By Jacob Mchangama
Abstract
In Western democracies, hate speech laws are frequently identified with the post-World War II order as enshrined in both national and international human rights law. Typically, such laws aim to prevent atrocities, as witnessed during the war, by protecting the equality and dignity of minorities from dehumanization and bigotry. Yet the origin and roots of laws against hate speech run deeper than the ethos of ‘never again.’ Various forms of laws against hate speech, broadly defined, can at least be traced back to Pope Gregory IX´s decree from 1231, which affirmed that heretics were to incur ‘The Debt of Hatred.’ Moreover, from the early modern era and throughout the 20th century, various forms and guises of hate speech laws were adopted to protect a variety of interests such as government power, religious doctrines (against blasphemy), political parties and the established social order, as well as vulnerable groups and minorities. This chapter will trace the history of hate speech laws and explore some differences and similarities between such laws, ancient and new.
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Jacob Mchangama is the Founder and Executive Director of The Future of Free Speech. He is also a research professor at Vanderbilt University and a Senior Fellow at The Foundation for Individual Rights and Expression (FIRE).