Freedom of Speech versus Hate Speech Cover Image

Sloboda prejavu verzus nenávistný prejav
Freedom of Speech versus Hate Speech

Author(s): Marián Kuna
Subject(s): Media studies, Political behavior, Politics and communication
Published by: Teologická fakulta Trnavskej univerzity
Keywords: democracy; freedom of speech; hate speech; speech acts;

Summary/Abstract: The article deals with the issue of the limitation of hate speech in the context of the right to freedom of speech from the perspective of legal philosophy. This is a current legally highly relevant socio-political phenomenon that quite resonates in today’s European societies. Its gravity is underlined by the fact that it is a subject to legal regulation in general and of criminal law in particular. In the text, we will present a broader background and context of freedom of speech and its legitimate legal constraints in the European context. We also pay attention to the problem of hate speech, namely to its notion, typology and different degrees of its legitimate legal protection. We do believe that in the context of the principles of democratic state and the rule of law, it is essential not only to follow the case law concerning hate speech of the European Court of Human Rights, but also to scholarly scrutinize it. For what is at stake here is our freedom of speech and with it also our democracy as a civilised form of human community.

  • Issue Year: 9/2018
  • Issue No: 2
  • Page Range: 43-58
  • Page Count: 16
  • Language: Slovak