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2 Amsterdam L.F. 1 (2009-2010)

handle is hein.journals/amslawf2 and id is 1 raw text is: amsterdamlawforum VU University Amsterdam Editorial Freedom of expression is a fundamental right recognised in national and international human rights law. It is a multi-faceted right that entails not only the right to express our ideas, but also the right to seek and receive information about ideas. As students, we value universities and other educational forums as one of the most relevant arenas for the pursuit and expression of ideas. From the classroom to the Internet and the public arena, the opportunities to express ourselves seem almost endless; but lately it has become clear that they are not without restrictions. International case law upholds that freedom of expression is a basic right, but not without recognising its limitations. In Europe, to be able to say and do as we please is considered a core value. However, what is experienced as a core value in the Europe can be blasphemy in other regions of the world. We must therefore pay attention that the views we express are not inflammatory or cause a threat to civil peace, and incite violence. This seems reasonable enough on its surface, but who determines what is or is not inflammatory? What means nothing to one person might be extremely disparaging to another. What is wildly offensive to one may be simply a funny joke to the other. This was recently demonstrated in the Jyllands-Posten Mohammed cartoon controversy, where a Danish newspaper published twelve cartoons depicting the Islamic prophet Mohammed. A complaint was filed alleging that Jyllands-Posten had disturbed public order by publishing the cartoons, thereby publicly ridiculing or insulting dogmas of worship of a lawfully existing religious community. While it was eventually found that there was no basis to conclude that the cartoons constituted a criminal offence, this incident sparked dialogue on censorship and freedom of expression. Denmark is not the only European country to make headlines for freedom of speech issues. In France, film star Brigitte Bardot was convicted twice for 'inciting racial hatred' after Islamaphobic comments in her writings. In the Netherlands, there has been recent controversy regarding the prosecution of Geert Wilders for his controversial film about the promotion of violence in the Islamic religion. Each of these claims was brought by parties exercising their rights under various legal frameworks. Each of these cases was deemed serious enough to be considered by a national court, and each has garnered serious media attention. While not all legal actions are successful, one still has to wonder, do cases like these chill important political and social dialogue? One great concern is that people will keep their opinions to themselves after hearing about cases where the expression of an unpopular or politically incorrect opinion led to legal actions and/or social and career implications. While we certainly shouldn't make statements or demonstrations with the goal to incite violence or cause civil hysteria, the definition of 'being inflammatory' enjoys

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