Discrimination, freedom of expression and two concepts of liberty: Assessing European legislation criminalizing hate speech

Abstract

Hate speech has been linked to categorization, stereotyping and discrimination challenges. Moreover, it presents an intersection of criminal law, criminology, philosophy of law and psychology. The authors analyse discrimination and freedom of expression in the legal framework of the European Union and in the practice of the European Court of Human Rights. They apply Berlin's two concepts of liberty, namely positive and negative liberty, to research the nature of European jurisprudence and the selected legislative frameworks. The choice between conceptions of essential moral and political values, such as positive and negative liberty, has an enduring meaning. It is a part of the human being and our thoughts and feelings about our identity. Such a choice may be why questions about the most appropriate regulation of the crime under consideration have a special place in the public discourse.