Freedom of Expression: J.S. Mill versus Jeremy Waldron
DOI:
https://doi.org/10.18662/upalaw/104Keywords:
freedom of expression, the harm principle, Holocaust denialism, utilitarianismAbstract
The first section will give an overview of case that Udo Pastörs brought to the European Court of Human Rights (EC(t)HR) case and the decision that was made.
This will be followed up with Mill’s theory and what he would have most likely concluded on the topic, followed by Waldron’s perspective.
This article argues that Mill would have agreed with Pastörs and would not have chosen to limit his freedom of speech, while Waldron would have agreed with the court, limiting Pastörs’ freedom.
References
European Convention on Human Rights. (2010). Strasbourg: Council Of Europe. European Convention on Human Rights. https://www.echr.coe.int/Documents/Convention_ENG.pdf
European Court of Human Rights. (2019). Pastörs v. Germany, no. 55225/14 EC(t)HR. European Court of Human Rights https://hudoc.echr.coe.int/fre#{%22documentcollectionid2%22:[%22GRANDCHAMBER%22,%22CHAMBER%22],%22itemid%22:[%22001-196148%22]}
Mill, J. S. (2019). On Liberty (excerpts). In R. Pierik, (ed.), Law, Justice and Morality 1 Reader. (pp. 95-109). University of Amsterdam.
Waldron, J. (2012). The Harm in Hate Speech. (pp. 77-89). Harvard University Press.
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