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Abstract: On March 7, 2001, the Raël Movement (the Movement), a Geneva-based non-profit organization that aims to establish contact and good relations with extraterrestrials, sought permission from Swiss authorities in the city of Neuchâtel to put up posters for its April campaign. The Swiss authorities' denial of the request was upheld in all four levels of Swiss appellate courts. The Movement appealed the case to the European Court of Human Rights (ECtHR) under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. On July 13, 2012, The Grand Chamber of the ECtHR found that the Swiss authorities' ban of the Movement's poster campaign was justified. This Comment examines the Grand Chamber's reasoning and argues that the court's decision has dangerous implications for freedom of expression and Internet content jurisprudence.
INTRODUCTION
The Raëlien Movement (the Movement) is a Geneva-based non-profit organization that aims to establish first contact and good relations with extraterrestrial beings.1 Founded in 1976 by Claude Vorilhon, also known as "Raël," the Movement's ideology emphasizes scientific and technological progress and eschews many of the contemporary ideals of society, including a democratic political system.2 The Movement is based on Raël's alleged contact with an extraterrestrial race known as the "Elohim," who are credited with the creation of life on Earth and various world religions.3 The Movement's unconventional beliefs have resulted in a nearly decade-long legal battle in both Swiss and European courts, which concluded on July 13, 2012, when the Grand Chamber of the European Court of Human Rights (ECtHR) upheld the Swiss government's ban of the Movement's 2001 poster campaign.4
Among the numerous beliefs of the Movement, there are three views in particular that have attracted controversy in Switzerland.5 First, the Raëlien Movement advocates for a political system referred to as a "geniocracy," or the belief that only the most intelligent should be given the power to govern society.6 Second, the Movement has demonstrated support for human cloning and has advocated for the cloning-related services company Clonaid.7 Members of the Movement believe that cloning will allow the "transfer of conscience" from one body to another, thus allowing human beings to achieve immortality.8 Under Swiss law, human cloning is illegal pursuant to Article 119 of the Swiss Constitution.9...