Analysis
Rule of Law
Think Tank
New Tribunal Announced to Prosecute Russian Crime of Aggression in Ukraine
8 March 2023
11 March 2021
Hungary continues to play hide-and-seek with an entire political bloc by exploiting legal loopholes even though its system falls short of the acceptable standard on democratic values. Political judgement is needed in response to this rogue regime.
In 1964, former Chief Justice of the United States Supreme Court Potter Stewart uttered the celebrated phrase „I know it when I see it” when the court was asked to rule on what constitutes obscene or pornographic (Jacobellini versus Ohio).
The case, involving a rather revealing motion picture, laid bare (pun intended) the ambiguity about the threshold of free speech.
Justice Stewart’s bon mot, as part of a much longer and elaborate argument, captures the dichotomy of the matter: it is at once impossible to objectively legislate it, but, in most cases, also plain to see for any reasonable person.