Chapter 7 Self-test questions

. The rights to freedom of expression and freedom of religion are:

Absolute rights

Limited rights

Qualified rights

Social rights

. Which of the following statements is not accurate?:

J.S Mill argued that without freedom to express thoughts and beliefs then truth cannot be found or questioned

J.S Mill argued that freedom of expression can be limited where it can be shown that the expression is causing direct and immediate harm

J.S Mill argued that freedom of expression is essential to democracy but it can be limited in certain circumstances

J.S Mill argued that freedom of expression is so important that it can never be restricted by the State

. Which of the following statements is true?:

Article 9 encompasses all religions and all beliefs no matter what the content of that belief might be

Article 9 encompasses only religious beliefs

Article 9 encompasses many religious and non-religious beliefs but sets a threshold for considering if the belief is covered by article 9, examining cogency, seriousness, cohesion and the importance of the belief in question

Article 9 encompasses many religious and non-religious beliefs but sets a threshold for considering if the belief is covered by article 9, examining the acceptance of the belief by the State

. Which of the following statements is false?:

The right to hold a belief is absolute

A State should remain neutral in its dealings with a religious organisation

The right to manifest a belief can be limited if justified under article 9(2)

Any claimed manifestation of religion is acceptable to the European Court of Human Rights

. In which of the following cases did the European Court of Human Rights find that the ban on the wearing of face coverings in all public spaces was justified under article 9?:

SAS v France (2014)

Lautsi v Italy (2011)

Leyla Sahin v Turkey (2005)

Ahmet Arslan and others v Turkey (2010)

. The case of Guerra v Italy (1998) decided that freedom of expression under article 10(1)…

Does include a positive obligation on the State to prevent attacks on a newspaper office

Does not include a positive obligation on the State to prevent attacks on a newspaper office

Does not include a positive obligation on the State to provide information

Does include a positive obligation on the State to provide information

. Which of the factors below does not influence the European Court of Human Right's decision making when examining the proportionality of a measure and the margin of appreciation that should be given to a State?

Who/what is the expression about

Type of expression

Administrative need to limit expression

Who/what is the source of the expression

. In which case did the European Court of Human Rights find a violation of article 10, where the applicants in a libel case did not get legal aid?

Sunday Times v UK (1979)

Steel and Morris v UK (2005)

Alinak v Turkey (2005)

Handyside v UK (1976)

. In Garaudy v France (2003), the European Court of Human Rights decided that…

Denial of the Holocaust did not constitute hate speech, it may be shocking but was still within article 10(1)

Denial of the Holocaust did not constitute hate speech, but it offended the survivors so it should be excluded from article 10(1)

Denial of the Holocaust constituted hate speech and so was excluded by article 17 of the ECHR; did not fall under article 10(1)

Denial of the Holocaust constituted hate speech but was not excluded by article 17 of the ECHR; did fall under article 10(1)

. In balancing the right to expression against the right to a private life under article 8, which UK case found that the claimant's sexual proclivities held little public interest and so in weighing up the right to publish against the right to privacy, the Court of Appeal found there was a breach of the claimant's privacy?

Douglas v Hello! Ltd (1994)

R (Ghai) v Newcastle City Council (2010)

R (on the application of Pro Life Alliance) v BBC (2003)

Mosley v News Group Newspapers (2008)

Chapter 7 Self-test questions

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