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Published online by Cambridge University Press: 26 October 2020
This chapter discusses the Court's free expression jurisprudence. This supports a liberal democratic conception of democracy but there are other concepts discussed also. A substantive conception comes across in some of the earlier case law on obscenity and blasphemy and more recently a substantive commitment to pluralism, tolerance and broad-mindedness is emphasised. The case law on free expression during elections and political advertising suggests a more deliberative conception of democracy, while recently there is a stronger commitment to freedom of information, essential for a participatory democracy.
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