Amsterdam Law Forum (Dec 2009)
The Paradoxes of Liberty: the Freedom of Speech (Re-)Considered
Abstract
<p class="Geenafstand1" style="text-align: justify;"><span style="font-size: 13.0pt; font-family: ";Garamond";,";serif";;" lang="EN-GB">The freedom of speech is crucial to an open society, as pointed out by Mill. The ECHR differentiates between the freedom of thought and expression, which corresponds to an inner and an outer element. Liberty is necessary to find truth; the freedom of speech supposes a possibility to state things that are true and untrue. Liberty also logically implies certain limitations, like the concept of clear and present danger. Moreover, the discourse of the freedom of thought and expression is changing radically in the European countries.</span></p>