Republic of Ireland
Freedom of speech is protected by Article 40.6.1 of the
Irish constitution. However the article qualifies this right, providing that it may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "blasphemous,
seditious, or indecent matter" be a criminal offence.
The scope of the protection afforded by this Article has, to a large degree as a result of the wording of the Article, which qualifies the right before articulating it, been interpreted restrictively by the judiciary. Indeed, until an authoritative pronouncement on the issue by the Supreme Court, many believed that the protection was restricted to "convictions and opinions" and, as a result, a separate right to communicate was, by necessity, implied into Article 40.3.2. This judicial conservatism is at variance with the concept of speech as a democratic imperative. This, albeit trite, justification for free speech has underpinned the liberal, progressive interpretation of the First Amendment by the United States Supreme Court.
Under the European Convention On Human Rights Act, 2003, all of the rights afforded by the European Convention form an integral part of the
Republic of Ireland's laws. The act is, however, subordinate to the constitution.
