Trial lecture - time and place
Adjudication committee
- Professor emerita Kirsti Strøm Bull, University of Oslo (leader)
- Professor Mats Kumlien, Uppsala University(1 opponent)
- Profssor Heikki Pihlajamäki, Helsinki University (2 opponent)
Chair of defence
Dean Ragnhild Hennum
Supervisors
- Professor emeritus Lars Björne
- Professor Benedikte Moltumyr Høgberg
Summary
Freedom of the press and free speech in Norway in the 1800s
The thesis deals with the legal limits of public speech form the enactment of the Eidsvoll Constitution in 1814 until the passing of the criminal code of 1902. It shows that the freedom of public expression was not won with the enactment of the freedom the press provision in the Eidsvoll Constitution (Article 100).
Writers and other liberal voices expected the constitutional convention at Eidsvoll to produce a freedom of the press provision that signalled a regime for public expression. Article 100 of the Constitution became a compromise with exceptions from freedom of the press. In addition the Constitution offered no protection for the right to organize demonstrations, or the right to hold meetings or other gatherings where people could freely exchange ideas.
Even though the enlightenment ideals that formed the basis of the Eidsvoll Constitution necessitated a wide reaching freedom of the press and freedom of expression, these ideals were not realized in the newly established Norwegian state. It was considered controversial to question the legitimacy or capabilities of the authorities. Parliament did not prioritize legislation in the area, and did not pass any freedom the press legislation that fulfilled the requirements in the Constitution. Legislation limiting freedom of the press from the Danish-Norwegian absolutist monarch therefore largely continued to be in force in Norway even after 1814, and this meant that even minor offences or justifiable criticism could lead to criminal proceedings.