3. merican
rspective of
eedom of Speech

4. • “Congress shall make no law ... abridging the freedom of
speech and the press”
• Free market of ideas
• “Unhibited, robust and wide-open debate” Justice
Brenan
• "Shouting fire in a crowded theater" Oliver Wendell
Holmes, --- clear and present danger
• Fighting words are written or spoken words, generally
expressed to incite violence from their target / not
“general advocacy of ideas”.
• Warren Court: New York Times v. Sullivan
(1964), Brandenburg v. Ohio (1969), Pentagon Papers
(1971).
• Not regulation of content / regulation place, time and
conditions of the speech.

5. 1. C. Mackinnon: radical feminism
2. Owen Fiss: social structure.
3. Jeremy Waldron: dignity and inclusiveness.
1. Edwin Barker: autonomy and speech
2. Ronald Dworkin: hate speech an political legitimacy
3. Robert Post: rules of civility and rules of democracy
4. J.S.Mill perspective: controversy is useful for the truth
1. Voltaire: “I hate what I say, but I will defend to the death your right to say”
Dictionary, Mohammendans: “I hate calumny so much that I do not want to impute
foolishness to the Turks, although I detest them as tyrants over women and enemy of
the arts”.
9. Diderot: Intolerance. The word intolerance is generally understood to mean the
savage passion that leads us to hate and persecute those in error. Any means that
provoke hate, indignation, and scorn are impious.

6. Julius Streicher
the editor of Der Stürmer
Hans Fritzsche
the director of the
Propaganda Ministry’s Broadcasting Division.
Simon Bikindi songs anti-Tutsi hate speech and pro-Hutu solidarity
Direct and public incitement to genocide for hate speech over a
loudspeaker --- “snakes”
The Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan
Ngeze - Radio Télévision Libre des Mille Collines

7. HR Committee
• J.R.T. and the W.G. Party v. Canada (1983)
• Robert Faurisson v. France (1993)
• Malcolm Ross v. Canada (2000)
• General Comment 34 (2011)
CERD
• The Jewish community of Oslo et al. v. Norway (2005)
• General Recommendation No. 15
European case law
• Racial hate speech
• Sexual orientation hate speech
• Religious hate speech
• Negationism
• Speech based on totalitarian doctrine
• Political speech
• Anti-constitutional/national hatred speech

8. Inter-American system
5. Any propaganda for war and any advocacy of national, racial, or religious hatred that
constitute incitements to lawless violence or to any other similar action against any
person or group of persons on any grounds including those of
race, color, religion, language, or national origin shall be considered as offenses
punishable by law.
African system
2002 Zimbabwe. Hate speeches given by President Mugabe
2010 Côte d'Ivoire “The African Commission strongly condemns the biased and partisan
manner in which information is processed, as well as hate speech relayed by the Ivorian
media. It urges the Ivorian Radio and Television (RTI) and the Ivory Coast Television (TCI)
to show objectivity, restraint and professionalism in information processing”. Press
Release on the Deteriorating Situation of Human Rights in Côte d'Ivoire
2011 Sudan: expresses concern on the noticeable hate speech from some sections of the
Sudanese community. Statement of the Chairperson of the African Commission on
Human and Peoples’ Rights, Madam Reine Alapini-Gansou, on the occasion of Southern
Sudan referendum of 9 January 2011

9. - Protect dignity and inclusiveness
- Case by case
- Rabat plan of action
Differentiate expressions
Robust definitions of hate, discrimination and violence
Test (legality / proportionality / necessity)
Not cover blasphemy laws / nor political opinions / nor
information, scientific and historical speech
Comprehensive discrimination laws
Essential elements of analysis:
– Context
– Speaker
– Intent
– Content or form
– Extend of the speech
– Likelihood, imminence