1. Hate Speech - Theory This, the first of the hate speech lectures, begins by considering why freedom of expression is important. Although freedom of expression is generally accepted as a right, and certainly exists as a right under article 10 ECHR (and indeed also within the common law), we nevertheless have to consider why expression is important in order to determine (i) whether the right should extend to certain types of contentious expression (such as hate speech) and (ii) what balance should be struck between freedom of expression and other rights and interests. Turning to hate speech, in particular, it is highly contested as to whether the law should intervene to prohibit such speech or alternatively whether we should combat hate through other means such as counter-speech and education. To understand the intricacies of that debate it is important to have an awareness of the free speech theory that underpins it. This lecture thus addresses (i) the value of freedom of expression and (ii) arguments for/against laws prohibiting hate speech. This lecture lasts approximately 32 minutes if you would like to take a break a natural point to do so would be after 20 minutes - this is indicated on the handout. Outline of Contents 1. Hate Speech - Theory. 1 2. Introduction to the Hate Speech Case Study. 4 3. Why Protect Freedom of Expression ?. 4 4. Core Ideas in Free Speech Theory. 5 (a) Truth 5 (b) Self-fulfilment/Autonomy. 6 (c) Democratic value/Self-governance. 6 (d) Suspicion of Government. 6 (e) Tolerance. 6 5. Aspects of Free Speech Theory in Article 10 ECHR. .6 6. Contrasting Views on Hate Speech Theory. 7 (a) Dworkin 7 (b) Waldron 7 (c) Barendt 8 (d) C. E. Baker 8 (e) Heinze. 8 7. Summary of Different Views. 8 1
8. Conclusions. 9 9. Appendix 1 - Summary of Core Elements of Free Speech Theory .. 9 10. Hate Speech - Introduction to Hate Speech and the ECHR .. 11 (f) Introduction to Article 10 ECHR. 11 Two approaches when dealing with hate speech. 12 A. Broad Scope of Article 10 (1) ECHR. 12 I. Covers broad range of ideas including offensive, shocking or disturbing speech 12 II. Broad approach to means - extends beyond "speech" 13 III. Includes freedom to receive information and impart ideas. 13 IV. Positive obligations. 13 11. Article 17 ECHR and Limits to the Scope of Article 10 ECHR - Exclusionary Approach 13 a. When is Article 17 ECHR Applicable? 14 a) Hybrid - Article 10 and 17 ECHR Approach. .14 Different Categories of Hate Speech Approach 15 12. Examples of Article 17 ECHR 16 (a) Holocaust denial/Genocide denial 16 b) Hatred on grounds of Ethnicity. 17 c) Incitement to Violence and Support for Terrorism. 17 d) Racial Hatred 18 e) Religious Hatred. 18 f) Ideology that Poses a Threat to Democracy 18 13. Summary. 18 14. Academic views. 18 15. Conclusions. 19 Article 10 ECHR - Justification Approach. 19 16. Reminder of Article 10 ECHR and