Banning the Distribution of Leaflets to North Korea and Freedom of Expression : A Review of the 2023 Constitutional Court Decision

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Review examines Constitutional Court's decision on leaflet distribution to North Korea, indicating implications for freedom of expression.

The Constitutional Court ruled that the leaflet ban infringes on freedom of expression, signaling a need for careful scrutiny.
Through strict scrutiny, the court found the ban on North Korean leaflets overbroad, limiting necessary expression without just cause.
Content-based regulations, like the leaflet ban, must consider risks and legislative purpose, pointing to potential dangers of restrictive measures.
Future regulations should balance national security needs with upholding freedom of expression, suggesting notification requirements for leaflet distribution.

Jaewan Moon (2024) studied this question.

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Review examines Constitutional Court's decision on leaflet distribution to North Korea, indicating implications for freedom of expression.