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Freedom of Expression and Religious Hate Speech in Europe (Paperback)
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Freedom of Expression and Religious Hate Speech in Europe (Paperback)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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In recent years, the Danish cartoons affair, the Charlie Hebdo
murders and the terrorist attacks in Brussels and Paris have
resulted in increasingly strident anti-Islamic speeches by
politicians. This raises questions about the limits to freedom of
expression and whether this freedom can and should be restricted to
protect the religious feelings of believers. This book uses the
case law of the European Court of Human Rights to provide a
comprehensive analysis of the questions: whether legal prohibitions
of religious hate speech violate the right to freedom of
expression; and, whether such laws should be used to prosecute
politicians and others who contribute to current debates when they
use anti-Islam rhetoric. A well-known politician who uses such
rhetoric is Dutch politician Geert Wilders. He has been prosecuted
twice for hate speech, and was acquitted in the first case and
recently convicted in the second. These prosecutions are used to
illustrate the issues involved in drawing the line between freedom
of expression and religious hate speech. The author argues that
freedom of expression of politicians and those contributing to the
public debate should not be restricted except in two very limited
circumstances: when they incite to hatred or violence and there is
an imminent danger that violence will follow or where it stops
people from holding or manifesting their religion. Based on this,
the author concludes that the European Court of Human Rights should
decide, if it is asked to do so, that Wilders conviction for hate
speech violates his freedom of expression.
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