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Dear Mr Trump: Europe's Article 10 and Freedom of Expression

Sorry fellahs, but the precedent has been already set

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In its statement on Wednesday, the Trump Organisation said the UK would “create a dangerous precedent and send a terrible message to the world that the United Kingdom opposes free speech and has no interest in attracting inward investment” if Mr Trump was barred from the country.

Article 10 of the European Convention on Human Rights:

Article 10 gives everyone the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas without State interference.

However unlike the US there are some provisos

Article 10 provides that the exercise of this freedom “since it carries with it duties and responsibilities” may be limited as long as the limitation:

  • is prescribed by law;
  • is necessary and proportionate; and
  • pursues a legitimate aim, namely:
    • the interests of national security, territorial integrity or public safety;
    • the prevention of disorder or crime;
    • the protection of health or morals;
    • the protection of the reputation or rights of others;
    • preventing the disclosure of information received in confidence; or
    • maintaining the authority and impartiality of the judiciary.

Once you start impinging upon the rights of others you run foul of the provisos.

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When you want to ban some from entering your own country based on their faith why should you have special status in another? It works both ways dontcha know?

The petitions in the UK

For banning Trump 560,000

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For letting him in 40,000

14:1 against, aint democracy fun?

Europe has a different interpretation of “Freedom of Expression” whether you like it or not and it definitely puts responsibility on both sides of any argument, we are not as yet a US subsidiary.

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Personally, we get enough of the hate coming out of the US primaries without having its spokespersons giving it to us live and direct over here, we have enough hatemongers of our own thank you very much.

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