LIBERTATEA DE EXPRIMARE ȘI DISCURSUL INSTIGATOR LA URĂ
FREEDOM OF EXPRESSION AND HATE SPEECH

Summary/Abstract: This study explores the complex and often paradoxical relationship between freedom of expression and hate speech in modern democratic societies, with a specific focus on Romania. Drawing from constitutional law, comparative jurisprudence, and the challenges posed by the digital environment, the article examines how legal systems attempt to balance two fundamental but sometimes conflicting values: liberty and human dignity. While American legal tradition champions near-absolute free speech, European frameworks impose stricter limitations to safeguard social harmony and protect against the resurgence of fascist ideologies. Romania, caught between these two paradigms, struggles to define and enforce hate speech regulations that are both constitutionally sound and socially responsible. The article also delves into the role of institutions like the CNCD, the influence of ECtHR jurisprudence, and the evolving nature of online discourse. Concluding with a set of de lege ferenda proposals, the study advocates for clearer legal definitions, platform accountability, and an increased emphasis on civic education as essential tools in addressing the dangers of hate speech without undermining democratic freedoms.

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