“Are lies protected?” – In the current situation regarding the meaning and scope of freedom of expression and media freedom, as well as the question of a potential threat from disinformation, this is one of the much-discussed questions. Because the constitutional approach in the USA and in the member states of the European Union is already so different, more dialogue is needed to better understand the differences.
Therefore, in light of the recent dissonance in the transatlantic relationship, the Department of Law of the University of Luxembourg and the Institute of European Media Law (EMR) hosted an event with two prominent speakers on the topic: the European and German perspectives were presented by Dr. h.c. Peter Müller, former judge at the Federal Constitutional Court, former Prime Minister of Saarland, the American perspective was presented by Professor Russell L. Weaver, Professor of Law and Distinguished University Scholar, Louis D. Brandeis School of Law, University of Louisville, Kentucky (USA).
In the bilingual discussion there were also numerous contributions from the audience and the intensive debate showed that the risks of online disinformation and the handling of “lies” are actually assessed considerably differently. While the broad protection of freedom of speech in the US Constitution in the First Amendment makes any restriction of speech difficult regardless of its truthfulness, the protection of freedom of speech in Europe does not extend to the assertion of “false facts” and requires regulatory framing, as the speakers made clear.
Despite these differences, the dialogue was, as the accompanying media coverage of the event put it, a “prime example of a culture of discussion as it should be in a democracy”.
You will find links to the media coverage below as well as a link to the event, which you can use to listen to/watch it again.
RTL LËTZEBUERG
Si Lige geschützt? Wéi wäit geet d’Meenungsfräiheet?
(television – 4 March 2025)
Sinn Ligen geschützt? Wei weit geet d’Meenungsfräiheet?
(radio – 3 March 2025)
Frankfurter Allgemeine Zeitung (paywall)
Hier spricht der „Opa gegen links“ (28 February 2025)
The conference speakers from left to right: Prof. Mark D. Cole, Dr. Peter Müller, Professor Russell L. Weaver, Prof. Stephan Ory.
Please note: The quality of the video recording is not ideal. Nonetheless, we would like to give interested persons that could not attend the event live, the possibility to still follow the interesting discussion.