  • Issue Year: 2011
  • Issue No: 1
  • Page Range: 102-107
  • Page Count: 5
  • Language: Romanian