Granice wolności wypowiedzi czy wolność wypowiedzi poza granicami? : kilka uwag na temat zakresu wolności wypowiedzi w Rzeczypospolitej Polskiej

Abstract

From methodological perspective, only the boundaries of a phenomenon actually coming into existence enable the act of demarcation. Defining a boundary means determining the range of influence of a particular phenomenon. In consequence, definition of threshold conditions under which the freedom of speech is realized reveals the essence of this liberty and, by building the image of where the examined freedom reaches its limit, explains at the same time its substance. Therefore, only outlining the boundaries enables determining the actual scope of freedom of speech that an individual is entitled to. Thus, establishing the boundaries of freedom of expression by the positive legislator not only does not contradict its implementation (of course under several conditions guaranteeing the rights of individuals), but on the contrary enables the existence of freedom of speech as such. Furthermore, it exhibits the substance of freedom of speech in the sense that it makes theoretically possible to imagine a catalogue of behaviours (actions and omissions) by which individuals exercise their right to the liberty in question.