Extrémy slobody prejavu a úloha právnej regulácie
The Extremes of Freedom of Speech and the Role of Legal Regulation

Summary/Abstract: The new means of communication and dissemination of ideas have broadened the space for expression of opinions, including those interfering with human dignity. The reactions on this phenomenon are often of legal nature, enabling to sanction the originators of “hate speech”. The Slovak Republic, where in 2016 for the first time in its post-communist history a party with a demonstrable aim of overthrowing the democratic regime passed the threshold for the legislative assembly, is not an exception. This conceptual analysis shows how the reactions, including the “anti-extremist” amendment of the Criminal Code from October 2016, fall under the concept of “militant democracy”. Firstly, it introduces this concept as one of the possible reactions (not only) to extreme speech, while focusing on the role of law as protector of democracy according to this approach. Then, it captures some of the risks entailed in this approach, based on which it presents an alternative approach, that understands law as the facilitator of freedom. In conclusion, it is explained how the second approach, which subjects only speech inciting to violence to legal regulation, while opening the room for non-legal measures, prevents the negative unintended consequences of the former, “militant democratic” approach.

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