Journal of Free Speech Law: "Positive Obligations, Hate Speech, and the Reconfiguration of Free Expression at the European Court of Human Rights," by Natalie Alkiviadou

This paper examines how the European Court of Human Rights' (ECt­HR or Court) hate speech jurisprudence has been structurally reoriented by the Court's response to an increasing number of applications brought by victims of hate speech.

Whereas earlier case law predominantly assessed hate speech under Article 10 of the European Convention on Human Rights, focusing on the permissibility of restrictions on expression, recent victim-initiated claims have directed the ECtHR's analysis towards Articles 8 and 14 and thus towards the question of State responsibility for pro­tec­tion against harm caused by third-party speech.

Through a reading of the ECtHR's case law, this paper shows how the Court's response to this applicant-driven expansion has recalibrated the balance between dignity, equality, and freedom of expression.

The paper argues that the resulting framework risks limiting the doctrinal safeguards traditionally associated with Article 10 analysis.

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