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Freedom of expression: what’s acceptable?

04 August 2023 / Nicholas Dobson
Issue: 8036 / Categories: Features , Discrimination , Human rights , Employment
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Where is the line between the right to freedom of religion & the lawful expression of that right? Nicholas Dobson examines a complex question for the Employment Appeal Tribunal
  • When considering the lawfulness of the expression of the right to freedom of thought, conscience and religion, it is necessary to determine whether any interference with those rights was in respect of the manifestation of the claimant’s protected belief, or rather was due to a justified objection to the manner of that manifestation.

Those having higher mileage on their personal odometers will have lived through profound social changes. For example, people in same-sex relationships (or suspected of having same-sex orientation) were, until relatively recently, subject to considerable social stigma—and sometimes violent abuse. For same-sex relationships were legalised only with the passing of the Sexual Offences Act on 26 July 1967, and then only between two consenting adults over the age of 21 and in private. Wide social acceptance of such stigmas was supported, particularly among practising Christians, by Bible teaching

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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