Freedom of Speech & Right to protest Flashcards
(14 cards)
What is freedom of expression
About individual autonomy
Autonomous individuals should be free to express themselves & hear and consider what others have to say
What does Gearty say on freedom of expression
“restrictions on freedom of expression are regarded as the most serious conceivable breach of civil liberties
What are legitimate aims
Reasons that are considered acceptable for interfering with a persons human rights
- National security
- Preventation of disorder or crime
- Protection of health or morals
- Preventing disclosure of info received in confidence
What are the qualified rights of Article 10
1) Has there been an interference with the right
2) Was the interference “prescribed by law”
3) Did the interference have a legitimate aim
4) Was the interference necessary
What is the margin of appreciation
A legal principle that allows governments some flexibility in deciding when restrictions on rights are necessary.
Applies when assessing whether there is a pressing social need (preventing harm)
What did Lord Reed say in the Abortion Services case
(The courts should use) “usual structural analysis of questions arising in relation to convention rights”
What is the scope of freedom of expression in the UK
Ways of restricting freedom of expression
State security laws - breach of confidence
Public order & hate speech - Breach of peace
Academic freedom
Obscenity
Defamation
What are the 4 questions to determine necessity
i) Aim sufficiently important to justify interference
ii) Is there rational connection
iii) Were there any alternatives
iv) Is there a fair balance
What are legal protections against the right to protest
-ECHR & HRA
- The common law
What is peaceful assembly
Common purpose of participants
Private & public meetings
Right to chose time, date and manner of conduct of assembly
Must be peaceful, or at least intended to be peaceful
States must not restrict unreasonably
States must safeguard right of assembly
What are the 2 types of restriction on freedom of assembly
Rules on how the right can be used - setting conditions like requiring permits or permission
Enforcement measures - using police or legal measures to stop gatherings that break the rules
What are some statutory restrictions against Article 11
Public Order Act 1986
Protection from Harassment Act 1997
What are some common law restrictions against Article 11
Breach of the peace
“whenever a person who is lawfully carrying out his work is unlawfully and physically prevented by another from doing it”
Lord Denning in R v Chief Constable of Devon and Cornwall 1082 QB
Abortion Services 2022 UKSC
Abortion (Safe Access Zones) Bill passed in NI
Clause made it an offence to act in a safe zone in a way that influences a patient
Questioned as didn’t allow defence of “reasonable excuse”
Does banning protests near abortion clinics - without allowing a “reasonable excuse” defence - go beyond Assembly’s powers?
Unanimous - Bill was compatible with convention rights. Doesn’t interfere with Articles 9,10 and 11
