FACTORS OF DIFFERENTIATION BETWEEN EXTREME SPEECH AND LEGITIMATE EXPRESSION IN COMPARATIVE CASE-LAW
FACTORS OF DIFFERENTIATION BETWEEN EXTREME SPEECH AND LEGITIMATE EXPRESSION IN COMPARATIVE CASE-LAW

Summary/Abstract: The article focuses on the factors which national and international courts take into consideration when making distinction between extreme speech and legitimate expression. It is often difficult to draw the line between these expressions. There are no general rules which can be automatically applied in such cases. However, certain factors, which can serve as guiding principles for courts, have been developed in the jurisprudence: the context of extreme speech, its content, the speaker’s intent, the position of the speaker and audience, the scope and outreach of extreme speech, and the likelihood of resulting harm. The article explores the application of these factors in particular cases, mostly the ECtHR cases as this court has the most developed case-law on this matter. The authors give their critical opinion on certain decisions and, finally, evaluate the real significance of these factors.

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