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1 UCL Hum. Rts. Rev. 103 (2008)
Are Laws Proscribing Incitement to Religious Hatred Compatible with Freedom of Speech?

handle is hein.journals/uncolhurire1 and id is 104 raw text is: Are Laws Proscribing Incitement to Religious Hatred Compatible with Freedom of Speech? DAVID NORRIS * Freedom of expression and religion are rightly viewed as two fundamental cornerstones of any modern liberal democracy. Both represent vital components in the realisation of personal autonomy, provide an important basis for the determination of political structures and may ultimately advance the Millian truth principle. Yet despite these shared utilities an undoubted tension exists between the individual's expressive capacity to disparage and denigrate the views of others and the right of religious communities to manifest their beliefs. In an era where societies attempt to embrace multiculturalism the conflict between these two values is of particular resonance. It is with this tension in mind that this essay will seek to analyse whether an incitement to religious hatred law can ever be reconciled with the effective protection of free expression. In answering this question, an examination of the guiding rationale justifying the need for an incitement to religious hatred law will first be examined. Focus will then turn to whether such laws can in theory be specifically tailored to ensure that free speech values are not unduly sacrificed. Finally attention will centre on the practical safeguards required to ensure an incitement law strikes the appropriate balance between religious and expressive freedoms. The Justification for Religious Hate Speech Restrictions At its extremes, hate speech represents a particularly malicious form of expression that causes direct psychological harm to its victims and incites others to commit acts of violence against the targeted group.' The free dissemination of ideas representing certain communities as inferior creates a social climate that is conducive to the spread of xenophobia and racism.2 This can strip marginalised individuals of a sense of self-esteem and undermine their ability to fully participate in a society where progress is impeded by derogatory stereotypes and discrimination.3 An entrenchment * David Patrick Norris wrote this article whilst reading for a Masters in Public Law and Human Rights at UCL. ST M. Massaro, 'Equality and Freedom of Expression: the Hate Speech Dilemma' (1991) 32 W & May L Rev 211, 221. 2 A Tsesis, 'The Empirical Shortcomings of First Amendment Jurisprudence: A Historical Perspective on the Power of Hate Speech' (2000) 40 Santa Clara L Rev 729, 740. 3 L Sumner, Hate Propaganda and Charter Rights in W Waluchow (ed), Free Expression: Essays in Philosophy and Law (Clarendon Press Oxford 1994) 153-154.

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