A Dernier Cri from Strasbourg: An Ever Formidable Challenge of Hate Speech

Abstract

This article provides the analysis of three recent decisions of the European Court of Human Rights on the problem of hate speech, pertinent in the context of the danger of terrorism, an infamous (anti)-immigration debate, and an extreme nationalist historical mythology (Soulas & Others v. France, Leroy v. France, Balsytė-Lideikienė v. Lithuania). The author endeavours to answer if the ‘dernier judicial design’ of these decisions is actually posing a risk of a chilling effect (as some scholars have recently argued) or the earlier Strasbourg proportionality is still à la mode.

Keywords: Freedom of Expression, Hate Speech, Migration, Terrorism, Racism