Fighting Hate Speech Through EU Law
University of Amsterdam
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
Date posted: February 17, 2012