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16 Tulsa J. Comp. & Int'l L. 1 (2008-2009)
Freedom of Expression and Hate Speech

handle is hein.journals/tulcint16 and id is 3 raw text is: 











         FREEDOM OF EXPRESSION AND HATE SPEECH

                             Onder Bakircioglu*

 Sir, I do not share your views, but I would risk my life for your right to express them.
                                                             - Voltaire

                               I. INTRODUCTION

     Not very long ago, it was believed that the sun rotated around the earth, that
unicorns existed, toads were poisonous, and that there could be no men living in
the antipodes as it was believed they would fall off. Not until the 16th Century
was the efficacy of witchcraft questioned, and those who dared to question this
superstition were burned at the stake.2 Similarly, the legitimacy of servitude was
not questioned for many centuries. All these absolute doctrines are discarded
and new truths have replaced the old ones. No doubt, some of today's truths will
share the same fate one day.
     Moreover, some scholars who are now universally acknowledged to be
remarkably virtuous were condemned or dishonoured in their own time.
Socrates, for instance, was condemned to drink the hemlock because of his
unorthodox views. Giordano Bruno was burnt alive by the Inquisition. Servetus
Michael was branded as a heretic and executed by Calvinists.3        In short,
throughout history, those who held untraditional views were despised and
silenced. This, to a certain extent, holds true even today, although the methods of



* Onder Bakircioglu, lecturer in law, Queen's University Belfast. I would like to express my
gratitude to Professor Kevin Boyle, Professor Caroline Fennell, Olufemi Amao and Joanna
Heffernan for their constructive criticism and suggestions.
    1. Francious Marie Arouet, Voltaire, 1694-1778 (quotation attributed to Voltaire although not
found in any of his writings).
   2. BERTRAND RUSSELL, UNDERSTANDING HISTORY: AND OTHER ESSAYS 61-62 (Philosophical
Library 1957).
   3. ld at 66; see Ben Clarke, Freedom of Speech and Criticism of Religion: What are the
Limits, 14 MURDOCH U. ELEC. L.J. 94, 95-98 (2007).