Legislator Case Law & Legislation
SS-1478/2013-VLR ECLI:DK:VLR:2022:SS0000001275 AI generated

Court dismisses name ban appeal, ruling it violates freedom of expression and lacks sufficient public interest justification.

Case Number SS-1478/2013-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Vestre Landsret dismissed the applicant's appeal against a name ban imposed by the first instance court. The applicant argued that the ban violated their freedom of expression and was disproportionate given the passage of time since the original offense. The court held that the ban remained necessary to protect the integrity of the judicial system and public trust, finding the public interest outweighed the individual's rights.

Legislator headnote

AI generated

Straffeloven § 104; Lov om navneforbud § 1: A name ban imposed to protect the integrity of the judicial system is lawful if the public interest in maintaining judicial credibility outweighs the individual's freedom of expression, even years after the underlying offense.

Keywords

AI generated
name ban freedom of expression judicial integrity proportionality test public interest appeal dismissal Straffeloven 104

Cited Legislation

AI generated
Straffeloven § 104
Lov om navneforbud § 1
Lov om navneforbud § 2

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Full text

Kendelse om navneforbud