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Extreme Speech and Democracy$
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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

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Extreme Speech Under International and Regional Human Rights Standards

Extreme Speech Under International and Regional Human Rights Standards

(p.62) 3 Extreme Speech Under International and Regional Human Rights Standards
Extreme Speech and Democracy

Ivan Hare

Oxford University Press

This chapter places international and regional human rights instruments in their historical context before analysing the specific provisions or decisions which apply them to extreme speech. It concludes that these instruments provide weak protection for extreme speech because many of the instruments have their origins in the attempt to prevent fascism from rising again and because they are interpreted as part of the international campaign against discrimination. The chapter advocates the development of a more robust domestic defence of free speech based on the comparative example provided by the doctrine of the U.S. Supreme Court rather than on international norms.

Keywords:   free speech, extreme speech, international law, anti-discrimination, U.S. free speech doctrine

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