Limits of Freedom of Expression - When It Comes to Flag Burning
| Authors | |
|---|---|
| Year of publication | 2008 |
| Type | Article in Proceedings |
| Conference | A Brief Introduction to Czech law |
| MU Faculty or unit | |
| Citation | |
| Web | http://aicels.org/aicels/the_ongoing_projects.html |
| Field | Law sciences |
| Keywords | Freedom of Expression; Freedom of Speech; Negative Rights; Positive Rights; Czech Charter on Fundamental Human Rights and Freedoms; First Amendment; Bill of Rights; Flag burning |
| Description | Generally, the author considers flag burning issues in Czech and American legal systems and outlines the core doctrines and tests respecting freedom of speech and its limitation. Notwithstanding that these two legal systems are based on completely different grounds, he compares their limitation doctrines and shows the actual effects of such doctrines on applicable court rulings. When reading this article, a reader will be given explanation of such concepts as bad tendency, clear and present danger, Brandenburg test, proportionality test and many others and be shown how extensively the concept of freedom of speech can be interpreted. The final part of this article is devoted to analyzing the approaches to flag burning issues. It has been shown that the breadth of freedom of speech in the Czech Republic and United States varies in respect to national symbols. However, the author recommends future communication between these two legal systems. |