Freedom of Speech and Racism
David Kretzmer · bepress Legal Repository · 2015
This paper concerns the boundaries of freedom of expression. The question has been a bone of contention in the liberal democracies since World War II. In the United States the Ku Klux Klan, the American Nazi Party, and other racist groups have exploited their first amendment freedom to espouse racist doctrines; in Britain, the National Front and similar groups have conducted vicious campaigns against blacks, Asians, and other minorities; in Israel, the Jewish Defense League and other groups continue to propagate anti-Arab views; in some European countries, the neo-Nazis flourish. Is there a case for limiting the freedom of such groups to disseminate racist propaganda? Or must we accept the view of the American court which, in upholding the right of Nazis to march in a community with a large Jewish population, stated that the asserted falseness of Nazi dogma, and, indeed, its general repudiation, simply do not justify its suppression?