Hate speech

1. American perspective of Freedom of Speech

2. “Congress shall make no law ... abridging the freedom of speech and the press” Free market of ideas “ Unhibited , robust and wide-open debate” Justice Brenan "Shouting fire in a crowded theater" Oliver Wendell Holmes , --- clear and present danger Fighting words are written or spoken words, generally expressed to incite violence from their target / not “general advocacy of ideas”. Warren Court : New York Times v. Sullivan (1964), Brandenburg v. Ohio (1969), Pentagon Papers (1971). Not regulation of content / regulation place, time and conditions of the speech. Incitement vs. fighting words

3. C . Mackinnon : radical feminism   Owen Fiss : social structure.   Jeremy Waldron : dignity and inclusiveness.   Edwin Barker : autonomy and speech Ronald Dworkin : hate speech an political legitimacy Robert Post : rules of civility and rules of democracy J.S.Mill perspective: controversy is useful for the truth Voltaire : “I hate what I say, but I will defend to the death your right to say” Dictionary, Mohammendans : “ I hate calumny so much that I do not want to impute foolishness to the Turks, although I detest them as tyrants over women and enemy of the arts”. 9. Diderot : Intolerance. The word intolerance is generally understood to mean the savage passion that leads us to hate and persecute those in error. Any means that provoke hate, indignation, and scorn are impious .  

4. Julius Streicher the editor of Der Stürmer Hans Fritzsche the director of the Propaganda Ministry’s Broadcasting Division. Simon Bikindi songs anti-Tutsi hate speech and pro-Hutu solidarity Direct and public incitement to genocide for hate speech over a loudspeaker --- “ snakes”   The Prosecutor v. Ferdinand Nahimana , Jean- Bosco Barayagwiza , Hassan Ngeze - Radio Télévision Libre des Mille Collines

5.   HR Committee J.R.T . and the W.G. Party v. Canada (1983) Robert Faurisson v. France (1993) Malcolm Ross v. Canada (2000) General Comment 34 (2011) CERD The Jewish community of Oslo et al. v. Norway (2005) General Recommendation No. 15 European case law Racial hate speech Sexual orientation hate speech   Religious hate speech       Negationism    Speech based on totalitarian doctrine    Political speech      Anti-constitutional/national hatred speech

6. Inter-American system   5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.     African system   2002 Zimbabwe . Hate speeches given by President Mugabe 2010 Côte d'Ivoire “The African Commission strongly condemns the biased and partisan manner in which information is processed, as well as hate speech relayed by the Ivorian media. It urges the Ivorian Radio and Television (RTI) and the Ivory Coast Television (TCI) to show objectivity, restraint and professionalism in information processing”. Press Release on the Deteriorating Situation of Human Rights in Côte d'Ivoire 2011 Sudan: expresses concern on the noticeable hate speech from some sections of the Sudanese community. Statement of the Chairperson of the African Commission on Human and Peoples’ Rights, Madam Reine Alapini-Gansou , on the occasion of Southern Sudan referendum of 9 January 2011  

7. - Protect dignity and inclusiveness - Case by case - Rabat plan of action Differentiate expressions Robust definitions of hate, discrimination and violence Test (legality / proportionality / necessity) Not cover blasphemy laws / nor political opinions / nor information , scientific and historical speech Comprehensive discrimination laws Essential elements of analysis: Context Speaker Intent Content or form Extend of the speech Likelihood, imminence