When words spawn hate: Limits to freedom of expression in the Spanish constitutional order

Authors

  • Germán M. Teruel Lozano

DOI:

https://doi.org/10.18042/cepc/redc114.01

Keywords:

Freedom of speech, hate speech, balancing, proportionality, harm principle.

Abstract

This paper aims to study the hate speech as a limit to freedom of speech in the Spanish constitutional order. First, this constitutional system will be identified as open and personalist, which asserts the harm principle so as to justify the limits to freedom of speech, excluding the advocacy of ideas as an offense. Second, the paper will analyze the shortcomings in constitutional jurisprudence in relation to hate speech. Third, it will propose abstract rules which define the limits to freedom of speech before hate speech. Finally, the paper will give a characterization of hate speech suitable to the constitutional framework.