The summary judge of the Administrative Court of Paris, seized of an interim relief provided for in article L. 521-2 of the code of administrative justice, considered by order no. 2500039/9 of January 3, 2025 that the ban by the Paris police prefect of the show entitled “Friday the 13th” that Dieudonné is to perform from January 3 to 15, 2025 constitutes a serious and manifestly illegal attack on freedom of expression.
By a “Benjamin” ruling of May 19, 1933, the Council of State established rigorous control of attacks on freedoms (of assembly, expression, coming and going, etc.), based on the proportionality of restrictive measures. with regard to the risks of disturbances to public order. The nature of this control was clarified in 2011 when the Council of State, in its decision “Association for the promotion of image and others”, subjected police measures to the “triple test of proportionality”. Thus, attacks on freedoms must be adapted, necessary and proportionate to the defense of public order.
In this case, the summary judge considers that neither the title of the show in question, nor its theme – the 2015 attacks –, nor the contacts maintained by Dieudonné with Salah Abdeslam’s brother, which gave rise to a book , nor the person concerned’s project to produce a docu-fiction based on his show make it possible to detect in advance the commission of criminal offenses.
Also, the judge specifies that the reality and seriousness of the risks of material disturbance to public order have not been established. Indeed, the show takes place inside a bus with a capacity of 73 people, with no proven risk of clashes following the show. The presence of a synagogue and the mobilization of the police as part of a strengthening of the Vigipirate plan also do not constitute elements justifying a ban on the show by the police prefect.
In conclusion, the judge suspends the execution of the police measure which, according to the circumstances of the case, poses a serious and manifestly illegal attack on freedom of expression, in particular enshrined in Article 11 of the Declaration. of human and citizen rights.
Find the decision here.
