The Misrule of Law? ‘Terrorist speech’, Human Rights and the Legal Construction of Risk

Hamilton, Michael (2015) The Misrule of Law? ‘Terrorist speech’, Human Rights and the Legal Construction of Risk. In: Terrorism and the Rule of Law. HVG-ORAC Books, Budapest, pp. 151-171.

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Abstract

Freedom of expression is the obvious, but not the only casualty of laws against so-called ‘terrorist speech’. Borrowing from Dworkin’s analysis of laws criminalizing hate-speech, it can be argued that the rule of law itself is undermined when it imposes liability for speech which ‘glorifies’ terrorism – speech that falls far short of advocacy of imminent violent action. Formalistic understandings of the rule of law are prone to co-opt human rights (in part, because of the state centricity of rights-based obligations), and thus yield a shortfall in speech protection in the face of perceived ‘terrorist’ threats. Yet, the rule of law conceived differently – retaining as a central element an ideal of democratic participation and self-governance – exerts a stronger pull against such precautionary restrictions on freedom of speech.

Item Type: Book Section
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Michael Hamilton
Date Deposited: 28 Feb 2013 11:07
Last Modified: 22 Apr 2020 09:44
URI: https://ueaeprints.uea.ac.uk/id/eprint/41755
DOI:

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