This study considers the dilemma between freedom of ecpression and
hate speech. It looks at the difficulties faced by the courts in
striking a fair balance between freedom of expression and freedom
from discrimination on grounds of race and religion. The study
employs a comparative case study of two high profile court
decisions in order to illustrate the judicial approach to the
dilemma in England and France. The study defends the hypothesis
that due to the special nature of the two human rights in conflict,
it is extremely difficult to achieve a fair balance between the two
and break down the perpetual conflict of values. It warns against
the dangers of relying solely on a legal approach to the dilemma
and explores alternatives such a promoting education as a tool to
combat ignorance and build tolerance.
General
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