A deep-dive into the theoretical and practical distinctions between the common understanding of hate speech and its legal definitions.

No serious attempt to answer the question 'What is hate speech?' would be complete without an exploration of the outer limits of the concept(s). This book critically examines both the ordinary and legal concepts of hate speech, contrasting social media platform content policies with national and international laws. It also explores a range of controversial grey area examples of hate speech. Part I focuses on the ordinary concept and looks at hybrid attacks, selective attacks, reverse attacks, righteous attacks, indirect attacks, identity attacks, existential denials, identity denials, identity miscategorisations, and identity appropriations. Part II concentrates on the legal concept. It considers how to distinguish between hate speech and hate crime, and examines the precarious position of denialism laws in national and international law. Together, the authors draw on conceptual analysis, doctrinal analysis, linguistic analysis, critical analysis, and diachronic analysis to map the new frontiers of the concepts of hate speech.

This book examines the ways that hatred comes alive in language and discourse. It asks whether much of the discourse on the political right - that which attacks their enemies - is hate speech. Extending Michael Waltman's previous work on hate speech, this book examines the discourse and language produced by a variety of right-wing groups and attempts to determine the homology that exists among their discourses. These groups, which include the racist right wing, the political right wing, the Christian right wing, and the paramilitary right wing, are examined respectively through the lenses of the film White Apocalypse, the book Atlas Shrugged, the Left Behind trilogy of movies, and the web pages maintained by the Republic of the United States of America and the National Rifle Association. The author looks at the discourses of hate produced in these seminal texts in order to identify a homology of exclusion that unites the forms of right-wing extremism, giving them a common frame of reference when confronting social and political challenges.

The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.

A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.

The United Nations’ Universal Declaration of Human Rights in 1948 proclaimed a vision of freedom of expression exercised regardless of frontiers. Nonetheless, laws and norms regarding the freedom or limits of expression are typically established and understood at the national level. In today’s interconnected world, newfound threats to free expression have suddenly arisen. How can this fundamental right be secured at a global level? This volume brings together leading experts from a variety of fields to critically evaluate the extent to which global norms on freedom of expression and information have been established and which actors and institutions have contributed to their diffusion. The authors also consider ongoing and new challenges to these norms, from conflicts over hate speech and the rise of populism to authoritarian governments, as well as the profound disruption introduced by the internet. Together, the essays lay the groundwork for an international legal doctrine on global freedom of expression that considers issues such as access to government-held information, media diversity, and political speech. As the world risks renouncing previous commitments to the freedom of expression, Regardless of Frontiers serves as a timely reminder of just how much is at stake and what needs protecting.