19 June 2026
Dissonance at the Berliner Philharmonie
The Hertie School has prohibited its 2026 graduating cohort from displaying Palestinian solidarity symbols at their 22 June ceremony at the Berliner Philharmonie and required students to sign a declaration accepting these terms as a condition of entry. While universities possess a legitimate interest in protecting the ceremonial character of graduation events, categorical restrictions on peaceful symbolic expressions – particularly those not included in the taxonomy that German authorities have designated as prohibited – are arguably not proportionate. Continue reading >>
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12 June 2026
Naturalised and Muted
Not long ago, I was chatting with my German-born friends about belonging, identity, and citizenship. I had recently become a German citizen, but wondered whether that truly makes me an equal one. A lively debate immediately flared up, and my friends charmingly convinced me that there is no such thing as “Bio-German”– that this is only a ghost from the past. But then the case of Abdallah A. decided by the Berlin Administrative Court forced me to revisit that conversation. Continue reading >>
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11 June 2026
Freedom of Speech at the FIFA World Cup 2026
On 11 June 2026, the FIFA World Cup hosted by Canada, Mexico and the USA will be launched by the opening match between Mexico and South Africa in the Estadio Azteca of Mexico City. Considering the current international context, in particular ongoing tensions and armed conflicts, it is likely that FIFA and the three host countries will also face certain incidents during this year’s tournament. In principle, the international sports movement, including FIFA, aims to be ideologically, politically, and religiously neutral, which can provoke tensions with players’ and fans’ legitimate activism. Continue reading >>21 April 2026
Swastika in the Polish Parliament
In a recent incident in the Polish Parliament, an extreme right-wing MP, Konrad Berkowicz, displayed a modified Israeli flag bearing a swastika in place of the Star of David while accusing Israel of committing genocide. The ECHR protects severe criticism of governments, allegations of international crimes, and speech that “shocks, offends or disturbs”. Yet the question is whether the use of a Nazi symbol remains protected political expression in a constitutional order shaped by the legacy of Nazism and the Holocaust. In our view, it does not. Continue reading >>
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13 April 2026
Marketplace of Malpractice
Every day we depend upon the counsel of our doctors, lawyers, engineers, accountants, architects, and pharmacists. Yet, in a startling decision, the Supreme Court recently struck down Colorado’s ban on “conversion therapy” for minors in an opinion that threatens to undermine the professional advice on which we all constantly rely. The Court's reasoning is simply nonsense in the context of the professional speech that all of us rely on all the time. Continue reading >>
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26 March 2026
Blocked Without Explanation
In recent weeks, several X (Twitter) and Meta users have reported that their posts and accounts were blocked in India following government orders issued under Section 69A of the Information Technology Act, 2000. According to reports, affected users received automated notifications from X stating that their posts had been blocked in response to a legal demand attributed to the Ministry of Electronics and Information Technology. These blocking orders highlight a broader problem with India’s internet blocking regime. Continue reading >>
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04 March 2026
Lost in Translation
In January 2026, president Karol Nawrocki vetoed the Polish draft law set to implement the Digital Services Act. The censorship concerns he invoked reveal a limited understanding of the realities of today’s online environment. Nearly a year after J.D. Vance’s infamous Munich Security Conference address, in which he accused EU Commissioners of suppressing free speech, the narrative still has an impact on Poland. The Polish President has embraced a free speech paradigm prevalent in the American political discourse – one that is ill-suited to the European legal and institutional framework. Continue reading >>
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03 March 2026
Free Speech, Protest and the High Court’s Ruling on the Proscription of Palestine Action
On 13 February, the High Court of England and Wales ruled that the UK government’s decision to proscribe Palestine Action did not follow the government’s own policy and was contrary to the rights to freedom of expression and assembly. The case highlights how proscription, a sweeping power “designed to ensure that an organisation ceases to exist”, significantly affects the rights of people outside the organisation. Given the breadth of the restriction, the court came to the right conclusion and provided an important safeguard for free speech and protest rights. Continue reading >>
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17 February 2026
Soft Law in Hard Times
Seasoned court watchers were no doubt surprised by the English High Court’s decision to overturn the British Home Secretary’s decision to proscribe Palestine Action. For anybody even casually familiar with British courts’ approach to national security-related matters, the odds of success were not good. The judgment is certainly not a slam-dunk victory for Palestine Action and it is replete with extensive discussion condemning the actions of the group. And yet despite these admonishments, the judgment intimates at wider concerns as to the role of counter-terrorism legislation in liberal democracies Continue reading >>
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21 August 2025
Palestine Action, Proscription and Proportionality
In July, the UK government has decided to proscribe the organisation Palestine Action. The order means that people are criminalised not just for expressing support for terrorist acts, but for the proscribed organisation. As a result, over 500 people were reportedly arrested at a protest in London on 9 August. Whether the decision pushes anti-terrorism law too far and violates freedom of expression will be assessed by the courts at a later date. If the decision survives a legal challenge, it could pave the way for proscription to be used in relation to a broader range of groups in future. Continue reading >>
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