Il negazionismo nel diritto comparato: profili ricostruttivi

Abstract

The paper aims at providing an overview, in comparative perspective, of different cases where National courts have addressed the critical relationship between freedom of expression and hate speech striving to strike a balance between one of the most valuable fundamental rights and circulation of ideas that, under certain conditions, result in a therat to human dignity. Prominence is given to legal orders where criminal penalties have been enacted to outlaw genocide denial, also in the wake of international conventions, with the purpose of strengthening the protection of constitutional values such as honour and human dignity. Furthermore, the paper examines the said developments occurred in the European context with the libertarian theory if freedom of speech developed by U.S. courts and encapsulated in the metaphor of the ‘marketplace of ideas’.