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Dignity as the Ultimate Boundary to the Freedom of Speech: An Account of Jeremy Waldron's “Harm in Hate Speech” Argument
Abstract
Freedom of speech as a prerequisite of free communication, expression, and dissemination of ideas is the most fundamental pillar of any truly democratic society. Though of extreme importance, freedom of speech is not unlimited. Therefore, in the vast majority of national legal orders the legislator as well as the jurisprudence impose limits on the freedom of speech when it reflects racism or hate against the ethnic, sexual, or religious identity of a polity's citizens. These paradigms of negative speech are widely known in the international literature, as forms of “hate speech.” The chapter offers an account of this dialogue while it adopts a principal argument in favor of imposing limits in cases of “hate speech”: the harm that hate speech may cause to human dignity. This argument has been illustrated in the book of Jeremy Waldron, The Harm in Hate Speech (Harvard University Press, 2012).
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