Freedom of Expression V. Hate Speech: an Illustration of the Dilemma Through an In-depth Analysis of Judicial Approaches in England and France

This study considers the dilemma between freedom of ecpression and hate speech. It looks at the difficulties faced by the courts in striking a fair balance between freedom of expression and freedom from discrimination on grounds of race and religion. The study employs a comparative case study of two high profile court decisions in order to illustrate the judicial approach to the dilemma in England and France. The study defends the hypothesis that due to the special nature of the two human rights in conflict, it is extremely difficult to achieve a fair balance between the two and break down the perpetual conflict of values. It warns against the dangers of relying solely on a legal approach to the dilemma and explores alternatives such a promoting education as a tool to combat ignorance and build tolerance.