UN Mandate
In June 2014, Clinic Director David Kaye was named United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. In this role, Professor Kaye monitored and addressed challenges to freedom of opinion and expression across the globe. Students in the Clinic supported this UN mandate by investigating problems in such areas as the protection of journalists, artists, academics and various “new media” practitioners (like bloggers), the impact of surveillance on free expression, the right to access government information, the regulation of hate speech and other subjects implicating freedom of opinion and expression. Clinic students also explored specific country situations and helped develop regional networks of defenders committed to free expression. Professor Kaye’s mandate ended in July 2020.
Please visit https://freedex.org/ for a comprehensive collection of the mandate’s work in collaboration with the Clinic. For information on the mandate of the UN Special Rapporteur for Freedom of Opinion and Expression, please visit the website of the UN Office of the High Commissioner for Human Rights.
Amicus Briefs and Expert Testimony
The Clinic provided support to the UN Special Rapporteur on Freedom of Opinion and Expression by preparing amicus briefs and expert testimony for the following matters:
- Case: Alessandro Biancardi v. Italy, Application No. 77419/16
Date: July 30, 2020
Court: European Court of Human Rights
Amicus Brief
Motion for leave to file brief amicus curiae
- Case: People of the Philippines v. Reynaldo Santo Jr., Maria Angelita Ressa, and Rappler, Inc., Criminal Case No. R-MNL-19-01141-C
Date: June 09, 2020
Court: Philippines, Regional Trial Court, Manila Branch 46
Amicus Brief
Motion for leave to file brief amicus curiae
- Case: Amnesty International Togo et al. v. Togo, ECW/CCJ/APP/61/18
Date: January 27, 2020
Court: Community Court of Justice of the Economic Community of West African States (ECOWAS)
Amicus Brief as filed
Motion for leave to file Amicus Brief
Court Judgment
- Case: Wikimedia Foundation, Inc. v. Turkey, Application No. 25479/19
Date: November 27, 2019
Court: European Court of Human Rights
Amicus Brief as filed
Application for leave to file brief amicus curiae
- Case: Review process of judgment No. 327 of October 5, 2017, issued by the Second Municipal Court of Apartadó
Date: November 14, 2019
Court: Colombian Constitutional Court
Amicus Brief as filed
- Case: Privacy International and Others v. United Kingdom, Application No. 46259/16
Date: September 16, 2019
Court: European Court of Human Rights
Intervention as filed
Court Judgment
- Case: Big Brother Watch and Others v. United Kingdom, Application Nos. 58170/13, 62322/14 and 24960/15
Date: June 3, 2019
Court: European Court of Human Rights
Intervention as filed
Court Judgement
- Case: Emin Huseynov v. Azerbaijan, Application No. 1/16
Date: 21 September 2018
Court: European Court of Human Rights
Intervention as filed
Court Judgment
- Case(s): OOO Flavus v. Russia, Application No. 12468/15 and four related Applications (Nos. 20159/15, 23489/15, 19074/16 and 61919/16)
Date: Jan 11, 2018
Court: European Court of Human Rights
Intervention as filed
Court Judgment
- Case(s): Atilla Taş v. Turkey (Application No. 72/17); Ahmet Hüsrev Altan v. Turkey (Application No. 13252/17) Mehmet Hasan Altan v. Turkey (Application No. 13237/17) Ahmet Şık v. Turkey (Application No. 36493/17); Şahin Alpay v. Turkey (Application No. 16538/17); Mehmet Murat Sabuncu and others v. Turkey (Application No. 23199/17) Murat Aksoy v. Turkey (Application No. 80/17); Ayşe Nazli Ilicak v. Turkey (Application No. 1210/17); Ali Bulaç v. Turkey (Application No. 25939/17); Ilker Deniz Yucel v. Turkey (Application No. 27684/17)
Date: Oct 20, 2017
Court: European Court of Human Rights
Intervention as filed
- Case: Case of Nelson Carvajal Carvajal vs. Colombia
Date: Aug 9, 2017
Court: Inter-American Court of Human Rights
Declaration as filed
Court Judgment (Spanish)
- Case: Application No. 2016Heonma388
Date: May 9, 2017
Court: Constitutional Court of the Republic of Korea
Third party intervention submission as filed (English)
Third party intervention submission as filed (Korean)
- Case: Kidane v. Ethiopia, Case No. 16-7081
Date: Oct 31, 2016
Court: United States Court of Appeals for the District of Columbia Circuit
Brief of UN Special Rapporteurs on freedom of expression, freedom of assembly and association, and the situation of human rights defenders as filed
Motion for leave to file brief amici curiae as filed
- Case: Federation of African Journalists et al. v. Gambia, ECW/CCJ/APP/36/15
Date: May 18, 2016
Court: Community Court of Justice of the Economic Community of West African States (ECOWAS)
Affidavit as filed
Court Judgment
- Case: Azerbaijan v. Khadija Rovshan Gizi Ismayilova, Application No. 30778/15
Date: Jan 13, 2016
Court: European Court of Human Right
Intervention as filed
Court Judgment
Thematic Reports
The Clinic provided support to the UN Special Rapporteur on Freedom of Opinion and Expression by conducting research and drafting for the following thematic reports:
2020
- Disease pandemics and the freedom of opinion and expression
A/HRC/44/49
View report page
- Artistic Freedom of Expression
A/HRC/44/49/Add.2
- Freedom of Expression and Oversight in Online Content Moderation
View Research report
2019
- Online hate speech
A/74/486
View report page
- Surveillance and human rights
A/HRC/41/35
View report page
Overview of submissions received: A/HRC/41/35/Add.3
Summary of an expert’s consultation : A/HRC/41/35/Add.4
2018
- Artificial Intelligence technologies and implications for the information environment
A/73/348
View report page
- Online content regulation
A/HRC/38/35
View report page
Supplementary annex accompanying the thematic report: A/HRC/38/35/Add.1
2017
- Access to information in international organizations
A/72/350
View report page
Statement delivered to the General Assembly
- The role of digital access providers
A/HRC/35/22
View report page
Supplementary material accompanying the thematic report: A/HRC/35/22/Add.4
2016
- Contemporary challenges to freedom of expression
A/71/373
View report page
- Freedom of expression, states and the private sector in the digital age
A/HRC/32/38
View report page
States and civil society submissions
2015
- The protection of sources and whistleblowers
A/70/361
View report page
States and civil society submissions
- The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age
A/HRC/29/32
View report page
States and civil society submissions