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Vol 21 No 11 Nov/Dec 2016

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Freedom of Speech Under Attack

Edited by: Afshin Ellian, Gelijn Molier

ISBN13: 9789462900271
Published: June 2015
Publisher: Eleven International Publishing
Country of Publication: Netherlands
Format: Paperback
Price: £36.00



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This book is a 'follow-up' of a book that appeared in 2011, in Dutch. That year saw the trial of Geert Wilders, parliamentarian and party leader of one of the largest political parties in The Netherlands.

Central questions were: Should a parliamentarian be allowed more freedom of expression than an 'ordinary citizen'?; How should 'group insult' and 'incitement to hatred and discrimination' be interpreted?; What is the significance of the European Convention on Human Rights for freedom of speech? Is there a tension between freedom of speech de iure and de facto?

These questions have lost none of their importance and topicality, especially not since the terrorist attack on Charlie Hebdo. The Wilders case is merely a symptom of a larger development at the European level: The rise of nationalistic and populist politicians who willingly confront the limits of freedom of speech in the discussion about the immigration and integration of aliens and refugees.

At the same time, radicalized Muslims increasingly make use of modern media to glorify Jihad and other acts of violence. These developments necessitate a closer reflection of freedom of speech. In addition, the theoretical aspects of the relation between freedom of speech and democracy are given ample attention.

Subjects:
Human Rights and Civil Liberties
Contents:
1. The Various Aspects of Freedom of Speech
Part I The National Dimension of Freedom of Speech
2. The Curious History of Group Discrimination in the Netherlands
3. An Indefinable Hatred - Some Comparative Law Remarks about the Dutch Criminal Offence of Incitement to Hatred
4. Freedom of Speech: 'It's Politics all the Way Down'
5. Extension of Parliamentary Immunity
6. Free Speech: A Look Back and a Look Ahead
Part II The International Dimension of Freedom of Speech
7. Changing Course by Stealth - How the European Court of Human Rights has been moving the Goalposts in the Area of Political Free Speech
8. Hate Speech in the Case Law of the European Court of Human Rights - Good Intentions make Bad Law?
9. Extreme Speech in a Religious Context - A Legal Theoretical Perspective on the Case Law of the European Court of Human Rights
10. Restricting Free Speech in Times of Terror: An ECHR Perspective
11. The Civilizational Limitation of Freedom of Speech
Part III The Legal-Philosophical Dimension of Freedom of Speech
12. Exploring the Limits of Freedom: Heresy in a Free Society
13. Making the World Safe for Democracy - Freedom of Speech and Modern Democracy
14. Deliberation can be Rough - Explaining the Democratic Importance of Free Speech
15. The New Censorship - A Case Study of the Extrajudicial Restraints on Free Speech.