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Journal articles on the topic 'Hate speech Freedom of speech'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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1

Yong, Caleb. "Does Freedom of Speech Include Hate Speech?" Res Publica 17, no. 4 (2011): 385–403. http://dx.doi.org/10.1007/s11158-011-9158-y.

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Bonotti, Matteo. "Religion, hate speech and non-domination." Ethnicities 17, no. 2 (2017): 259–74. http://dx.doi.org/10.1177/1468796817692626.

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In this paper, I argue that one way of explaining what is wrong with hate speech is by critically assessing what kind of freedom free speech involves and, relatedly, what kind of freedom hate speech undermines. More specifically, I argue that the main arguments for freedom of speech (e.g. from truth, autonomy and democracy) rely on a ‘positive’ conception of freedom intended as autonomy and self-mastery or as collective self-government, and can only partially help us to understand what is wrong with hate speech. In order to fully grasp the wrongness of hate speech and to justify hate speech le

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3

Howard, Jeffrey W. "Free Speech and Hate Speech." Annual Review of Political Science 22, no. 1 (2019): 93–109. http://dx.doi.org/10.1146/annurev-polisci-051517-012343.

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Should hate speech be banned? This article contends that the debate on this question must be disaggregated into discrete analytical stages, lest its participants continue to talk past one another. The first concerns the scope of the moral right to freedom of expression, and whether hate speech falls within the right's protective ambit. If it does, hate speech bans are necessarily unjust. If not, we turn to the second stage, which assesses whether speakers have moral duties to refrain from hate speech. The article canvasses several possible duties from which such a duty could be derived, includ

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Demenko, Anna, and Michał Urbańczyk. "Politically correct hate speech." Ruch Prawniczy, Ekonomiczny i Socjologiczny 82, no. 3 (2020): 169–77. http://dx.doi.org/10.14746/rpeis.2020.82.3.12.

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In the paper we discuss the reasons behind a specific permissiveness of the Polish judicial authorities with regard to hate speech. Hate speech is criminalized by various provisions of the Polish Criminal Code. But as conducted surveys and statistics show, these regulations do not seem to be used adequately. The acceptance of hate speech does not necessarily result from the fact that we are a less tolerant society, but also to a large extent, from the fact that the scope of what is allowed to be said, especially publicly, is in Poland very broad. Paradoxically, it seems that in this ‘new democ

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5

Medvedieva, M., E. Dibrivna, and R. Kuharchuk. "«HATE SPEECH» IN INTERNATIONAL AND EUROPEAN LEGAL CONTEXT." Actual Problems of International Relations, no. 133 (2017): 95–105. http://dx.doi.org/10.17721/apmv.2017.133.0.95-105.

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It is proved that the term hate speech used in international legal discourse does not have a generalized and precise definition. It is noted that when using the term «hate speech» there is a conflict between the right to freedom of expression and the prohibition of discrimination on any grounds. It is emphasized that the concept of «hate speech» in its current use contradicts the fundamental principle of the rule of law, because it represents a threat to the democratic foundation of society. The unconditional introduction of the concept of «hate speech» into the laws of European states may end

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6

이광진. "Hate Speech and Freedom of Expression." Journal of Law and Politics research 17, no. 1 (2017): 321–46. http://dx.doi.org/10.17926/kaolp.2017.17.1.321.

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Swe, Ei Thandar. "Hate Speech in Myanmar." Journal of Advanced Research in Social Sciences 3, no. 4 (2020): 31–37. http://dx.doi.org/10.33422/jarss.v3i4.533.

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Freedom of expression can be abused in concerning with race, religion or nation, politics and gender and it transfers into a hate speech. This research intends to investigate the gap between the legal ideals and actual practice, especially to understand effectiveness or impact of a draft for the Protection against and Prevention of Hate Speech Law in Myanmar. This paper analyzes the Domestic Laws such as the Constitution of the Republic of the Union of Myanmar, 2008 and the Penal Code, 1861 and the International Covenant on Civil and Political Rights (ICCPR), the International Convention on th

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Pégorier, Clotilde. "Speech and Harm: Genocide Denial, Hate Speech and Freedom of Expression." International Criminal Law Review 18, no. 1 (2018): 97–126. http://dx.doi.org/10.1163/15718123-01801003.

