Freedom of Speech and Incitement Against Democracy

Front Cover
David Kretzmer, Francine Kerschman Hazan, Friedrich Ebert Stiftung
Martinus Nijhoff Publishers, Jan 1, 2000 - Political Science - 285 pages
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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Contents

Freedom of Speech and Incitement Against Democracy
3
Punishable Verbal Assault or Protected
11
Incitement Against Democracy as a Limitation of Freedom of Speech
33
Speech Behaviour and the Interdependence of Fact and Value
43
Dilemmas of Democracy and Law
63
Incitement and Freedom of Speech
101
The Law of Incitement and the Use of Speech to Incite Others
119
Incitement not Sedition
147
Private Remedies for the Defamation of Political
215
An Attempt to Fight Incitement
235
Index
275
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