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Reason
Reason
Politics
Eugene Volokh

Natalie Alkiviadou Guest-Blogging About "Hate Speech and the European Court of Human Rights"

I'm delighted to report that Dr. Natalie Alkiviadou, Senior Research Fellow at the Future of Free Speech at Vanderbilt University will be guest-blogging this week about this new book of hers. Here is a summary of the book, from the publisher:

This book argues that the European Court of Human Rights (ECtHR) should reconsider its approach to hate speech cases and develop a robust protection of freedom of expression as set out in the benchmark case of Handyside v the United Kingdom. In that case, the ECtHR determined that Article 10 of the European Convention on Human Rights (ECHR), safeguarding the right to freedom of expression, extends protection not only to opinions which are well received but also to those deemed offensive, shocking, or disturbing. However, subsequent rulings by the Court have generated a significant amount of contradictory case law.

Against this backdrop, this book provides an analysis of hate speech case law before the ECtHR and the now-obsolete European Commission on Human Rights. Through a jurisprudential analysis, it is argued that these institutions have adopted an overly restrictive approach to hate speech, which fails to provide adequate protection of the right to freedom of expression. It also demonstrates that there are stark inconsistencies when it comes to the treatment of some forms of 'hate speech' versus others.

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