Friday, January 7, 2022
David Kaye (University of California, Irvine School of Law) has posted The Troubled World of Hate Speech Regulation (Journal of Human Rights, 2022, forthcoming) on SSRN. Here is the abstract:
Three recent books enter the international debate over hate speech and human rights law, from a high-altitude affirmation of the underlying principles of freedom of expression and the contemporary headwinds it faces, to a specific evaluation in democratic transitions, to a legal and empirical assessment of how the speech crime of incitement to genocide has been muddled by international criminal tribunals. The work reviewed highlights the general confusion around the regulation of hate speech not just in the context of how values in speech and non-discrimination relate to one another in democratic societies. The confusion exists in the context of international criminal law as well. The essay also makes the case for growing commonality of norms in the international law governing civil and political rights and the elimination of all forms of racial discrimination.