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Behind the cloak of religion, can 'hate speech' be protected speech? / Karla Marie T. Tumulak.

By: Tumulak, Karla Marie TMaterial type: Text

TextPublisher: Cebu City : University of Cebu, 2016Description: vii, 198 leavesContent type: text Media type: unmediated Carrier type: volume

Contents:

Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature and studies theoretical framework, and conceptual framework -- Chapter III: Results and discussions -- Chapter IV: Summary of findings, conclusion, and recommendations -- References -- Appendices -- Curriculum Vitae.

Summary: Summary : The principle of primacy of free speech and religious liberty is reflected in the many decisions of the Philippine Supreme Court intended to guard these fundamental liberties within the bounds of permissible Constitutional limits. The study's main problem concerns on whether or not hate speech premised on religious beliefs is considered a protected expression under the Free Speech and Free Exercise clauses of the Constitution. In approaching the issue concerned, the study utilized a qualitative comparative approach and the Habermasian Critical Discourse method to unpack the seemingly conflicting discourses and schools of thought that permeate the issue on hate speech. The findings of the study show that the limitations on the exercise of both rights as laid down in statutes and jurisprudence have been carefully and strictly carved out to ensure that free speech and religious liberty are secured under utmost possible measures. This study follows an understanding of the hate speech dilemma through a paradigm that views hate speech as an assault on the dignity of the individual or group that it targets. In this regard, the ongoing libertarian-egalitarian debate provided the necessary legal and philosophical frameworks. A critical discourse analysis of the issue shows that there are inadequacies in using an originalist-libertarian approach towards hate speech especially on its lack of emphasis on the harmful effects of hate speech. Hence, this study proposes an alternative 'balancing' test grounded on a rights-based approach which synthesizes a workable solution on striking a balance between securing the liberties to free speech and religious expression while protecting affected communities from hate speech.

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Thesis	Reserved (Law)	T T83be 2016 (Browse shelf)	Not for loan		3UCBLL000008025

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Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.

Includes bibliographical references (leaves 184-194).

Summary : The principle of primacy of free speech and religious liberty is reflected in the many decisions of the Philippine Supreme Court intended to guard these fundamental liberties within the bounds of permissible Constitutional limits. The study's main problem concerns on whether or not hate speech premised on religious beliefs is considered a protected expression under the Free Speech and Free Exercise clauses of the Constitution. In approaching the issue concerned, the study utilized a qualitative comparative approach and the Habermasian Critical Discourse method to unpack the seemingly conflicting discourses and schools of thought that permeate the issue on hate speech.

The findings of the study show that the limitations on the exercise of both rights as laid down in statutes and jurisprudence have been carefully and strictly carved out to ensure that free speech and religious liberty are secured under utmost possible measures. This study follows an understanding of the hate speech dilemma through a paradigm that views hate speech as an assault on the dignity of the individual or group that it targets. In this regard, the ongoing libertarian-egalitarian debate provided the necessary legal and philosophical frameworks. A critical discourse analysis of the issue shows that there are inadequacies in using an originalist-libertarian approach towards hate speech especially on its lack of emphasis on the harmful effects of hate speech. Hence, this study proposes an alternative 'balancing' test grounded on a rights-based approach which synthesizes a workable solution on striking a balance between securing the liberties to free speech and religious expression while protecting affected communities from hate speech.

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