Cardozo Journal of International and Comparative Law
Abstract
The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.
Disciplines
Communications Law | Constitutional Law | First Amendment | Human Rights Law | International Law | Law
Recommended Citation
Mario Oetheimer,
Protecting Freedom of Expression: The Challenge of Hate Speech in the European Court of Human Rights Case Law,
17
Cardozo J. Int'l & Comp. L.
427
(2009).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol17/iss3/4
Included in
Communications Law Commons, Constitutional Law Commons, First Amendment Commons, Human Rights Law Commons, International Law Commons