God, the Pencil, and the Judge: Exploring the Paradoxes Regarding Protection of Freedom of Religion and Expression in France

Abstract

The clash between religious freedom and freedom of expression has created social turbulence, political discord, and marginalisation of religious minorities, the latter of which is seen by many as having security implications. The author explores the possibility of a framework that reconciles freedom of religion and freedom of expression within a very unique French context. Recent events show that the issue continues to be unresolved; courts are frequently seized by those who argue that their beliefs were harmed and seek reparation, and proponents of free (and sometimes hostile) expression are fighting back. The author will discuss methods used by French judges to determine offense to religious sentiment—sometimes in very tricky and arbitrary ways—as broadly defined as violations of beliefs, symbols and religious rites, and will seek common ground with generally accepted norms of free expression that can exist within a framework of public order that respects all citizens.