(University of Oregon School of Law, 2013-02-26) Kahn, Robert A.
European hate speech laws rest in part on the idea that Europe’s past—in particular its Nazi past—creates a special situation, one that justifies restrictions on speech that would otherwise be incompatible with a liberal democracy. While this trend is most evident in laws that relate directly to the Nazi past (such as those banning denial or trivialization of the Holocaust) the issue is broader.