La pénalisation de l'expression publique

Abstract : While the contours of freedom of expression have been regularly discussed in recent years, it is most frequently in the case of the regulation of public expression by criminal law that polemics are most heated. Indeed, it is certainly under this dimension, that is, when it consists in the direct exteriorization of thought directed towards an indeterminate public, that the expression has its most spectacular repercussions within a society. A source of citizen mobilization and collective thinking for the purpose of raising mentalities towards the common good, public expression can also constitute the ferment of antisocial behaviour by feeding enmities, intolerance and a criminal state of mind.Consequently, penalization, which refers to all the processes of criminal law intervention in a given field, is fully legitimate in the face of the dangers of immoderate public expression. However, penalization is struggling to find its bearings in establishing the criteria of its necessity and timeliness, at a time when the place taken by public expression within our society appears, more than ever, predominant. Penalization of public expression is first put to the test of its instrumentalization. The penal norm seems to suffer, nowadays, from an overestimation of its regulatory virtues in its creation and in its implementation in the area of public expression. Penalization of public expression is then put to the test of modernity. The evolution of technology places public expression at the heart of a profound change in its uses in our society, modifying the classic paradigms of the interplay between public expression and criminal law.
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Thomas Besse. La pénalisation de l'expression publique. Droit. Université de Limoges, 2018. Français. ⟨NNT : 2018LIMO0013⟩. ⟨tel-01863583⟩

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