Essay: The EU has a new plan to regulate hate speech from Brussels, but history shows that such efforts often do more harm than good
Shortly before Christmas, the European Commission—the EU’s executive arm—announced a plan with dangerous implications for free speech in Europe. Citing a “tsunami of hate and xenophobia” targeting ethnic and religious minorities, LGBT+ people, the disabled and women, the commission proposed making hate speech a crime under EU law, giving Brussels the power to define hate speech throughout the 27 member states.
In the U.S., free speech is constitutionally protected except in narrow circumstances, such as direct incitement to imminent lawless action. The European Court of Human Rights , whose judgments are binding on all 47 member states of the Council of Europe, has taken a much less protective view, holding that governments may “sanction or even prevent all forms of expression which spread, incite, promote or justify hatred.
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