Symbolic Political Hate Speech and its Legal Regulation Cover Image

Symbolický politický nenávistný prejav a jeho právna regulácia
Symbolic Political Hate Speech and its Legal Regulation

Author(s): Marián Kuna
Subject(s): Politics and law, Politics and communication, EU-Legislation
Published by: Teologická fakulta Trnavskej univerzity
Keywords: freedom of speech; hate speech; legal certainty; rule of law; totalitarian symbols;

Summary/Abstract: The aim of this article is to critically review the issue of legal regulation, i.e. the legitimate restriction of symbolic political hate speech in the European and especially in the Central European context. It points out not only to the existing complexity of the answer to this question at the level of European protection of human rights (in line with the case law of the European Court of Human Rights in Strasbourg), but also to some important challenges and risks that a legal (especially criminal) restriction of symbolic political hate speech may constitute for freedom of expression and some other values of the democratic rule of law. In other words, it draws attention to the importance of the principle of legal certainty and freedom of speech in legal regulation of symbolic political hate speech in a democratic society.

  • Issue Year: 10/2019
  • Issue No: 1
  • Page Range: 5-24
  • Page Count: 20
  • Language: Slovak