Dogmatika svobody projevu z hlediska teorie, legislativy a soudní praxe
Dogmatika svobody projevu z hlediska teorie, legislativy a soudní praxe

Summary/Abstract: The author deals with basic problems of the concept of freedom of expression in terms of theory, legislation and judiciary. Freedom of expression he understands broadly as expression not only of opinions, but as expression of merely facts. From the point of view of theory the freedom of expression appears as 1. part of other ba­sic rights and freedoms (e.g. the right of petition, the right of peaceful assembly); 2. lex generalis in relation to special protected aspects of freedom of expression (e.g. the freedom of artistic creation); 3. connected with bringing about other ri­ghts as freedom of free choice of profession or of economical activity; 4. preferred freedom (Art. 22 of the Charter); 5. constitutionally guaranteed public subjective right; 6. objective vafue binding law-giver; 7. institutional guarantee of existence of mass media. The authors explores the history of the drafting and adoption of the Art. 17 of the Charter, its content and possibilities of the concretisation and limitation of the freedom of expression. The freedom is limitable on the ground of the Charter and international treaties concerning human rights and fundamental freedoms by which the Czech Republic is bound (Art. 10 of the Constitution). lt is especially negative right - the state is not obliged to ensure the publication of opinion of its bearer. Further the author states particular laws connected with application of this freedom. Finally he points out still rare rulings of the Constitu­tional Court of the Czech Republic in this matter what does not enable to make clear conclusions concerning the reasoning in this field.

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