MED SVOBODO IZRAŽANJA IN SOVRAŽNIM GOVOROM: DILEMATIČNA RAZMERJA
BETWEEN FREEDOM OF EXPRESSION AND HATE SPEECH: DILEMMATIC RELATIONSHIPS

Summary/Abstract: Both historically and conceptually, freedom of expression is one of the basic civil liberties associated with the rights-based conception of citizenship and also one of the most important principles of a democratic society. The paper identifies both traditional and contemporary functions associated with freedom of expression and presents the basic interests associated with it. This is followed by an analysis of the limits of freedom of expression and the related issue of hate speech, along with a presentation of certain dimensions of the legal basis of hate speech. We then discuss why hate speech represents the limits of freedom of expression and present a proposal for the use of conceptual analysis in the identification and definition of hate speech. The final section of the paper presents some fundamental objections to both freedom of expression and hate speech.

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