Freedom of Speech and Incitement against DemocracyDavid Kretzmer, Francine Kershman Hazan Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how. |
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advocacy advocate Amendment approach argument Article assassination audience Basic Law behaviour Brandenburg BVerfGE causal cause Chaplinsky clear and present commission commit concept consequences Constitutional Court context conviction crime criminal act criminal law criminal offence criticism damage decision defamation defined democratic direct incitement effect example Federal felony fighting words fighting words doctrine free expression free speech freedom of expression freedom of speech Frohwerk German law Holmes imminent lawless action imprisonment Incitement Against Democracy instigation instructional guidance intention intention/meaning test Israel Israeli judges Justice justify Kent Greenawalt liable materialization of harm means militant democracy normative opinion Penal Code Penal Law perpetration person political violence pornography present danger prevent principle probabilistic prosecution public incitement public peace punishment question racist restrictions Schenck Section social interest society socio-legal order speaker speech acts speech law statute StGB Strafgesetzbuch supra note Supreme Court target offence test of materialization tort violation Yitzhak Rabin