Özet:

At the present time the most serious threat against freedom of expression is the attempts to criminalize of hate speech. A dimension of the threat arises from justification/asserting by a new way consist of rights language and “humanistic” reasons instead traditional censorship the way interference with freedom of expression. It seems that intention is good and language is proper, then it can’t easily identify and decrypt in actual fact the consequence which means a ban on the specific thoughts and opinions that considered to be wrong and harmful. Criminalization of hate speech has some defects both structural and argumentative. The structural defects just allow to make an unclear and ambiguous description of hate speech crime. Argumentative defects show that banning of hate speech actually means to disclaim the fact of difference of human being and to assume as illegitimate some thoughts. It comes the value from that an open and free system gives “also” a place the expression of thoughts and opinions which disturb and annoy someone. However, limitations on freedom of expression become greatly open to arbitrariness and partiality by the attempt to criminalize of hate speech

Anahtar Kelimeler: