FOE Essay Flashcards
(11 cards)
Where is freedom of expression protected in the Irish Constitution?
Primarily under Article 40.6.1.i (qualified by public order and morality) and secondarily under Article 40.3.1 as part of personal rights.
What did Lynch v Cooney establish about limits on expression?
That limitations must be grounded in objective criteria of public order or morality, not arbitrary state decisions.
How did Murphy v IRTC distinguish Articles 40.6.1 and 40.3?
Article 40.6.1 concerns public discourse and democratic engagement, while Article 40.3 protects a more general right to communicate.
What is the academic criticism of Article 40.6.1.i?
It is seen as overly prescriptive, elevating certain public expressions while allowing broad statutory limitations.
(Kelly, Hogan, Whyte)
What test was applied in Colgan v IRTC?
A proportionality test, upholding a political ad ban to avoid wealth-based media dominance.
What did Fennelly J state in Mahon v Post Publications?
Freedom of the press is intrinsic to a democratic society, and even worthless expression is protected; prior restraint needs strict scrutiny.
How does freedom of expression interact with the right to a good name?
In Leech and McDonagh, courts balanced expression against reputation, emphasising proportionality in defamation awards.
What does Article 10 ECHR protect?
The right to impart and receive information, including the right to offend, shock, or disturb.
(Lingens, Jersild)
What was decided in Murphy v Ireland at the ECtHR?
Ireland’s ban on religious advertising was upheld, respecting the margin of appreciation in moral matters.
What was the outcome in Independent Newspapers v Ireland?
An excessive defamation award violated Article 10, showing the ECtHR’s stricter proportionality approach.
What do academics say about freedom of expression in Ireland?
Kelly: Irish law is too conservative. Casey: Proportionality is key to harmonising Irish and international norms.
