Book contents
- Hate Speech in Japan
- Hate Speech in Japan
- Copyright page
- Contents
- Tables
- Figures
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Part I Outline
- 1 Hate Speech Regulation and Anti-discrimination in Japan
- 2 Freedom of Expression in Japan
- 3 Hate Speech and International Law
- Part II History
- Part III Legal Framework
- Part IV Cases
- Part V Multidisciplinary Debates
- Part VI Current Issues
- Book part
- Index
2 - Freedom of Expression in Japan
The Constitutional Framework of Protection
from Part I - Outline
Published online by Cambridge University Press: 15 January 2021
- Hate Speech in Japan
- Hate Speech in Japan
- Copyright page
- Contents
- Tables
- Figures
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Part I Outline
- 1 Hate Speech Regulation and Anti-discrimination in Japan
- 2 Freedom of Expression in Japan
- 3 Hate Speech and International Law
- Part II History
- Part III Legal Framework
- Part IV Cases
- Part V Multidisciplinary Debates
- Part VI Current Issues
- Book part
- Index
Summary
The Constitution of Japan, enacted in 1946, protects freedom of expression in its article 21. If the legislature were to enact a ban on hate speech, then the constitutionality of that ban would become a critical issue. In light of the jurisprudence relating to freedom of expression established by the Supreme Court of Japan, it is highly likely that the Supreme Court would uphold the constitutionality of any such ban. However, constitutional academics have constructed an alternative freedom of expression jurisprudence mainly following that of the Supreme Court of United States. Under this alternative jurisprudence, it becomes much more difficult to uphold the constitutionality of any such ban, and this chapter considers whether and how such ban might be justified in Japan.
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- Hate Speech in JapanThe Possibility of a Non-Regulatory Approach, pp. 35 - 57Publisher: Cambridge University PressPrint publication year: 2021
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