| Foreword |
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xiv | |
| Acknowledgments |
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xvi | |
| Abbreviations |
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xvii | |
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1 | (6) |
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PART I Theoretical framework |
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7 | (78) |
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7 | (2) |
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2 Hate speech regulation in democracy |
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9 | (37) |
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9 | (1) |
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2 Democracy and fundamental rights: Liberty, equality and human dignity |
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10 | (8) |
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2.1 On liberty and on equality in constitutional democracy |
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12 | (2) |
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2.2 On human dignity in constitutional democracy |
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14 | (4) |
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3 Militant versus liberal democracy |
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18 | (5) |
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4 Loewenstein's study on militant democracy in Czechoslovakia 1918-1939 |
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23 | (1) |
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5 Militant democracy and hate speech regulation |
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24 | (2) |
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6 The harm principle in regulation of hate speech |
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26 | (2) |
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7 Definitions of hate speech |
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28 | (3) |
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8 Three-prong theory of hate speech |
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31 | (11) |
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8.1 First model: Hate speech as incitement to violence |
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33 | (2) |
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8.2 Second model: Hate speech as incitement to discrimination |
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35 | (3) |
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8.3 Third model: Hate speech as incitement to hatred |
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38 | (3) |
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8.4 Settling the importance of three models of hate speech |
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41 | (1) |
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9 Expressions of hatred: Hate speech versus hate crime |
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42 | (3) |
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45 | (1) |
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3 Historical, political and constitutional context of the Czech and Slovak Republics |
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46 | (39) |
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46 | (1) |
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46 | (4) |
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3 Communist human rights experience |
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50 | (14) |
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3.1 Reporting to international human rights bodies under communism |
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51 | (10) |
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3.2 Understanding ofpublic goods and harm prevention under communism |
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61 | (3) |
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4 Post-communist rule of law |
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64 | (4) |
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5 Velvet divorce and liberal nationalism |
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68 | (8) |
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5.1 Slovak illiberal nationalism |
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72 | (2) |
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5.2 Czech civic liberalism |
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74 | (2) |
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6 Post-communist protection of minorities against extremism |
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76 | (6) |
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6.1 Post-communist democracy and extremism |
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77 | (2) |
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6.2 Extremism, defamation and protection of minorities |
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79 | (3) |
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82 | (1) |
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83 | (2) |
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PART II International responses to the regulation of hate speech |
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85 | (112) |
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85 | (2) |
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4 The United Nations' treaty response to hate speech regulation |
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87 | (44) |
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87 | (1) |
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2 Conference on freedom of information: Incitement to violence priority |
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88 | (1) |
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3 Convention on the prevention and punishment of the crime of genocide |
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89 | (6) |
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3.1 Incitement to genocide and incitement to violence |
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90 | (1) |
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3.2 Incitement to genocide and hate speech |
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91 | (4) |
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4 The Universal Declaration on Human Rights |
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95 | (2) |
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5 The International Convention on the Elimination of Racial Discrimination |
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97 | (17) |
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5.1 Scope of Article 4ICERD |
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98 | (1) |
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5.1.1 Obligations to punish offenses under Article 4 ICERD |
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99 | (2) |
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5.1.2 The'due regard'clause |
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101 | (1) |
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5.2 Concluding observations on hate speech |
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102 | (1) |
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5.3 Individual communications on hate speech |
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103 | (1) |
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5.3.1 Racial hate speech inciting violence |
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104 | (2) |
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5.3.2 Racial hate speech inciting discrimination |
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106 | (3) |
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5.3.3 Racial hate speech inciting to hatred |
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109 | (4) |
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5.4 Conclusion on racial hate speech |
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113 | (1) |
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6 The International Covenant on Civil and Political Rights |
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114 | (15) |
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6.1 Scope of ICCPR's Articles 19 and 20 |
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114 | (3) |
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6.2 Obligations under ICCPR Articles 19.3 and 20 |
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117 | (3) |
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6.3 Concluding observation on freedom of expression and hate speech |
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120 | (1) |
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6.4 Individual communications on freedom of expression and hate speech |
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121 | (1) |
