‘Irreligious’ Cartoons and Freedom of Expression: A Critical Reassessment

Abstract

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.