The Hatefulness of Protected Speech: A Comparison of the American and European Approaches

In its First Amendment jurisprudence, the United States Supreme Court has construed very broadly the constitutional protection of free speech. Similarly democratic governments in Europe, however, have adopted laws restricting certain types of speech-particularly hate speech-based on the view that the human rights of oppressed groups cannot be protected fully if hate speech is permitted In this provocative Article, Professor Douglas-Scott briefly examines the American approach and contrasts it with the rationale underpinning European, especially German, law. Focusing on hate speech and the denial of the Holocaust voiced largely by neo-Nazi and other right-wing groups, she argues that such speech poses problems for society that are not addressed most effectively by strict adherence to unfettered free expressio

What does ‘Brexit means Brexit’ actually mean?

Theresa May has famously stated that ‘Brexit means Brexit’, but what does this actually mean (if anything)? Sionaidh Douglas-Scott examines the legal implications of triggering Art. 50. The position of referendums in UK constitutional law is very hazy, she notes, and previous UK-EU negotiations on crucial matters have often been shrouded in secrecy, with the key negotiators withholding information even from the Parliament. Paradoxically, Brexit may therefore not mean ‘taking back control’ by the Parliament, but rather a dominance by the executive for its political purposes

Law, Justice and the Pervasive Power of the Image

No abstrac

The Hatefulness of Protected Speech: A Comparison of the American and European Approaches

In its First Amendment jurisprudence, the United States Supreme Court has construed very broadly the constitutional protection of free speech. Similarly democratic governments in Europe, however, have adopted laws restricting certain types of speech-particularly hate speech-based on the view that the human rights of oppressed groups cannot be protected fully if hate speech is permitted In this provocative Article, Professor Douglas-Scott briefly examines the American approach and contrasts it with the rationale underpinning European, especially German, law. Focusing on hate speech and the denial of the Holocaust voiced largely by neo-Nazi and other right-wing groups, she argues that such speech poses problems for society that are not addressed most effectively by strict adherence to unfettered free expressio