Religious Hatred Laws: Protecting Groups or Belief?
- Eric Barendt
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This article examines the issues raised by recent legislation proscribing incitement to religious hatred. In particular, it examines how far arguments for prohibiting racist hate speech apply also to the prohibition of religious hate speech. It identifies a number of significant differences between race and religion. It also examines several questions raised by the prohibition of religious hate speech, including the meaning and scope of religious identity, why that identity should receive special protection, and whether protection should be directed to religious groups as groups or to their individual members. The central argument of the article is that the distinction between protecting religious groups from vilification and protecting their beliefs and practices from criticism—a distinction on which the British Government placed great emphasis in defending its legislation—is unsustainable. That conclusion is supported by the reasoning of the European Court of Human Rights in cases in which it has upheld the curtailing of freedom of expression for the sake of protecting religion.
- Appignanesi, Lisa (ed.). 2005. Freedom of expression is no offence. London: Penguin.
- Barendt, Eric. 2007. Free speech and religion: secular and religious perspectives on truth. In Censorial sensitivities: free speech and religion in a fundamentalist world, ed. Andras Sajo, 23–40. Utrecht: Eleven International Publishing.
- Dworkin, Ronald. 2009. Foreword. In Extreme speech, democracy, ed. Ivan Hare, and James Weinstein, v–ix. Oxford: Oxford University Press.
- Goodall, Kay. 2007. Incitement to religious hatred: all talk and no substance? Modern Law Review 70(1): 89–113. CrossRef
- Hare, Ivan. 2006. Crosses, crescents and sacred cows. Public Law 2006(3): 521–538.
- Hare, Ivan. 2009. Blasphemy and incitement to religious hatred: free speech dogma and doctrine. In Extreme speech and democracy, ed. Ivan Hare, and James Weinstein, 289–310. Oxford: Oxford University Press.
- Heinze, Eric. 2006. Viewpoint absolutism and hate speech. Modern Law Review 69(4): 543–582. CrossRef
- Ignatieff, Michael. 2005. Respect and the rules of the road. In Freedom of expression is no offence, ed. Lisa Appignanesi, 127–135. London: Penguin.
- Lester, Anthony. 2007. Free speech and religion: the eternal conflict in the age of selective modernization. In Censorial sensitivities: free speech and religion in a fundamentalist world, ed. Andras Sajo, 151–164. Utrecht: Eleven International Publishing.
- Modood, Tariq. 2003. Muslims and the politics of difference. The Political Quarterly 74(1): 100–115. CrossRef
- Post, Robert. 1991. Racist speech, democracy, and the First Amendment. William and Mary Law Review 32(2): 267–327.
- Post, Robert. 2007. Religion and freedom of speech: portraits of Muhammad. In Censorial sensitivities: free speech and religion in a fundamentalist world, ed. A. Sajo, 329–351. Utrecht: Eleven International Publishing.
- Pullman, Philip. 2005. Against Identity. In Freedom of expression is no offence, ed. Lisa Appignanesi, 105–115. London: Penguin.
- Unsworth, Clive. 1995. Blasphemy, cultural divergence, and legal relativism. Modern Law Review 58(5): 658–677. CrossRef
- Religious Hatred Laws: Protecting Groups or Belief?
Volume 17, Issue 1 , pp 41-53
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Incitement to religious hatred
- Hate speech
- Freedom of expression
- Religious groups
- Religious beliefs
- Religious identity
- Eric Barendt (1)
- Author Affiliations
- 1. Faculty of Laws, University College London, Bentham House, Endsleigh Gardens, London, WC1H 0EG, UK