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From the Hate Speech Regulation to Explore the New Development of Free Speech

Author: WangHui
Tutor: ZhenShuQing
School: Hebei University
Course: Constitutional and Administrative Law
Keywords: freedom of expression hate speech American exceptionalism Europe balancing
CLC: D911
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 1
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Abstract


Free speech is quintessential for maintaining democracy because it facilitates the exchange of diverse opinions. In the area of hate speech, the libertarian notion of free expression comes into tension with the aspiration of equal dignity. With the expansion of the Internet, new regulatory challenges more frequently arise because of the global reach of hate propaganda transmitted from the US, where it is legal, and streamed into countries, like France, where such communications are criminal offenses. This article opens with an analysis of hate speech in a democratic society.As today’s world continually moves to a more unified state, it is important to examine the various national and international approaches to freedom of expression. This thesis provides a comparison of the protection afforded to expression in both the United States and the European Union member states, with a special emphasis on the areas of hate speech。In the United States, scholars generally consider content-based regulation of hate speech to be impermissible under the First Amendment. However, the European Court of Human Rights has found restrictions on hate speech to be valid under the limitations on freedom of expression present in the European Convention on Human Rights.In the future, it will be interesting to see whether the United States and Europe develop a more similar approach to freedom of expression or whether each will retain its individual approaches. In an age when theimpact of court decisions is often world-wide and the publication of information is not limited to the nation of origin, it seems likely that laws governing freedom of expression will eventually begin to transcend national boundaries. Supporters of freedom of expression would do well to understand the merits and drawbacks of different approaches to regulating expression so freedom of expression can be adequately safeguarded in the future.

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CLC: > Political, legal > Legal > UNIVERSITY > National law,the Constitution
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