The scope of freedom of expression and the notion of ‘expressive conduct’ in the practice of the Hungarian Constitutional Court

Koltay András: The scope of freedom of expression and the notion of ‘expressive conduct’ in the practice of the Hungarian Constitutional Court.
HUNGARIAN JOURNAL OF LEGAL STUDIES, 2025. pp. 1-18. ISSN 2498-5473 (2025)

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Item Type:

Article

Creators:

Creators	ORCID	MTMT szerző azonosító
Koltay András	0000-0002-4991-4343	10022540

Abstract:

Since 2018, the Constitutional Court of Hungary has decided several cases relating to symbolic speech and opinions expressed through actions (‘expressive conduct’). This paper attempts to review and critique these judgments in light of the relevant ECtHR jurisprudence. The scope of freedom of expression and the protection of speech are related but fundamentally different issues. Certain acts, even without constituting actual speech, are clearly protected by freedom of expression. The lines can be difficult to draw, and speech (expressive conduct) that is outside the scope is not covered by the constitutional protection of freedom of expression. However, where the speech or action is within the scope, the compatibility of the speech restriction applied with the protection of freedom of expression must still be examined. The paper argues that in some cases the conduct in question was unjustifiably excluded from the scope of freedom of expression by the Constitutional Court. Moreover, in the cases examined, the Court did not apply the appropriate fundamental rights tests, not even in cases where the exercise of freedom of expression was recognised.

Journal or Publication Title:

HUNGARIAN JOURNAL OF LEGAL STUDIES

Date:

2025

Volume:

2025

Page Range:

pp. 1-18

ISSN:

2498-5473

Institution:

Pázmány Péter Katolikus Egyetem