Taking liberties?

The applicants in Palomo Sanchez v Spain (App Nos 28955/06, 28957/06, 28959/06 and 28964/06) were sacked for publishing a trade union newsletter which contained offensive words and lewd cartoons featuring two employees who had testified against them in an employment tribunal. The newsletter was distributed to employees and displayed on a notice board. Relying on Art 10 (freedom of expression) and Art 11 (freedom of assembly and association), the applicants complained that the real reason for their dismissal had been their trade union activities. Noting that the offending material had been published in a trade union newsletter and distributed at the applicants’ workplace, the European Court of Human Rights (ECtHR) considered whether this sanction was proportionate. The ECtHR observed that the extent of acceptable criticism was narrower in regard to private individuals than for politicians or civil servants acting in their public duty. Furthermore, the offending material was aimed, not directly at the company, but against the company’s employees. However, the ECtHR did not share the Spanish