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Social Welfare Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Other Law

Brooklyn Law School

Journal

International Covenant on Civil and Political Rights; ICCPR; freedom of expression; speech; discriminationl; hostility; violence; inciting speech; incitement; universal standard; First Amendment; ARTICLE 19; human rights; Article 20(2); Nazi; Charlottesville; UDHR; Universal Declaration of Human Rights; United Nations; ECHR; ECtHR; ILC

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Full-Text Articles in Social Welfare Law

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer Dec 2018

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer

Brooklyn Journal of International Law

The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …