By Ivan Hare, James Weinstein
Dedication to loose speech is a primary principle of all liberal democracies. despite the fact that, democracies can range considerably whilst addressing the constitutionality of legislation regulating yes types of speech. within the usa, for example, the dedication to loose speech less than the 1st modification has been held by way of the very best courtroom to guard the general public expression of the main noxious racist ideology and for this reason to render unconstitutional even slim regulations on hate speech. by contrast, governments were accorded substantial leeway to limit racist and different severe expression in nearly some other democracy, together with Canada, the uk, and different eu nations. This ebook considers the felony responses of varied liberal democracies in the direction of hate speech and different kinds of utmost expression, and examines the subsequent questions:
What money owed for the marked adjustments in angle in the direction of the constitutionality of hate speech law?
Does hate speech legislation violate the middle loose speech precept constitutive of democracy?
Has the conventional US place on severe expression justifiably no longer chanced on want in different places?
Do values akin to the dedication to equality or dignity legitimately override the perfect to unfastened speech in a few conditions?
With contributions from specialists in a number of disciplines, this ebook bargains an in-depth exam of the tensions that come up among democracy's offers.
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Sample text
564 Law of 12 Jun 2001 (Religious sects) . . . . . . . . . . . . . . . . . . . 236 Law of 30 Dec 2004 (Discrimination) . . . . . . . 229, 413, 414, 418, 423, 424, 426 Law of 23 Feb 2005 (Contribution of repatriated French citizens) . . . . . . . . . 563 Art 4 . . . . . . . . . . . . . . . . . . . . . . . . 562, 565, 578 Penal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . 523 Art 113-2 .
564 Law of 13 July 1990 (Loi Gayssot) . . . 512, 513, 543, 564, 565, 574, 575, 577, 578, 579 Art 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564 Law of 17 June 1998 (Sexual offences) . . . . . . . . . . . . . . . . 223–224 Law of 10 July 2000 (Commemoration of victims of racist and antisemitic crimes) . . . 577 Law of 29 Jan 2001 . . . . . . . . . . . . . . . . . . . 563, 564, 566, 578 Law of 21 May 2001 (Taubira Law) .
431 Animal Defenders International v Secretary of State for Culture, Media and Sport [2008] UKHL 15 . . . . . . . . . . . . . . . . 43, 61, 79 Apelogun Gabriels v London Borough of Lambeth (2006) ET 2301976/05 . . . . . . 383 Application for Judicial Review by the Christian Institute and Others, Re [2007] NIQB 66 . . . . . . . . . . . . . . . . . . . 308, 384 Attorney-General v Guardian Newspapers (No 2) [1990] 1 AC 109 . . . . . . . . 609 Attorney-General v ITN [1995] 2 All ER 370 .