Does one swallow make a spring? Artistic and literary freedom at the European Court of Human Rights

In a series of cases decided over the last few years, the European Court of Human Rights has been increasingly vindicating artistic freedom. It has been expanding the meaning of 'satire' as a form of art; excluding the protection of religious sensibilities from the scope of Article 9; and gradually referring to the defence of 'fiction' in literary cases. Yet a more careful analysis of the Court's case law does not suggest that art holds a privileged status among other forms of expression. It rather suggests that the Court, albeit tacitly, operates a certain hierarchy of values: on the one hand, by privileging liberal-and secular-values and, on the other, by being mindful to preserve the States' margin of appreciation in issues touching upon public morality and public order. In this article I submit that the Court could substantially benefit from an explicit consideration of defences for artists and writers.