Abstract EN:

The issue of limiting freedom of expression presents, in fact, the issue of accomodating this right and determining appropriate limits. To that effect, common practice generally admits to opposing the "European" concept of freedom of expression - authorizing a more balanced approach to the rights or stakes in question - to the more absolute concept proper to the U. S. This postulate deserves to be demonstrated. Constitutional texts have been found to be diverse in their declarations of the right to freedom of expression. But freedom of expression can never be exercised in absolute terms, nor prevail upon other rights or interests. All interference with the exercise of this right must nevertheless respect a certain number of conditions in order to be judged as valid. Most certainly, these conditions are subject to be implemented on differential basis. . .