Which case introduced the modern balancing test regarding freedom of expression?

The case that introduced the modern balancing test regarding freedom of expression is Handyside v. United Kingdom. This landmark ruling by the European Court of Human Rights emphasized the importance of balancing the right to freedom of expression with other rights and interests, such as the protection of public morals and the rights of others.

In this case, the court underscored that freedom of expression is a fundamental right, but it is not absolute. The decision illustrated that states have the authority to impose restrictions on certain forms of speech, especially when they believe such restrictions serve a legitimate aim, such as protecting social morals or values. The balancing test established in this case means that courts must weigh the importance of the freedom of expression against the necessity of the restriction, considering the specifics of each case. This approach has had a profound influence on how freedom of expression is interpreted and applied in subsequent cases, promoting a nuanced understanding of the right within the context of various societal interests.

The other cases listed do not have the same foundational impact on the balancing test. Goodwin v. United Kingdom deals with the right to a fair hearing, Kokkinakis v. Greece addresses freedom of religion and its limitations, and Hämäläinen v. Finland pertains to personal rights within family law,