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This article expounds upon the issue of genocide denial, especially its particular relations to freedom of expression and hate speech. It proceeds from the twin view that the gravity of the act of denial is such that anti-denial legislations are not irreconcilable with democratic standards and the principle of freedom of expression, and that what is required in the wake of recent high-profile rulings favouring freedom of expression is not an abandonment of attempts to develop a workable framework for criminalising denial, but rather renewed investment in thinking through operable approaches th

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9

Sottiaux, Stefan. "‘Bad Tendencies’ in the ECtHR's ‘Hate Speech’ Jurisprudence." European Constitutional Law Review 7, no. 1 (2011): 40–63. http://dx.doi.org/10.1017/s1574019611100048.

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European Court of Human Rights – Canadian Charter of Rights and Freedoms – ‘Hate speech’ – Féret – Le Pen – Keegstra – Commonalities between Canadian and ECtHR jurisprudence –Development of uniform test of incitement – Sharp distinction from US Supreme Court jurisprudence on freedom of expression

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Amin, Munandzirul. "Merebaknya Intoleransi (Hate Speech dan Hate Crime) dalam Politik Indonesia." Madani Jurnal Politik dan Sosial Kemasyarakatan 12, no. 1 (2020): 87–99. http://dx.doi.org/10.52166/madani.v12i1.1902.

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Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. Th

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11

Elliott-Harvey, Charlotte. "Freedom of speech at the intersection of racist speech and online political hate speech." European Journal of Communication 36, no. 3 (2021): 302–6. http://dx.doi.org/10.1177/02673231211006798.

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12

Rəfail qızı Ələsgərova, Gülnaz. "The concept of hate speech - a comparative analysis of the approaches of the Council of Europe and the European Court of Human Rights." SCIENTIFIC WORK 15, no. 2 (2021): 37–42. http://dx.doi.org/10.36719/2663-4619/63/37-42.

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Providing an opportunity for society to develop and progress, freedom of speech is surely one of the vital conditions for sustainable democracy. Nevertheless, freedom of speech is not an absolute right and exhaustive list of limitations are delineated by many jurisdictions. In Europe as well it is still subject to accepted restrictions designed to prohibit incitement to hatred or conflict with other human rights. This article discusses approaches to hate speech as a legitimate ground for restriction of freedom of speech. The article is dedicated to a comparative analysis of the case law of the

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BRINK, DAVID O. "MILLIAN PRINCIPLES, FREEDOM OF EXPRESSION, AND HATE SPEECH." Legal Theory 7, no. 2 (2001): 119–57. http://dx.doi.org/10.1017/s1352325201072019.

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14

Tierney, William G. "Hate Speech and Academic Freedom in the Academy." Educational Researcher 35, no. 3 (2006): 33–37. http://dx.doi.org/10.3102/0013189x035003033.

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DI ROSA, ALESSANDRO. "PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW." Age of Human Rights Journal, no. 12 (June 13, 2019): 105–32. http://dx.doi.org/10.17561/tahrj.n12.6.

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The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-

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Gerber, Scott D. "THE POLITICS OF FREE SPEECH." Social Philosophy and Policy 21, no. 2 (2004): 23–47. http://dx.doi.org/10.1017/s026505250421202x.

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Freedom of speech long has been regarded as one of the “preferred freedoms” in the United States: one of the freedoms the U.S. Supreme Court deems “implicit in the concept of ordered liberty.” However, what freedom of speech does—and should—mean is a highly charged question in American constitutional law. I will explore this question by examining how several prominent constitutional theorists have proposed particular approaches to free speech law in order to further their political objectives. I will examine the free speech theories of the nation's leading feminist legal theorist (regarding po

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17

Kohl, Helmut. "Freedom of speech and hate expression: The German experience." Journal of Ethnic and Migration Studies 20, no. 1 (1993): 147–54. http://dx.doi.org/10.1080/1369183x.1993.9976411.

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18

Anindyajati, Titis. "LIMITATION OF THE RIGHT TO FREEDOM OF SPEECH ON THE INDONESIAN CONSTITUTIONAL COURT CONSIDERATION." Indonesian Law Journal 14, no. 1 (2021): 19–36. http://dx.doi.org/10.33331/ilj.v14i1.45.

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Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to

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19

DOWNS, DANIEL M., and GLORIA COWAN. "Predicting the Importance of Freedom of Speech and the Perceived Harm of Hate Speech." Journal of Applied Social Psychology 42, no. 6 (2012): 1353–75. http://dx.doi.org/10.1111/j.1559-1816.2012.00902.x.

