From Freedom of Expression to Molotov Cocktails: The Tragic History of ‘Clear and Present Danger’ and the Right to Self-Determination

Abstract

The study examines the constitutional limits of freedom of expression in the Hungarian legal system, with particular focus on the interpretation of the Constitutional Court’s Decision No. 30/1992. It highlights how the misinterpretation of the “clear and present danger” principle has significantly influenced the domestic practice regarding the criminalization of hate speech. The author critically analyzes the legal development that, by absolutizing freedom of expression, has weakened the protection of society and the enforcement of human dignity.