Case of Mouvement Raëlien Suisse v. Switzerland: A Blow to Freedom of Expression in the Internet Age

Abstract

On March 7, 2001, the Raël Movement (the Movement), a Geneva-based non-profit organization that aims to establish contact and good relations with extraterrestrials, sought permission from Swiss authorities in the city of Neuchâtel to put up posters for its April campaign. The Swiss authorities’ denial of the request was upheld in all four levels of Swiss appellate courts. The Movement appealed the case to the European Court of Human Rights (ECtHR) under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. On July 13, 2012, The Grand Chamber of the ECtHR found that the Swiss authorities’ ban of the Movement’s poster campaign was justified. This Comment examines the Grand Chamber’s reasoning and argues that the court’s decision has dangerous implications for freedom of expression and Internet content jurisprudence.