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20

Taradhita, Dewa Ayu Nadia, and I. Ketut Gede Darma Putra. "Hate Speech Classification in Indonesian Language Tweets by Using Convolutional Neural Network." Journal of ICT Research and Applications 14, no. 3 (2021): 225–39. http://dx.doi.org/10.5614/itbj.ict.res.appl.2021.14.3.2.

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The rapid development of social media, added with the freedom of social media users to express their opinions, has influenced the spread of hate speech aimed at certain groups. Online based hate speech can be identified by the used of derogatory words in social media posts. Various studies on hate speech classification have been done, however, very few researches have been conducted on hate speech classification in the Indonesian language. This paper proposes a convolutional neural network method for classifying hate speech in tweets in the Indonesian language. Datasets for both the training a

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21

Yoyo, Yoyo. "UJARAN KEBENCIAN (KHITĀB AL-KARĀHIYAH) DALAM RUANG KONTESTASI SOSIAL POLITIK ARAB KONTEMPORER." Adabiyyāt: Jurnal Bahasa dan Sastra 3, no. 1 (2019): 120. http://dx.doi.org/10.14421/ajbs.2019.03106.

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The collapse of most authoritarian rulers in the Arab world in particular and the Middle East in general, was automatically followed by a wider change in the direction of political policy and freedom of expression (hurriyyah al-ta'bīr), channeled through various social media. The freedom of expression does not always have positive implications but is accompanied by the growth of expressions of hatred. Hate speech or khitāb al-karāhiyah contri-butes to the social and political contestation of the Arab Arab World. The research questions in this study are as follow (1) what factors are behind the

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22

Narwastuty, Dian, and Christian Nugraha. "POSSIBILITY TO CORRECT THE FREEDOM OF SPEECH IN INDONESIAN LAW: COMPARISON BETWEEN SINGAPORE LAW AND INDONESIAN LAW ON BROADCASTING." Indonesian Law Journal 14, no. 1 (2021): 53–63. http://dx.doi.org/10.33331/ilj.v14i1.43.

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Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. This principle is one of the Human Rights principles that are necessary for the progress of humanity itself. But its existence has always triggered a dispute because of the abuse of the right. The abuse of the rights consists of Hate Speech and Hoaxes. This research is normative legal research that uses a comparative approach and conceptual approach. And also, this research will compare the Freedom of Speec

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23

Onah, Nkechinyere G., and Favour Uroko. "HATE SPEECH AND ETHNO-RELIGIOUS CONCLICTS IN NIGERIA: Implications for Political Stability." MAHABBAH: Journal of Religion and Education 2, no. 2 (2021): 161–83. http://dx.doi.org/10.47135/mahabbah.v2i2.31.

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While freedom of expression or free speech is a fundamental human right of all, hate speech heralds danger for a country. Using a qualitative research approach, this study examines the connection between hate speech, ethnoreligious conflicts, and political stability in Nigeria. This study argues that the threat to internal security in Nigeria is a resultant effect of social injustice in the country. In Nigeria, hate speech has been on the increase instigating ethnic and religious sentiment, mistrust, and conflicts. The study suggests that peace social justice and political inclusion should be

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24

Jääskeläinen, Tuula. "Countering hate speech through arts and arts education." Policy Futures in Education 18, no. 3 (2019): 344–57. http://dx.doi.org/10.1177/1478210319848953.

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Hate speech has become a growing topic of discussion and debate on a global scale, especially as advances in the internet transform communication on many levels. Among scholars, hate speech has been defined as any form of expression – for example by means of speech, images, videos or online activity – that has the capacity to increase hatred against a person or people because of a characteristic they share or a group to which they belong. In order to maintain the integrity of a functioning democracy, it is important to identify the best balance between allowing freedom of expression and protec

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Stradella, Elettra. "Hate Speech in the Background of the Security Dilemma." German Law Journal 9, no. 1 (2008): 59–88. http://dx.doi.org/10.1017/s2071832200006301.

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In this paper I will analyze the relation between the limitations on freedom of speech and the increasingly intense defense of “security” intended as a psychosomatic and material condition of well-being. I will consider, in particular, the evolution of the legal limitations on the freedom of speech, moving from the apparently new dilemma of the protection of self-preservation contrasting with the guarantee of individual liberties. I will describe the transition from an internal foundation of this kind of limitation, caused by the will to destroy the potential enemies of State power, to a new f

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Ullmann, Stefanie, and Marcus Tomalin. "Quarantining online hate speech: technical and ethical perspectives." Ethics and Information Technology 22, no. 1 (2019): 69–80. http://dx.doi.org/10.1007/s10676-019-09516-z.

