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Freedom of Expression in the Czech Republic
Hrbáčková, Kateřina ; Kindlová, Miluše (advisor) ; Jirásková, Věra (referee)
Freedom of Expression in the Czech Republic This master thesis deals with freedom of expression in the Czech Republic while focusing on the issues of hate speech. It is not only Czech legal code this thesis takes into consideration, because there is an inspiration coming from foreign decisions as well. The thesis is divided into five chapters. The first chapter explains the term "freedom of expression": it deals with the terminology of "right" and "freedom", categorizes it into the hierarchy of other rights and elaborates the aspects in which freedom of expression is included. This chapter also deals with the arguments supporting freedom of expression. The second chapter describes how freedom of expression is regulated in the Czech legal code. It briefly summarises the evolution, then it deals with individual legal acts: Charter of Fundamental Rights and Freedoms and the international conventions (The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms). An idea is also put forward: Does restricting freedom of expression imply the restriction of freedom of thought? The third chapter deals with the restrictions, with the relation between Charter of Fundamental Rights and Freedoms and the...
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Comparison of nongovernmental organisations' activities in the field of fight against hate speech in the Czech Republic and in Hungary
Dundáčková, Tereza ; Vymětal, Petr (advisor) ; Müller, Karel (referee)
The aim of this master thesis is to compare the activities of nongovernmental organisations working with the topic of hate speech in the Czech Republic and in Hungary in relation to the target group. In the thesis, three questions have been answered according to the results of the analysis done in the master thesis: Are the nongovernmental organisations in the Czech Republic and in Hungary working with the same kinds of hate speech in their project activities? Are the nongovernmental organisations in the Czech Republic and in Hungary focused on the same target group in their activities? Are the nongovernmental organisations in the Czech Republic and in Hungary active in the same environments during the project realisation? The methods that have been used in the thesis are description and comparative analysis.
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Hate speech throughout the continents
Fleček, Robin ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
1 Abstract Thesis title: Hate speech throughout the continents The aim of this thesis is to shed light on standings and rulings of the United States Supreme Court and the European Court of Human rights in hate speech cases. It defines the term "hate speech" and presents grounds used for its restrictions when it comes to freedom of expression. Through introducing established principles that govern the decision-making of both courts and analysing them in key judgments on both continents, the author is trying to determine possible alterations that may lead to enhancing the protection given by hate speech case-law. The author also analyses historical and social impact on the case-law of both the Supreme Court and the ECHR and finds that this influence has led to establishment of crucial principles without which the hate speech cases could hardly be decided today. Both historical and social factors lead the author to the conclusion that the protection against hate speech could still use a tune-up. In author's point of view, the Supreme Court should ease the grip on the First Amendment and give the "true threats" principle, established in Virginia v. Black, leave to prohibit not only intimidating expressions but harmful expressions as well - both physical and mental. The Supreme Court should also strengthen the...
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The comparison of the approaches of the European Court for Human Rights and the Supreme Court of the USA to some aspects of the freedom of expresion
Urban, Jan ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
65 IX. Summary This diploma thesis titled "The comparison of the approaches of the European Court for Human Rights and the Supreme Court of the USA to some aspects of the freedom of expression" is focused mainly on comparison of both mentioned approaches to hate speech. After the opening chapter that set goals of this thesis and explains topicality of the topic and the reasons why I have chosen the topic, in second chapter the concern is focused mainly on a general introduction, historical outcome to the freedom of expression and its importance in Europe and in the USA. In the overview of European historical outcome the chapter is concerned with the thinkers as John Milton and John Stuart Mill among the others. In the historical outcome of the USA I put my interest mainly to the outcome before enacting the First amendment of the Constitution of the USA. In third chapter, that is fully concerned with analysis of the contemporary approach of both courts to hate speech, firstly I provide general analysis of the approach of ECHR that is linked to the specific analysis of the particular decisions of the ECHR. I proceed in the same way in case of the USA, where I am describing the general principles that makes grounds for the freedom of expression and in the next part I focus to the particular decisions that are...
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Comparison of U.S. and Mexican approach to freedom of speech
Drhlíková, Eva ; Kozák, Kryštof (advisor) ; Raková, Svatava (referee)
Freedom of expression is a fundamental human right which is important not only for the intellectual integrity of an individual but also for the healthy development of the whole society. The work represents both general arguments for freedom of expression and codification of freedom in two different legal cultures. In the United States the freedom of expression is protected by the First Amendment of the Constitution, which complements the rich jurisprudence of the Supreme Court of the United States. In Mexico, the right is regulated in Article 6 of the Constitution. The work shows how both countries reached the current legislation on the basis of examination of legal developments and cultural values. The values of the societies are presented on the basis of Hofstede's cultural dimensions. The core of the thesis is to compare the legal limits, which is made primarily on the basis of judicial practice of the Supreme Courts of both countries. Emphasis is placed on four main areas which are related to freedom of speech: (i) fighting words including hate speech, (ii) symbolic speech, (iii) obscenity, and (iv) defamation. In addition to the legal limits the work interprets also the most significant actual limits in both countries. Finally, the author examines the relationship between freedom of expression and...
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Hate speech in the Czech legal theory and media practice
Moravová, Veronika ; Křeček, Jan (advisor) ; Štechová, Markéta (referee)
This bachelor thesis deals with the topic of "hate speech" in relation to the freedom of expression. In the first part, I went into the legislation on freedom of expression and hate speech in our legal system. I devoted a considerable part to international treaties concerning this issue that, according to the Constitution, are a part of our laws and base of the national legislation to a great extent. There are two different approaches to the freedom of expression - the American and European one. The first one is close to the absolute concept of freedom of speech that also covers the hate speech. The second one excludes the hate speech from its protection. The most typical representatives of these two approaches are the U.S. and Germany so I have also paid attention to the legislation of the two countries. As this topic is extremely wide, I chose for the practical part a few cases that are somehow boundary. With the aid of these extremes, I tried to define the limits of freedom of speech. In the next two subsections, I tried to reflect two controversial lawsuits medially, i.e. the Mein Kampf edition and the visit of David Duke in pages of the Lidové noviny, Právo and MF Dnes. The next subsection is devoted to the Internet, beyond the territory of states, so, logically, there is a collision between...
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