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Tamás Török
PhD candidate, University of Pécs.
Article

Content Neutrality and the Limitation of Free Speech

The Relevance of an American Principle in the Case-Law of the Constitutional Court of Hungary

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Constitutional Court of Hungary, limitation of free speech, freedom of expression, content neutrality, external boundary
Authors Bernát Török
AbstractAuthor's information

    Content neutrality is arguably the most frequently mentioned principle of free speech doctrine both in legal theory and in legal practice. While it is well-known how important it is in the jurisprudence of the US, it generally remains obscure whether content neutrality is of true relevance for European jurisdictions. This article argues that the Hungarian doctrine of freedom of expression urges us to answer affirmatively. The case-law of the Hungarian Constitutional Court from the last three decades clearly demonstrates that although along with serious challenges to be responded to, content neutrality is a fundamental element of constitutional adjudication in the Hungarian doctrine. With its key concept of ‘external boundaries of free speech’, the Constitutional Court builds on the principle that restrictions should not be based on the fact that the content of speech is unacceptable, unworthy or wrong, and limitation on speech should be justified not by referring to its content alone but by referring to its context. After exploring the relevant case-law of the Constitutional Court and identifying the challenges this principle is facing in Hungarian doctrine, this article aims to construe valid theses of content neutrality in Hungarian law.


Bernát Török
Associate professor, National University of Public Service, Budapest.

Csaba Törő
Associate professor, Károli Gáspár University of the Reformed Church in Hungary, Budapest.

Ágota Török
Legal counsel, accredited public procurement consultant, National Infocommunications Service Company Ltd.
Article

Restrictions on the Freedom of Assembly

Seeking the Domestic and International Legal Practice on the Conflict between Rights and Freedoms of “Them” and “Others”

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2016
Authors Barnabás Hajas and Réka Török
Author's information

Barnabás Hajas
Ph.D. associate professor, Pázmány Péter Catholic University, Faculty of Law and Political Sciences, Department of Constitutional Law.

Réka Török
Postgraduate student, researcher, Pázmány Péter Catholic University, Faculty of Law and Political Sciences, Department of Constitutional Law.

Károly Grúber
Ambassador, Hungarian Ministry of Foreign Affairs and Trade, Reader, Széchényi István University, Győr. The author took up his duties as the head of the Foreign and Security Policy Office in the Permanent Representation of Hungary to the European Union in Brussels on 1 October 2010. He witnessed and took part in the establishment of the European External Action Service.

Csaba Törő
Associate professor, Faculty of Law, Karoli Gaspar University of the Reformed Church of Hungary, Budapest.
Article

State Acts and Responsibility in the Hungarian-Azeri-Armenian Triangle of the Safarov Case

A Legal Analysis of the Transfer and Liberation of the Notorious Convict in the Hungarian-Azeri-Armenian Triangle

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2013
Authors Csaba Törő
Author's information

Csaba Törő
Associate professor, Faculty of Law, Karoli Gaspar Protestant University and senior research fellow, Hungarian Institute of International Affairs.
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