Cour de cassation - 16.11.1988
Case- Case number
- n° 87-14.855
- Country
- France
- Case Description
Defamation, calling somebody out for making antisemitic remarks (Diffamation, interpeller quelqu'un pour des propos antisémites) – During a television broadcast, a Member of Parliament addressed the claimant as follows: "I don't want to talk to the gentleman sitting to my right, he made racist and antisemitic remarks at a famous meeting at the Mutualité", that the MP was referring to the applicant's remarks reported in the newspaper "Le Monde" in 1983 and calling into question "the Jews and Judaism" – the lower court rightly considered that the MP was entitled to express his opinions on the thoughts and concerns thus made public – The Cour de cassation adds that to rule otherwise would be to seek to subject to judicial censorship the freedom of expression that must be enjoyed by any representative of national sovereignty in democratic debate.
Art. 29, 35 Loi du 29 juillet 1881 sur la liberté de la presse; Art. 1382 Code civil.
- Name of Court
- Cour de cassation - Deuxième chambre civile
- Date of decision
- Nov 16, 1988
- Subjects
- Freedom of Speech
- Type of Court
- Supreme Court
- Area of Law
- Civil Law
- Year
- 1988
- Generated ID
- ULN3504-7835
- Geolocation
Latitude: 48.855133056640625
Longitude: 2.345714807510376
- Geolocation
- Existing
- Link
- legifrance