Hate Crimes and Freedom of Speech

Abstract

Aggression is an essential element in human nature. Rather, it is an innate human instinct that plays a prominent role in the struggle for survival, competition for permanence, affirmation of existence, self-protection and control. Because diversity and difference between human beings is a universal law, this difference may lead to the emergence of a kind of intolerance or persecution against certain individuals or groups, and it may even reach the point of hatred, fanaticism and the desire to harm and revenge. And because the protection of human rights and freedoms is the focus of concern for those concerned with humanitarian and legal work, the search for ways to protect these rights from conflicts, hostilities and violations motivated by hate will continue to be sought. Especially since the manifestation of this aggression appear in different forms stemming from hatred, the concept of which varies according to politics and cultures.

Perhaps one of the most important of these problems addressed by our paper is how to strike a balance between the right to protection from the effects of hatred and the right to freedom of expression, especially since the relationship between the two rights is an inverse relationship, the more one expands, the narrower the scope of the other, which requires setting separate boundaries between them to preserve the desired interests achieved by each of them.