Hate speech

Hate speech is a complex and controversial aspect of expression, with different definitions and acceptance in different parts of the world. It is widely considered speech that attacks ethnicity, religion, gender or gender preference; political preference may or may not be considered within the definition. While much of the Western culture advocates freedom of speech, the United States, for historical and Constitutional reasons, has set a much higher standard for prohibiting speech than other democracies.

For example, Canada, unquestionably a liberal democracy, recognized a difference in the 1990 Keegstra case. Chief Justice Robert Dickson wrote, "crucial to the disposition of this appeal: the relationship between Canadian and American approaches to the constitutional protection of free expression, most notably in the realm of hate propaganda...There is much to be learned from First Amendment jurisprudence." But he concluded that "the international commitment to eradicate hate propaganda and, most importantly, the special role given equality and multiculturalism in the Canadian Constitution necessitate a departure from the view, reasonably prevalent in America at present, that the suppression of hate propaganda is incompatible with the guarantee of free expression."

Various international organizations struggle with the issue of defamation of religion. The Coalition to Defend Free Speech, an affiliate of very disparate U.S. groups, is opposed to a charge of "defamation of religions", introduced to the U.N. High Commissioner on Human Rights by the Organization of the Islamic Conference in 1999. The charge was introduced by Pakistan, entitled "Defamation of Islam".

Historical as well as religious factors play a role in suppression of potentially offensive speech. Germany has strong restrictions about expression of Nazi ideas outside a strictly scholarly context. The German Constitutional Court has upheld Paragraph 4 of Article 130 of the German Penal Code, which provides for imprisonment for anyone who approves of, glorifies or justifies the violent and despotic rule of the National Socialists" in a way that "disturbs the public peace in a manner that violates the dignity of the victims.