ABSTRACT

This chapter shows how certain principled arguments are more naturally suited to some clusters of laws/regulations/codes than others. It began by investigating what liberals who take culture seriously might say on behalf of the right to free expression and how this relates to arguments about hate speech law. The arguments turns on the importance of cultural diversity as a public good that is important for choice between cultures or choice embedded within culture. The chapter suggests that cross burning statutes and Holocaust denial legislation may in fact undermine the diversity and richness of cultural communities. It considers the advocates of the politics of recognition on behalf of hate speech law. Given that misrecognition is a multifaceted phenomenon, it turned out that these sorts of arguments support an array of hate speech law: from laws/regulations/codes that disallow the public expression of hatred through to Holocaust denial legislation. It considers the perspectives of multiculturalism and interculturalism on the issue of hate speech.