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6.4.1 Hate speech: Protection of rights of others |
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122 | (3) |
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6.4.2 Hate speech: Advocacy of racial hatred that incites discrimination |
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125 | (3) |
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6.5 Conclusion on hate speech |
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128 | (1) |
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129 | (2) |
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5 European responses to hate speech regulation |
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131 | (34) |
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131 | (1) |
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132 | (20) |
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2.1 The European Convention on Human Rights |
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132 | (4) |
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2.1.1 Hate speech as incitement to violence |
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136 | (4) |
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2.1.2 Hate speech as incitement to discrimination |
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140 | (4) |
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2.1.3 Hate speech as incitement to hatred |
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144 | (5) |
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2.2 Additional protocol to the convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems |
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149 | (3) |
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152 | (7) |
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4 The European model of militant democracy |
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159 | (4) |
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163 | (2) |
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6 International soft law and hate speech regulation |
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165 | (32) |
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165 | (1) |
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2 Initiatives of the United Nations |
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165 | (13) |
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2.1 Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression |
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166 | (4) |
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2.2 Rabat plan of action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence |
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170 | (3) |
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2.3 Special Rapporteur on minority issues |
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173 | (2) |
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2.4 Other special procedures mandate holders |
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175 | (3) |
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3 Council of Europe recommendations |
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178 | (7) |
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3.1 Recommendation No. R (97) 20 on `hate speech' |
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178 | (3) |
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3.2 General Policy Recommendation No. 15 on combating hate speech |
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181 | (4) |
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4 European Union declarations |
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185 | (4) |
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4.1 The Code of Conduct on countering illegal hate speech online |
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186 | (1) |
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4.2 FRA opinions on tackling hate crime and hate speech |
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187 | (2) |
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5 Organization for Security and Co-operation in Europe documents |
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189 | (4) |
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5.1 Responses to hate crime |
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189 | (2) |
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5.2 Joint declarations on hate speech |
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191 | (2) |
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193 | (1) |
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194 | (3) |
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PART III The Czech and Slovak frameworks on hate speech regulation |
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197 | (94) |
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197 | (2) |
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7 Dawn of the post-communist hate speech regulation |
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199 | (37) |
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199 | (1) |
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2 The establishment of human rights protection and democratization |
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200 | (6) |
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3 The regulation of human rights in the Charter of Fundamental Rights and Basic Freedoms |
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206 | (11) |
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3.1 Freedom of expression |
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210 | (1) |
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3.2 Protection of minorities |
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211 | (6) |
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4 Slovak constitutional protection of fundamental rights and freedoms |
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217 | (17) |
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4.1 Freedom of expression |
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223 | (6) |
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4.2 Protection of minorities |
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229 | (5) |
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234 | (2) |
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8 Post-communist penal hate speech regulation |
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236 | (45) |
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236 | (1) |
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2 Origins of extremism as a framework for hate speech regulation |
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237 | (4) |
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3 Development of penal regulation of hate speech: 1961-2005/2010 |
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241 | (8) |
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3.1 Disbanding Slovak Togetherness (Slovenska Pospolitosf-Ndrodnd Strana) |
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244 | (2) |
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3.2 Disbanding the Czech Workers' Party (Delnickd strana) |
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246 | (3) |
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4 Extremism as a framework for hate speech regulation |
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249 | (13) |
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4.1 The 2005 Slovak Penal Code and its successive reforms |
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253 | (5) |
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4.2 The 2009 Czech Penal Code and its successive reforms |
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258 | (4) |
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5 Models of hate speech in post-communist countries |
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262 | (12) |
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5.1 Hate speech as incitement to violence |
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262 | (5) |
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5.2 Hate speech as incitement to discrimination |
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267 | (4) |
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5.3 Hate speech as incitement to hatred |
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271 | (3) |
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6 Combating hate speech in society: From prevention to alternatives of hate speech regulation |
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274 | (3) |
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277 | (1) |
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278 | (3) |
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281 | (10) |
| Selected Bibliography |
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291 | (25) |
| Index |
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316 | |