The Place and Importance of Freedom of Expression in International Law and Turkish Legal Legislation

This article comprehensively examines the place of freedom of expression within national and international legal frameworks. The study defines freedom of expression as a cornerstone of democratic society and analyzes its multifaceted justifications, ranging from individual self-development to the maintenance of a sphere of political debate. The article addresses different forms of expression, such as speech, writing, art, and the press, as well as the philosophical foundations underlying its protection as a right. The legal framework for freedom of expression is examined primarily through the European Convention on Human Rights (ECHR). Article 10 of the ECHR and the case law developed by the European Court of Human Rights (ECHR) demonstrate that restrictions are permissible only when they are “prescribed by law,” pursue a “legitimate aim,” and are “necessary in a democratic society.” The article explains how these conditions serve as safeguards against arbitrary state interference. The Constitution of the Republic of Turkey and the decisions of its higher courts constitute another significant dimension of the study. The efforts of the Constitutional Court and the Court of Cassation to protect freedom of expression, in parallel with ECHR jurisprudence, are analyzed, along with interpretative divergences and the problems these create. Decisions of the Court of Cassation and the Council of State are also discussed, illustrating how different forms of expression (political, artistic, commercial) are evaluated in legal processes. In conclusion, the article argues that safeguarding freedom of expression requires not only legal regulation but also adherence to universal principles in judicial practice and the strengthening of societal consensus.