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Extreme Speech and Democracy
Hare, Ivan Barrister, Blackstone Chambers
Weinstein, James Amelia D. Lewis Professor of Constitutional Law, Sandra Day O'Connor College of Law, Arizona State University
Print publication date: 2009 (this edition)
Published to Oxford Scholarship Online: May 2009
Print ISBN-13: 978-0-19-954878-1




5 Hate Speech in the United Kingdom: An Historical Overview
doi:10.1093/acprof:oso/9780199548781.003.0006

Sir David Williams QC
Abstract: This chapter aims to outline briefly the emergence of statutory offences of incitement against the background of sedition and blasphemy at common law. The emphasis is on the law of England and Wales and, in particular, on the emergence of the offences of incitement to racial hatred and of incitement to religious hatred. There is reference also to issues of freedom of speech.

Keywords: sedition, blasphemy, incitement, free speech, statutory offences,

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Contents
 
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Full Book Contents
Preface
General Introduction: Free Speech, Democracy, and the Suppression of Extreme Speech Past and Present
Part I Introduction and Background
1 Freedom of Speech in a Globalized World
2 Extreme Speech, Public Order, and Democracy: Lessons from The Masses
3 Extreme Speech Under International and Regional Human Rights Standards
4 An Overview of American Free Speech Doctrine and its Application to Extreme Speech
5 Hate Speech in the United Kingdom: An Historical Overview
6 Extreme Speech and Liberalism
Part II Hate Speech
7 Hate Speech
8 Autonomy and Hate Speech
9 Hate Speech, Public Discourse, and the First Amendment
10 Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech
11 Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis
12 Hate Speech, Extreme Speech, and Collective Defamation in French Law
13 Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary
14 Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and Obesity
Part III Incitement to Religious Hatred and Related Topics
15 Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine
16 The Danish Cartoons, Offensive Expression, and Democratic Legitimacy
17 Criminalizing Religiously Offensive Satire: Free Speech, Human Dignity, and Comparative Law
Part IV Religious Speech and Expressive Conduct that Offend Secular Values
18 Religious Speech that Undermines Gender Equality
19 Homophobic Speech, Equality Denial, and Religious Expression
20 Extreme Religious Dress: Perspectives on Veiling Controversies
21 Endorsing Discrimination Between Faiths: A Case of Extreme Speech?
Part V INCITEMENT TO, AND GLORIFICATION OF, TERRORISM
22 Incitement to, and Glorification of, Terrorism
23 The Terrorism Act 2006: Discouraging Terrorism
24 Radical Religious Speech: The Ingredients of a Binary World View
Part VI Holocaust Denial
25 ‘On the Internet, Nobody Knows You're a Nazi’: Some Comparative Legal Aspects of Holocaust Denial on the WWW
26 Expanding Holocaust Denial and Legislation Against It
27 The Holocaust Denial Decision of the Federal Constitutional Court of Germany
28 The Politics of Memory: Bans and Commemorations
Part VII Governmental and Self-Regulation of the Media
29 Shouting Fire From the Nanny State to Heckler's Veto: the New Censorship and How to Counter It
30 Extreme Speech and American Press Freedoms
31 Extreme Speech and the Democratic Functions of the Mass Media
Index
 
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