The Rise of Hate Speech and Hate Crime Laws in Liberal Democracies

Since the 1960s, many liberal democracies have instituted laws that penalise hate speech and hate crimes in ways that limit the freedom for racists to express themselves. This article examines the legislation and enforcement of provisions against incitement to racial hatred, Holocaust denial, and crimes motivated by racial bias in Western Europe and the United States. Viewed over time, the pace of change has more closely resembled a slow creep than a slippery slope, and the extent of legislation and enforcement has differed across countries in different domains. This article documents the trend and highlights causes for concern, yet concludes that it is possible to enact and enforce laws that limit these forms of racism without being overly inimical to freedom of expression and opinion.