CASE OF MOUVEMENT RAËLIEN SUISSE V. SWITZERLAND: A BLOW TO FREEDOM OF EXPRESSION IN THE INTERNET AGE

INTRODUCTIONThe Raelien 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 "Rael," 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 Rael'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.4Among the numerous beliefs of the Movement, there are three views in particular that have attracted controversy in Switzerland.5 First, the Raelien 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 Lastly, and perhaps most importantly, the Movement has endorsed the doctrine of "sensual meditation," a term coined by Rael in his book Sensual Meditation, in which people are urged to "discover his/her body and especially to learn how to use it to enjoy sounds, colors, smells, tastes, caresses, and particularly a sexuality felt with all one's senses . . . ."10On March 7, 2001, the Movement sought permission from the police administration of the city of Neuchâtel, Switzerland to put up posters for a campaign from April 2 to April 13, 2001.11 On March 29, 2001, the Neuchâtel police denied the Movement's request and referred to the two previous denials the police had issued the Movement, a 1995 French parliamentary report on sects, and a judgment of the Civil Court for the La Sarine district (Canton of Fribourg) that stated the Movement engaged in activities contrary to public order and morality as justification for the denial.12 After a lengthy appeal process in Switzerland, in which each of the four national authorities above the police administration found that the denial of the freedom of expression was justified based on Neuchâtel regulations and the concern for public safety, the Movement appealed the case to the ECtHR under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention).13 On January 13, 2011, the Chamber ruled that there was no violation of Article 10 of the Convention.14 On July 13, 2012, the Grand Chamber of the ECtHR agreed with the Chamber and found that the national authorities "were reasonably entitled to consider, having regard to all the cir5 cumstances of the case, that it was indispensible to ban the campaign in question in order to protect health and morals, protect the rights of others[,] and to prevent crime."15Part I of this Comment provides background facts of Mouvement Raelien Suisse v. Switzerland as well as the applicable Swiss and international laws. This part also delves into the intricate five-stage procedural history of the case in Switzerland as well as the two-stage process at the ECtHR. Part II explains the parties' arguments and the Grand Chamber's reasoning in the 9-8 judgment. Part III engages in a discussion on the dangerous precedent set by the Grand Chamber of the ECtHR's decision and examines the impact the ruling may have on future cases involving freedom of expression and Internet content. …