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Abstract In this paper we explore quarantining as a more ethical method for delimiting the spread of Hate Speech via online social media platforms. Currently, companies like Facebook, Twitter, and Google generally respond reactively to such material: offensive messages that have already been posted are reviewed by human moderators if complaints from users are received. The offensive posts are only subsequently removed if the complaints are upheld; therefore, they still cause the recipients psychological harm. In addition, this approach has frequently been criticised for delimiting freedom of e

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Santuraki, Suleiman Usman. "Trends in the Regulation of Hate Speech and Fake News: A Threat to Free Speech?" Hasanuddin Law Review 5, no. 2 (2019): 140. http://dx.doi.org/10.20956/halrev.v5i2.1625.

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The Information and Communication Technology (ICT) revolution heralding the emergence and dominance of social media has always been viewed as a turning point in free speech and communication. Indeed, the social media ordinarily represents the freedom of all people to speech and information. But then, there is also the side of the social media that has been often ignored; that it serves as platform for all and sundry to express themselves with little, if any regulation or legal consequences. This as a result has led to global explosion of hate speech and fake news. Hate speech normally lead to

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Smolla, Rodney A. "Academic Freedom, Hate Speech, and the Idea of a University." Law and Contemporary Problems 53, no. 3 (1990): 195. http://dx.doi.org/10.2307/1191797.

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Youm, Kyu Ho. "First Amendment Law: Hate Speech, Equality, and Freedom of Expression." Journal of Communication 51, no. 2 (2001): 406–12. http://dx.doi.org/10.1111/j.1460-2466.2001.tb02887.x.

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Poshka, Agim. "HUMANISTIC ASPECTS IN THE LANGUAGE PLANING POLICIES." Knowledge International Journal 28, no. 7 (2018): 2335–38. http://dx.doi.org/10.35120/kij28072335a.

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It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that h

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Poshka, Agim. "HUMANISTIC ASPECTS IN THE LANGUAGE PLANING POLICIES." Knowledge International Journal 28, no. 7 (2018): 2335–38. http://dx.doi.org/10.35120/kij29082335a.

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It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that h

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32

ZAITSEV, Yurii. ""I HATE GRILL ON THE WINDOWS"." Contemporary era 6 (2018): 249–57. http://dx.doi.org/10.33402/nd.2018-6-249-257.

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The author offers the reader a document - a unique monument of the political thought of the Ukrainian Resistance movement to the communist regime of the 1960-1980s. The eleven-page manuscript "Ostanne slovo Niny Strokatoi na protsesi v Odeskomu oblasnomu sudi 17 travnia 1972" reveals the opposition's view on the "freedom of speech" in the USSR, the reasons for samizdat (self-publishing), stigmatizing nationalism, and the government's disregard for Ukraine's right to secede from Russia declared by Lenin. The document focused on the need to hand over "senseless censorship" to justice, to stop ig

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Pilgrim, Tim A. "Giving Oral Expression “Free Rein”: Implications for Diversity of University Hate Speech Code." Ethnic Studies Review 20, no. 1 (1997): 25–39. http://dx.doi.org/10.1525/esr.1997.20.1.25.

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This paper uses history, law, and First Amendment theory to examine the concepts of political correctness, free speech, and hate speech in a search for a solution of how best to deal with hate speech incidents that occur in the university campus community. The paper notes the American tendency toward tyranny of the majority as noted by Alexis de Tocqueville in the 1830s and then proceeds to examine the double-edged sword of free speech. By guaranteeing freedom of speech we promote the right to shout down ethnic and other minority groups; by providing penalties against those who use it to shout

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Koval, Ekaterina, Andrey Sychev, and Natalya Zhadunova. "Hate rhetoric vs trust rhetoric in contemporary public discourse." SHS Web of Conferences 72 (2019): 03038. http://dx.doi.org/10.1051/shsconf/20197203038.

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Modern public discourse is so closely related to power that we can talk about the power of discourse. The value-normative basis of public discourse in most modern societies is human rights and fundamental freedoms. This leads to a high level of not only discursive diversity, but also communicative aggression, one of the most dangerous manifestations of which is the rhetoric of hatred. Although hatred rhetoric in certain communicative contexts and situations can perform useful functions based on violence, it hinders the achievement of such ideals of public discourse as the public good and justi

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Okolie, Ugo Chuks, and Eseohe Glory Okoedion. "Ethno-religious hate speeches and political violence in Nigeria’s fourth republic." RUDN Journal of Public Administration 6, no. 2 (2020): 106–20. http://dx.doi.org/10.22363/2312-8313-2019-6-2-106-120.

