Freedom of expression in turbulent times – comparative approaches to dangerous speech: the ECtHR and the US Supreme Court

The European Court of Human Rights (ECtHR) and the US Supreme (USSC) have emphasised foundational importance freedom expression. However, when exercise this liberty appears to endanger democratic institutions or national security state, readiness uphold limitations right increases. Over years each judicial body has adopted a distinctive approach towards on dangerous speech. Constitution envisages free speech as an unconditional freedom; ‘free market ideas’ is key concept, suggesting that protection availed should be widest possible. USSC gradually viewpoint-neutral focusing solely secondary effects speech, thus protecting even abstract advocacy violence. On contrary, ECtHR may contracted expression in view wider societal interests; concept militant democracy capable itself. adopts lower threshold precludes violence applies intricate balancing exercise. ECtHR’s allows more space for indeterminacy obscurity its jurisprudence. USSC’s case-law serve source inspiration with refining standards.