Fighting Hate Speech Through EU Law

Uladzislau Belavusau

VU University Amsterdam - Faculty of Law

February, 14 2012

Amsterdam Law Forum, Vol. 4, No. 1, pp. 20-35, 2012

This article explores the rise of the European ‘First Amendment’ beyond national and Strasbourg law, offering a fresh look into the previously under-theorised issue of hate speech in EU law. Building its argument on (1) the scrutiny of fundamental rights protection, (2) the distinction between commercial and non-commercial speech, and, finally, (3) the looking glass of critical race theory, the paper demonstrates how the judgment of the ECJ in the Feryn case implicitly consolidated legal narratives on hate speech in Europe. In this way, the paper reconstructs the dominant European theory of freedom of expression via rhetorical and victim-centered constitutional analysis, bearing important ethical implications for European integration.

Number of Pages in PDF File: 16

Keywords: freedom of expression, hate speech, EU non-discrimination, Feryn, critical race theory

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Date posted: February 17, 2012  

Suggested Citation

Belavusau, Uladzislau, Fighting Hate Speech Through EU Law (February, 14 2012). Amsterdam Law Forum, Vol. 4, No. 1, pp. 20-35, 2012. Available at SSRN: http://ssrn.com/abstract=2005377

Contact Information

Uladzislau Belavusau (Contact Author)
VU University Amsterdam - Faculty of Law ( email )
De Boelelaan 1105
1081 HV Amsterdam
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