Dictum of the day, or on Europe of Dreams

The problem of applying Article 10 of the Convention to exposing of political symbols deserves in my opinion our attention and profound reflection. Exposing extremists’ symbols does not seem to be a goal to which I would be ready to subscribe at any cost and rate. The Europe I believe in is by no means a Europe of extremists’ symbols. I am opposed to Europe of swastikas, Europe of concentration camps and gulags, Europe of hatred marked by banners.

Fáber v. Hungary (application no. 40721/08), Chamber Judgment, 24 July 2012, Concurring Opinion of Judge Popović joined by Judge Berro-Lefevre.

Dictum of the day, or on free speech heaven

[F]or those who have the inclination to use “Twitter” for the purpose, Shakespeare can be quoted unbowdlerised, and with Edgar, at the end of King Lear, they are free to speak not what they ought to say, but what they feel.

Paul Chambers v. Director of Public Prosecutions, [2012] EWHC 215, 27 July 2012, Lord Judge, para. 28.

Dictum of the day, or on the value of falsity

Falsity is a way in which we contrast what is false and what is true.

United States v. Alvarez, 22.02.2012, oral argument, J. Kennedy

Dictum of the day, on on the limits of speech

Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.

Snyder v. Phelps, 562 U.S.__(2011)