Hate Speech And Democratic Citizenship

An astute challenge to dominant free speech theories, this book critiques US, European, and international rules on hate speech. In a highly original argument, the author identifies individual expression as more than just an individual right. He revisits the central role of public discourse as the crucial pillar of modern democracy.

The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.

The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes "hate speech" is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.

A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others. What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a “right” makes no sense. Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present.

The work of the Council of Europe for democracy is strongly based on education: education in schools, and education as a lifelong learning process of practising democracy, such as in non-formal learning activities. Human rights education and education for democratic citizenship form an integral part of what we have to secure to make democracy sustainable. Hate speech is one of the most worrying forms of racism and discrimination prevailing across Europe and amplified by the Internet and social media. Hate speech online is the visible tip of the iceberg of intolerance and ethnocentrism. Young people are directly concerned as agents and victims of online abuse of human rights; Europe needs young people to care and look after human rights, the life insurance for democracy. Bookmarks is published to support the No Hate Speech Movement youth campaign of the Council of Europe for human rights online. Bookmarks is useful for educators wanting to address hate speech online from a human rights perspective, both inside and outside the formal education system. The manual is designed for working with learners aged 13 to 18 but the activities can be adapted to other age ranges.

Supporting children and young people to participate safely, effectively, critically and responsibly in a world filled with social media and digital technologies is a priority for educators the world over. Most young people in Europe today were born and have grown up in the digital era. Education authorities have the duty to ensure that these digital citizens are fully aware of the norms of appropriate behaviour when using constantly evolving technology and participating in digital life. Despite worldwide efforts to address such issues, there is a clear need for education authorities to take the lead on digital citizenship education and integrate it into school curricula. In 2016, the Education Department of the Council of Europe began work to develop new policy orientations and strategies to help educators face these new challenges and to empower young people by helping them to acquire the competences they need to participate actively and responsibly in digital society. This volume, the first in a Digital Citizenship Education series, reviews the existing academic and policy literature on digital citizenship education, highlighting definitions, actors and stakeholders, competence frameworks, practices, emerging trends and challenges. The inclusion of a wide selection of sources is intended to ensure sufficient coverage of what is an emergent topic that has yet to gain a strong foothold in either education or academic literature, but has received wider policy attention.

Beyond Empathy and Inclusion examines how to achieve democratic rule in large pluralistic societies where citizens are deeply divided. Scudder argues that listening is key; in a democracy, citizens do not have to agree with their political opponents, but they do have to listen to them. Being heard is what ensures we have a say in the laws to which we are held. While listening is admittedly difficult, this book investigates how to motivate citizens to listenseriously, attentively, and humbly, even to those with whom they disagree.

Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.