
Contents
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21.1 Introducing Walter Chaplinsky 21.1 Introducing Walter Chaplinsky
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21.2 Anatomy of an Insult 21.2 Anatomy of an Insult
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21.2.1 Paradigm Based on the White Male Point of View 21.2.1 Paradigm Based on the White Male Point of View
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21.2.2 Fighting Back 21.2.2 Fighting Back
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21.3 The Sole Intent of the Offensive Statement Is to Insult 21.3 The Sole Intent of the Offensive Statement Is to Insult
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21.3.1 Insulting to Particular Individuals 21.3.1 Insulting to Particular Individuals
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21.3.2 Chaplinsky Goes to Strasbourg? 21.3.2 Chaplinsky Goes to Strasbourg?
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21.4 Uninhibited, Robust, and Wide-Open 21.4 Uninhibited, Robust, and Wide-Open
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21.4.1 Vehement, Caustic, and Sometimes Unpleasantly Sharp Attacks 21.4.1 Vehement, Caustic, and Sometimes Unpleasantly Sharp Attacks
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21.4.2 Insult of Public Officials and Its Relation to Self-Government 21.4.2 Insult of Public Officials and Its Relation to Self-Government
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21.4.3 Public Officials, Politicians, and Public Figures 21.4.3 Public Officials, Politicians, and Public Figures
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21.4.4 Public Watchdogs, Public Concern, and Precluded Replies 21.4.4 Public Watchdogs, Public Concern, and Precluded Replies
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21.5 Between Criticism and Insult 21.5 Between Criticism and Insult
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21 Insult of Public Officials
Get accessProfessor, Institute of Public Law and Political Science, University of Graz, Graz, Austria
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Published:10 February 2021
Cite
Abstract
This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.
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