Bans on or Protection of Hate Speech? Some Observations Based on German and American Law
Winfried Brugger · Tulane European and Civil Law Forum · 2019
The way legal systems should deal with hate speech has been the subject of much debate, but this should come as no surprise.Liberal states generally value the protection of speech in the abstract, but in practice it is usually only offensive or repulsive speech that is in need of that protection.Hate speech is one such form of repugnant speech.The view that offensive speech merits protection is illustrated in the works of Voltaire, a prominent representative of the French Enlightenment, whose philosophy was, "I disapprove of what you say, but I will defend to the death your right to say it." 1 The opposite view is that the content of hate