From Dignity to Equal Respect: Freedom of Expression and Criminal Law Limitations
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Abstract
Which kind of interests could justify a limitation of freedom of expression? A simple reference to human dignity seems to be problematic. The normative theory of equal respect might instead be a more suitable theoretical basis for a reflection on this theme. Hate speech might certainly be seen as breaching equal respect. Nevertheless, laws and regulations aimed at limiting hate speech are problematic in a liberal society: the positive symbolic message of precepts must be accompanied by a strongly selective application, guided by principles of «practical reasonableness».
Keywords
- Freedom of Expression
- Dignity
- Equal Respect
- Hate Speech