TIME: Denmark and Sweden’s Commitment to Free Speech Is Wilting in the Face of Quran Burnings

In TIME, Jacob Mchangama explains how Denmark and Sweden’s plans to criminalize Quran burnings forebode a future in which democratic states willingly yield their fundamental principles to religious dogmatism. “On the one hand, there are good reasons to be critical of book burnings. It is a poor substitute for reasoned debate and will forever be […]

Unherd: Sweden and Denmark bow to pressure over Quran book burnings

In 1766, Sweden enacted its landmark Press Freedom Act, becoming the first country in the world to implement such protections. In 1770, Denmark outpaced this achievement by formally abolishing all forms of censorship. Despite intermittent setbacks, these pioneering acts cultivated a vibrant culture of free expression. The Scandinavian countries evolved into global symbols of democracy, freedom, […]

Time: How to Kill Online Free Speech

BY JACOB MCHANGAMA AND JEFF KOSSEFF According to a new landmark decision by the European Court of Human Rights (ECHR), freedom of expression does not immunize public officials from criminal liability if they fail to promptly remove manifestly illegal content (such as “hate speech”) posted on their accounts by followers. The recent decision reveals the censorial route that Europe’s judiciary […]

Opnio Juris: Hate Speech by Proxy – Sanchez v France and the Dwindling Protection of Freedom of Expression

The Future of Free Speechs Natalie Alkiviadou in Opinio Juris The case of Sanchez v France is seen as a worrying development in the context of freedom of expression, as it involves the criminal conviction of an individual for failing to delete comments made by others on his Facebook post that incited hatred or violence […]

The Daily Beast: The First Amendment Is the Greatest Defense for the Powerless and Marginalized

By Jacob Mchangama and Nadine Strossen The article argues that the First Amendment of the United States Constitution, which protects freedom of speech and freedom of the press, has historically been most important for marginalized and powerless groups in society. The author notes that wealthy and powerful individuals and institutions have always had the means […]

AEI: In Search of Principles to Govern Free Speech, Hate Speech, and Web Censorship

The article discusses the challenges of governing free speech, hate speech, and web censorship in the age of the internet, and cites the views  Jacob Mchangama. Mchangama’s proposals for balancing the need to protect free expression with the harms caused by hate speech and misinformation are highlighted, and the article suggests that his principles could […]

Reason: Privileging Blasphemy Norms Over Open Inquiry Plays Into the Hands of Religious Fundamentalists

Hamline University has received considerable backlash for not renewing the employment of a scholar who showed an allegedly “Islamophobic” image of the Prophet Muhammad during an art history class. The university did so, even though the adjunct professor gave ample warnings before and during the class that the image would be shown. According to an […]

Los Angeles Times: Don’t be too tempted by Europe’s plan to fix social media

By Jacob Mchangama For many Americans, social media has become a monster. Platforms like Twitter, Facebook and YouTube are seen as festering hotbeds of hate and misinformation that threaten the very foundations of American democracy and civility. Calls for regulation have intensified, with some prominent voices looking across the pond for a model to regulate […]

StrasbourgObserver: A joke-telling lawyer: The case of Simic v. Bosnia and Herzegovina

Introduction In May this year, the Fourth Section of the European Court of Human Rights (ECtHR) held unanimously that holding a lawyer in contempt of court for a ‘caustic’ and ‘sarcastic’ comments amounted to a violation of his Article 10 of the European Convention on Human Rights (ECHR) right to freedom of expression. Facts In […]

Persuasion: Banning Hate Speech Won’t End Extremist Violence

The shooting in Buffalo last month was but the latest example of terrorist attacks becoming a lethal outlet for white supremacist grievances. What connects much of this violent right-wing extremism is that the perpetrators are radicalized or share their ideas—sometimes even stream their terrorist attacks—online. In fact, several terrorists have explicitly cited other terrorists as inspiration for their deadly deeds in […]