Miguel Angel Ekmekdjian v. Bernardo Neustadt, et. al. (Ekmekdjian I)
Argentina Supreme Court
311 F.C.S. 2497 (1988)
- Written by Whitney Waldenberg, JD
Facts
Miguel Angel Ekmekdjian (plaintiff) sued Bernardo Neustadt (defendant) and other members of the media (the media) (defendants), alleging that Ekmekdjian had a right to reply to the opinions expressed by former Argentine president Dr. Arturo Frondizi on a television program broadcast by the media. Ekmekdjian argued that the right to express ideas without prior restraint should not be reserved just for the media, but that it should apply with equal force to individual citizens needing a platform to express their opinions. The lower courts found that no such right existed, and Ekmekdjian appealed all the way to the Argentina Supreme Court. In support of his argument, Ekmekdjian pointed to the American Convention on Human Rights, to which Argentina was a signatory, which required states to pass legislation to protect certain enumerated rights, including a right to reply. Ekmekdjian also pointed to the Argentine constitution as providing a right to reply.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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