2013 Fiscal Year Final Research Report
A Comparative Constitutional Analysis of Hate Speech Regulation
| Project/Area Number |
23730020
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Shizuoka University |
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Principal Investigator |
KOTANI Junko 静岡大学, 人文社会科学部, 教授 (40359972)
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| Project Period (FY) |
2011 – 2013
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| Keywords | 憲法 / アメリカ憲法 / カナダ憲法 / 比較憲法 / 表現の自由 / ヘイト・スピーチ / 憎悪表現 |
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| Research Abstract |
I analyzed the controversies over the constitutionality of hate speech regulation in the United States and Canada in order to determine which segments of the legal theories in these countries could be applied in Japan. Through this research I discovered that regulating group defamation would conflict with freedom of speech in the United States. I also analyzed the legal arguments made by the Justices to form the opinion of the Court in R. A. V. v. City of St. Paul, 505 U.S. 377 (1992). I analyzed the movement in the Canadian Parliament which led to abolishing the hate speech provision in the Canadian Human Rights Act. I have concluded that there is much we could learn from the case laws and legal theories of the two countries which uphold the concept of freedom of speech.
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