The Sunday Times Case
European Court of Human Rights
Judgment of 26 April 1979, Series A, Vol. 30
After hundreds of British families sued Distillers Company over birth defects caused by its thalidomide drug, and a large settlement was pending, The Sunday Times (plaintiff) drafted an article criticizing Distillers' inadequate testing and arguing the proposed settlement was disproportionately low. English courts, up through the House of Lords, ultimately enjoined publication on the basis that it would amount to contempt of court given the pending litigation, and The Sunday Times applied to the European Court of Human Rights, arguing the injunction violated its Article 10 right to freedom of expression.
Whether the European Convention on Human Rights' guarantee of freedom of expression permits a prior restraint on publication about a matter of significant public concern that is also the subject of pending litigation.