Contours Of Controversy: Analyzing Hate Speech Within The Framework Of Free Speech

Abstract

The line between ‘freedom of expression’ and ‘hateful speech’ is confusing; it is easy to lose sight of when and where we should draw it. The former is an absolute necessity for a true democracy, and the latter is just the opposite, a hindrance. The author explores this deference using relevant case laws and conventions in this paper. ‘Freedom of speech’ is the essence of a democratic society, and limitations are subject to scrutiny.  When ‘hateful speech’ breaks the legislation prohibiting the spread of hatred and/or the instigation of action, it no longer qualifies as ‘freedom of speech’.  The laws governing ‘hateful speech’ have proven difficult to follow in modern times, as with increased connectivity, there are new means of expressing yourself every day.  This paper examines the idea of ‘hateful speech’ in its entirety, how it differs from ‘freedom of speech and expression,’ and how the country has been harmed by the proliferation of ‘hateful speech’.