Supreme court: wearer of Russian symbol Z will face punishment, freedom of expression is not absolute
The Brno appellate court upheld a suspended sentence for a former politician who publicly wore a jumper with a war motif in Pardubice last year. According to the ruling, endorsement of crimes against peace is not subject to complete protection of expression.
Supreme court: wearer of Russian symbol Z will face punishment, freedom of expression is not absolute
The Brno supreme judicial body rejected an appeal by former public figure Pavel Křivka. Last April, he wore clothing with a motif associated with the Russian invasion of Ukraine in the streets of Pardubice. The man will serve a six-month suspended sentence with a two-year deferral.
The accused argued that the given symbol is not listed in any official register of banned symbols. However, the court rejected this view. According to judicial spokesperson Gabriela Tomíčková for Novinky.cz, it was not an isolated symbol but a set of motifs from which support for military aggression emerged.
Justice pointed out that the meaning of speech can derive from visual elements, gestures or other forms of presentation. Key is their understanding in the given social environment and the way they are perceived by those around.
According to the appellate court's interpretation, public presentation of symbols with unambiguous meaning is sufficient, without the perpetrator having to speak verbally or persuade others. The court also took into account Křivka's education and experience in the political sphere. Under these circumstances, it did not accept his claim of ignorance of the meaning of the symbols used.
The spokesperson emphasised that freedom of expression is a fundamental right, but it is not unlimited. Public support for the most serious international crimes exceeds the boundaries of what deserves full constitutional protection. The full reasoning of the decision has not yet been made public.
Source: Novinky.cz