Iscflul.9.2.03

https://doi.org/10.22364/iscflul.9.2.03 | 33-41 | PDF

Kristine Dupate, Dr. iur., Associate Professor
University of Latvia, Faculty of Law, Latvia

Freedom of Expression versus Hate Speech: Limits and Their Changeability

Key words: freedom of expression, hate speech, context, changeability

Summary
The main issue discussed in the present article is, as follows: whether the freedom of expression may be restricted, and whether it has actually been restricted in order to avoid hate speech in the situation of threat? The answer to this question is both ‘yes’ and ‘no’. ‘No’, because the criteria for distinction between freedom of expression and hate speech remains unchanged, and ‘yes’, because, firstly, the criterion of ‘the context’ becomes more ‘intense’ and ‘sensitive’, and, secondly, the ‘intensity’ and ‘sensitivity’ of the context may be reflected in national legal regulation by recognizing additional situations as hate speech. Meanwhile, ‘the context’ is always changing, therefore the borders between the freedom of expression and hate speech likewise vary perpetually.

The current paper has been published in the second collection of research papers in conjunction with the 9^th International Scientific Conference of the Faculty of Law of the University of Latvia “Revisiting the Limits of Freedom While Living Under Threat. II”, 9–10 November 2023. Riga: University of Latvia Press, 2024. 232 pages.