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Ethnoreligious hate speech is the precursor to political violence in Nigeria’s fourth republic. While it is true that one of the greatest benefits of democratic societies is freedom of speech, still no one should be allowed under the disguise of exercising the right to free speech to offend, humiliate and demean another human being. In Nigeria, hate speech has been elevated to the status of political campaign strategy and it accounts for the escalation of political violence in Nigeria’s fourth republic. Therefore, this study explored the impact of ethno-religious hate speech on political viole

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Teršek, Andraž. "Common and Comprehensive European Definition of Hate-Speech Alternative Proposal." Open Political Science 3, no. 1 (2020): 213–19. http://dx.doi.org/10.1515/openps-2020-0019.

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AbstractEurope needs to define the term and legal (criminal & constitutional) concept of “hate speech” precisely. The definition must be written in legal literature and in legislation. It must also be offered by the European Constitutional Courts and, last but not least, by the ECtHR. A descriptive definition offered inter alia by the ECtHR judgement in case of Vejdeland vs. Sweden (2012) was only a guidance. The new ECtHR judgement in the case of Carl Jóhann Lilliendahl vs. Iceland (11th of June 2020) addressed “homophobic speech” as “hate speech” directly. By combining the ECtHR case-law

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Lacerda Tanure, Augusto, and Marcelo Campos Galuppo. "O EMBONDEIRO E A TOLERÂNCIA." Revista Eletrônica Direito e Política 16, no. 1 (2021): 65–85. http://dx.doi.org/10.14210/rdp.v16n1.p65-85.

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RESUMO O presente artigo têm como objetivo discutir a tolerância e seus limites no tocante à liberdade de expressão. Questionará a possibilidade ou impossibilidade de definir quais discursos deveriam disputar o mercado de ideias democrático. Para tanto, tecerá reflexões a partir do texto: “O embondeiro que sonhava pássaros” de Mia Couto, contrapondo-o às ideias sobre tolerância de Jeremy Waldron em “The Harm in Hate Speech” e Andrew Jason Cohen em “Toleration and Freedom From Harm”. Pretende-se demonstrar que a liberdade de expressão é essencial à tolerância, sendo que suas limitações devem se

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Kuna, Marian. "Eric Heinze on Freedom of (Hate) Speech in the Democratic State." Politické vedy 23, no. 3 (2020): 145–62. http://dx.doi.org/10.24040/politickevedy.2020.23.3.145-162.

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Cowan, Gloria, Miriam Resendez, Elizabeth Marshall, and Ryan Quist. "Hate Speech and Constitutional Protection: Priming Values of Equality and Freedom." Journal of Social Issues 58, no. 2 (2002): 247–63. http://dx.doi.org/10.1111/1540-4560.00259.

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Graber, Mark A., and Philippa Strum. "When the Nazis Came to Skokie: Freedom for Speech We Hate." Journal of American History 87, no. 1 (2000): 313. http://dx.doi.org/10.2307/2568066.

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Rumenjak, Nives. "Freedom of expression in multicultural societies: Political cartooning in Europe in the modern and postmodern eras." Empedocles: European Journal for the Philosophy of Communication 10, no. 2 (2019): 167–89. http://dx.doi.org/10.1386/ejpc_00005_1.

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Abstract At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet Mohammad, the article revea

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McGaffey, Ruth. "Freedom of Speech for the Ideas We Hate: Nongovernmental Abridgment of Freedom of Expression." Free Speech Yearbook 26, no. 1 (1987): 90–103. http://dx.doi.org/10.1080/08997225.1987.10556079.

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Thornberry, Patrick. "Forms of Hate Speech and the Convention on the Elimination of all Forms of Racial Discrimination (ICERD)." Religion & Human Rights 5, no. 2-3 (2010): 97–117. http://dx.doi.org/10.1163/187103210x528138.

