TY - JOUR
T1 - Irreligious Cartoons and Freedom of Expression: A Critical Reassessment
AU - Lemmens, Koen
PY - 2018/3/1
Y1 - 2018/3/1
N2 - In a recent article, Neville Cox argued that there is no right under international human rights law to publish 'irreligious' cartoons. Secondly, he questioned the very idea of such a right. Finally, he argued that, given the fact that there is no international right to publish irreligious cartoons and that the message spread by the cartoons was akin to hate speech, the 'real' reason for the international solidarity with Charlie Hebdo may have been 'Islamophobia'. In this article, I will argue that Cox may be right in holding that there is no international right to 'irreligious speech', but I will question his reasoning. Secondly, I will argue that, under robust free speech theory, arguments in favour of suppressing anti-religious speech are highly questionable. Finally, and irrespective of the two previous points, I will argue that Cox's conclusion is mere speculation, and there are no compelling arguments for adhering to it.
AB - In a recent article, Neville Cox argued that there is no right under international human rights law to publish 'irreligious' cartoons. Secondly, he questioned the very idea of such a right. Finally, he argued that, given the fact that there is no international right to publish irreligious cartoons and that the message spread by the cartoons was akin to hate speech, the 'real' reason for the international solidarity with Charlie Hebdo may have been 'Islamophobia'. In this article, I will argue that Cox may be right in holding that there is no international right to 'irreligious speech', but I will question his reasoning. Secondly, I will argue that, under robust free speech theory, arguments in favour of suppressing anti-religious speech are highly questionable. Finally, and irrespective of the two previous points, I will argue that Cox's conclusion is mere speculation, and there are no compelling arguments for adhering to it.
KW - Blasphemy
KW - Charlie hebdo
KW - Defamation of religions
KW - Freedom of expression
KW - Freedom of religion
KW - Irreligious cartoons
UR - http://www.scopus.com/inward/record.url?scp=85044677400&partnerID=8YFLogxK
U2 - 10.1093/hrlr/ngy001
DO - 10.1093/hrlr/ngy001
M3 - Article
SN - 1461-7781
VL - 18
SP - 89
EP - 109
JO - Human Rights Law Review
JF - Human Rights Law Review
IS - 1
ER -