Certain social factors, including the media and other persons reporting in the public interest, enjoy the legal protection of Article 10 due to the importance of protecting democracy. In some cases, the Court had to deal with the limitation of the rights from Article 10 due to the specific position of some persons. In one case in the Netherlands, the Court had to assess the legality of banning the publication and discrimination of newspapers prepared by soldiers, in which they criticized senior officers. The imposition of a penalty, i.e., a ban on the publication of newspapers, was necessary to prevent disorder.
Special obligations have come up before the Court in many cases. In Germany, the question arose whether it is legitimate to deny employment as a civil servant to a person who is a prominent member of a left-wing party. In that case, the Court concluded that there was no violation of the right to freedom of expression, and it does not represent an obstacle to the employment of that person as a civil servant if he meets the other conditions. In the second case, the subject of the law is a teacher who was dismissed from the school due to suspicion that she did not respect the obligation of political loyalty. She was an activist of the German Communist Party, from which she refused to distance herself. The Court found that every civil servant, regardless of personal opinion, must renounce all groups and movements that the competent authorities consider harmful to the Constitution.
Special duties may also be legitimate for certain professions. An example is the case of discrimination against several doctors who treated the same patient. According to current regulations, doctors are forbidden to criticize other doctors. The same applies to lawyers who are chamber members when the special nature of the work they are engaged in should be considered.
B.P.