The State’s Right to Err: Why David Kenny Now Supports Murphy v. Ireland

In Murphy v. Ireland (2003), the European Court of Human Rights decided in favor of the state’s power to prevent a radio station from broadcasting a religious advertisement, based on public order concerns. David Kenny of Trinity College Dublin was initially disappointed that the Strasbourg Court did not find against Ireland. But over time he came to see the decision differently. While he still does not approve of the Irish domestic court decisions that were challenged to the ECtHR, he has reconsidered his opinion on how the ECtHR, as an international court, should deal with cases when religious sensitivities are involved. Kenny explains why he is still skeptical about the “view from Dublin” on Murphy but appreciates “the view from Strasbourg.”

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