2016 Fiscal Year Final Research Report
A Constitutional Analysis of Civil Remedies for Hate Speech
| Project/Area Number |
26780015
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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 | Kyushu University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | ヘイトスピーチ |
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| Outline of Final Research Achievements |
There is much debate about hate speech regulations, especially criminal punishment. As another approach to pursue the legal liability of hate speaker, we can explore the possibility of the civil remedies. According to my research, it is meaningful that a hate speech victim can bring a civil action to confirm the court's judgement on whether the expressive conduct is illegal, without judgement of administrative agencies. On the other hand, the civil remedy approach has many limitations. This study also reveals that the concept of "hate speech" is very ambiguous and subsumes diverse types of speech.
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| Free Research Field |
憲法学
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