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AbstractIn this article, issues are raised concerning freedom of expression and forms of hate speech including advocacy of religious hatred in light of proposals to combat defamation of religions. In particular, it is asked whether parallels can be drawn between freedom of expression and protection from forms of hate speech in the area of race and ethnicity, and expression and protection in the field of religion. The present article offers a brief summary of relevant ICERD (‘the Convention’)<xref ref-type="fn" rid="FN1">2</xref> principles and practice. The sketch of principles rev

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Jacoby, Ana Ximena. "Más que palabras: libertad de expresión y discurso de odio en el Sistema Interamericano de Derechos Humanos = More than words: freedom of speech and hate speech in the Inter-American Human Rights system." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 148. http://dx.doi.org/10.20318/eunomia.2020.5268.

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Resumen: El derecho a la libre expresión tiene un alcance sumamente amplio. Incluye, entre otras, la manifestación de ideas y opiniones que otros pueden considerar profundamente ofensivas y perturbadoras. Por su naturaleza radical, este derecho suele entrar en colisión con otros derechos fundamentales, como el derecho a la honra, a la privacidad, al olvido, a la libertad religiosa o con las normas que resguardan la seguridad nacional o la circulación del “discurso de odio”. Estas tensiones, que atraviesan al derecho a la libre expresión, quedan frecuentemente manifiestas en fallos y posicionam

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Gelber, Katharine. "Freedom of political speech, hate speech and the argument from democracy: The transformative contribution of capabilities theory." Contemporary Political Theory 9, no. 3 (2010): 304–24. http://dx.doi.org/10.1057/cpt.2009.8.

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Callamard, Agnès. "Combating Discrimination and Intolerence with a Free Speech Framework." Religion & Human Rights 5, no. 2-3 (2010): 153–69. http://dx.doi.org/10.1163/187103210x528174.

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AbstractThe objective of this article is to address the questions as to whether Articles 19 and 20 of the ICCPR are an indivisible whole, and particularly as to whether States can impose restrictions on freedom of expression without first embracing the full scope of such freedom? The overriding objective is to clarify the nature of the obligations of States under Article 20 (limitations as an option or an obligation) following a series of freedom of expression related incidents that have polarised societies, created tensions and fuelled xenophobia and racist attitudes and highlighted the subst

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Bhattarai, Gaurav. "Artistic Freedom against Moral Responsibilities: An Appraisal of Aesthetics against Ethics." KMC Research Journal 2, no. 2 (2018): 1–22. http://dx.doi.org/10.3126/kmcrj.v2i2.29945.

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How the hate speech should be separated from the free speech and why the blasphemous laws should be banned to shield free thought and freedom of expression from any danger or damage? This article examines the argument that whether blasphemous art should be publicly displayed, and if yes, in what manner artist are free and to what extent they should be responsible while exercising their artistic freedom. The write-up argues against those who say blasphemy is an offence, an attack on religion and sacred, to aver that blasphemy shouldn’t be understood merely on the moral and ethical lines, but th

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GAFFAF, Fatma, and Karima Abdullah DRAH. "Hate Crime, Discrimination, Violence, Criminal La." International Journal of Humanities and Educational Research 03, no. 03 (2021): 198–208. http://dx.doi.org/10.47832/2757-5403.3-3.19.

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There is no doubt that freedom of expression and thought is guaranteed to everyone, and no person has the right to slander, derogate or abuse others in any form of expression, whether verbally, in writing, drawing, or with reference ... etc, because of his disagreement with him in opinion. The mere disagreement of opinion is a natural thing, and it is the way of advancement in life and treatment, except that what currently prevails is the opposite, as the difference of opinion is the beginning of public disagreements and boycott. Violence, as it falls within the framework of hatred and incitem

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Witro, Doli. "PEACEFUL CAMPAIGN IN ELECTION AL-HUJURAT VERSE 11 PERSPECTIVE." Alfuad: Jurnal Sosial Keagamaan 3, no. 2 (2019): 15. http://dx.doi.org/10.31958/jsk.v3i2.1796.

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Democracy is a government of the people, by the people and for the people. The popularity of the democratic system is arguably at its peak. This is proven by the many uses of the democratic system in modern countries in the world. Indonesia as a country that runs a democratic system does not give authority to the authorities to monopolize votes in an election. Because security and freedom for every citizen, free to choose as a representation of the sovereignty of the people. But on the side that democracy often happens is seen as freedom so that there are some elements mixing elements in democ

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박정원 and 이성흠. "Legal Sanction Against 'Hate Speech' and Freedom of Expression in the Cyberspace." Journal of hongik law review 10, no. 3 (2009): 119–47. http://dx.doi.org/10.16960/jhlr.10.3.200910.119.

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