DIFFERENCES BETWEEN THE AMERICAN AND THE EUROPEAN VISION ON THE FREEDOM OF EXPRESSION

The aim of this paper is to highlight the major differences in the approach of the freedom of expression on the two continents with old tradition in protecting fundamental rights. Freedom of expression enjoys a special position in the hierarchy of rights in the doctrine and jurisprudence of the United States provided by the First Amendment. Its unequivocal wording sets the elements of an unprecedented protection known under the name of American Exceptionalism and apparently no interferences of the State are allowed. In Europe, freedom of expression is considered an essential value for the democratic society but at the same time as a non-absolute right. The requirements for the legitimacy of the State interferences are provided by Article 10 of the European Convention on Human Rights which apply as ius communis for the State Parties and are under the strict control of the Strasbourg Court.