[EL] message from Jurij Toplak re UK ban on political ads

[Benjamin Barr]

On this point, see
http://wyliberty.org/feature/celebrating-citizens-united-in-europe-speech-is-not-a-human-right/

I suppose this case is getting less attention because it draws focus to the
fact that well-intentioned reform invariably leads to the suppression of
speech.  Here, the European court couldn't trust citizens with speech
focusing on the theme "my mate's a primate"...dangerous stuff indeed.
 Earlier, the same lot of kindly inquisitors banned egg advertisements in
the UK because they talked about...eggs instead of fruit.  These
absurdities are the natural results of any system of speech purification,
efforts to make politics "clean," and the usual rubbish.

We are fortunate in the US to have a brave and independent judiciary in
place to strike down historically foolish attempts to limit and suppress
opinions, as is the main thrust of campaign finance efforts today.  Jim's
recent win in the Eighth Circuit is to be congratulated on this front.

Thank goodness, today, we here stateside can talk about apes and eggs.
 Ranching and politics, less so.  See
http://wyliberty.org/legal-center/free-speech-v-federal-election-commission/


Forward,

First Amendment Ben


Sent by my Android device. Please excuse any typographical errors.
On Jun 17, 2013 1:21 PM, "Bill Maurer" <wmaurer at ij.org> wrote:

>  I thought freedom of speech is a “Human Right.”  Perhaps the court uses
> it in an objective sense—as in, “we deal with cases involving human rights
> and sometimes decide that humans don’t actually possess any rights.”****
>
> ** **
>
> Bill****
>
> ** **
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Rick Hasen
> *Sent:* Monday, June 17, 2013 7:02 AM
> *To:* law-election at UCI.edu; Jurij Toplak
> *Subject:* [EL] message from Jurij Toplak re UK ban on political ads****
>
> ** **
>
> Subject: ****
>
> UK ban on political ads upheld by European Court of Human Rights****
>
> From: ****
>
> Jurij Toplak <jurij.toplak at um.si> <jurij.toplak at um.si>****
>
> Date: ****
>
> 6/16/13 6:58 PM****
>
> ** **
>
> To: ****
>
> "law-election at uci.edu" <law-election at uci.edu> <law-election at uci.edu><law-election at uci.edu>
> ****
>
>
> In April 2013 the European Court of Human Rights published an important
> decision on political speech. I have not noticed any posts about it on this
> list. Some of you may find it interesting:
>
> Since 1950s, UK has prohibited paid political advertising on TV or radio.
> The prohibition is not limited to election time, it is permanent. Any
> paid message "influencing public opinion on a matter which is a matter of
> public controversy" is considered political and thus prohibited. Almost
> anything of public interest is considered "political" and thus prohibited
> to be advertised.
>
> There is a government body called Office of Communications (“OFCOM”),
> which is responsible for pre-transmission examination and clearance of all
> advertisements proposed for broadcasting.
>
> The Office banned an ad of an NGO called "Animal Defenders International"
> that tried to raise public awareness by depicting a young girl in an animal
> cage.
>
> By 9 votes to 8, the European Court of Human Rights upheld the UK's law.
> It said that those who wish to spread political messages have "full
> access ... to... print media, the internet (including social media) as well
> as to demonstrations, posters and flyers" and can "advertise on radio and
> TV on a non-political matter". The decision is called Animal Defenders
> International v. UK (2013) and it is here:
> http://hudoc.echr.coe.int/sites/fra/pages/search.aspx?i=001-119244
>
> It now seems that, when it comes to radio and TV, only speech on
> "non-controversial matters" is protected. Speech on controversial matters
> is limited to media owners, journalists, and those chosen by them. Not much
> of a free speech protection.
>
> Jurij
>
> ****
>
> ** **
>
>
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