Abstract:

Freedom of expression is one of the fundamental rights found in the constitutions and human rights texts. In democracies freedom of expression is protected under the constitution. Freedom of expression has been defined and put under protection in the European Convention on Human Rights. However it is a fact that the State that puts this freedom under constitutional protection can herself put limitations on the use of this right in case the exercise of this right threatens the State. One of the cases wherein freedom of expression is restricted is national security. Since the notion of national security does not have widely accepted definition, and its content changes from country to country, problems come up in the restriction regarding the justness of the restrictions on freedom of expression. Freedom of expression has been defined in the Constitution of United States of America, however no restrictions have been placed on it. However the United States Supreme Court adjudicates using the restriction of national security. Freedom of expression has been defined and the cases wherein this freedom may be restricted have been listed in the European Convention on Human Rights. One of the cases wherein freedom of expression is restricted is national security. European Court of Human Right uses its own criteria that it formed by case law in the restriction of freedom of expression for national security reasons

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