Jump to ContentJump to Main Navigation
Extreme Speech and Democracy$
Users without a subscription are not able to see the full content.

Ivan Hare and James Weinstein

Print publication date: 2009

Print ISBN-13: 9780199548781

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199548781.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 19 July 2019

Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary

Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary

Chapter:
(p.237) 13 Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary
Source:
Extreme Speech and Democracy
Author(s):

Peter Molnar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199548781.003.0014

This chapter highlights the relevant jurisprudence of Hungary, a post-Holocaust, post-communist, Central European democracy, and shows that the search for effective law and policy on ‘hate speech’ benefits from a fresh, open look at the best practices wherever they have developed. It provides a short description of the social context in Hungary, the most important elements of which are: the Hungarian freedom struggles in the 19th and 20th centuries which always passionately advocated freedom of speech and freedom of the press; decades of totalitarian censorship; the largest Jewish community remaining in Central Europe after the Holocaust, mostly concentrated in Budapest; antisemitism; and the hatred against Roma Hungarians. It analyses how the Hungarian Constitutional Court and the other courts in Hungary have adopted the ‘clear and present danger test’ of the Supreme Court of the United States. Finally, in light of related Hungarian jurisprudence, the chapter explores what might be the most helpful policy on this issue, the most difficult of all questions of free speech theory.

Keywords:   social context, hate speech, Hungary, freedom of speech, public displays, clear and present danger test

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .