The International Forum for Responsible Media Blog

Author: INFORRM (Page 2 of 604)

Case Law, Strasbourg: Sanchez v France, Expansion of Intermediary Liability in the Context of Online Hate Speech – Jacob van de Kerkhof

Self-confident people are usually not too concerned about what other people post on their social media pages. But they should be. On 15 May 2023, the Grand Chamber of the European Court of Human Rights (‘ECtHR’ or ‘the Court’) released its judgment in the case of Sanchez v France, following an earlier Chamber decision which found no violation of Article 10 of the European Convention on Human Rights (ECHR).  In a lengthy decisionthe Grand Chamber explored the limits of freedom of expression in the context of hate speech in an election-related setting and intermediary liability for actors on the internet. Continue reading

Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment

web designThe opinion of Gorsuch J for the US Supreme Court in 303 Creative LLC v Elenis 600 US (2023) (Opinion (pdf) | Justia) has been widely welcomed on the US political right as a victory religious rights and just as broadly deplored on the US political left as a defeat for LGBTQ+ rights. Many on both sides agree, however, that – either way – it is an important defence of free speech. I am sorry to say that it is nothing of the sort. It is a stalking horse for an approach that will have pernicious consequences for the First Amendment. Continue reading

« Older posts Newer posts »

© 2023 Inforrm's Blog

Theme by Anders NorénUp ↑