RESTRICTIONS ON FREEDOM OF EXPRESSION: THE LIBERAL AND THE COMMUNITARIAN CONCEPT
Ivana Ilić, Tamara Stanojević · 2016
The authors of this paper analyze the practice of the European Court of Human Rights and the US Supreme Court in cases relating to restrictions on freedom of expression, with special emphasis on hate speech which is perceived as negation of freedom of expression. Starting from the differences between the liberal and the communitarian concept of freedom of expression, the authors conclude that the legal standards developed in the US Supreme Court case-law reflect a much broader scope of rights pertaining to freedom of expression, and particularly in terms of counteracting hate speech, than the legal standards established in the case-law of the European Court of Human Rights.