How did the judiciary of the Netherlands solve the conflict between freedom of expression and discriminatory hate speech in the second wilders case?
Introduction
The right to freedom of speech is a fundamental human right protected by treaties of several global and European institutions. In a democracy it might be necessary to avoid certain forms of speech that offend or promote hatred against others based on intolerance. The right to freedom of expression is considered essential for politicians and specifically for opposition politicians.
The two Wilders cases display the conflict that can arise between freedom of speech and between the protection of a group of people from discriminatory hate speech.
This paper will analyse how the judiciary of the Netherlands solved the conflict between freedom of expression and between
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This was because he asked the crowd whether they wanted more or fewer Moroccans in their city and in the Netherlands, on which the crowd shouted fewer fewer multiple times. Which wilders promised to fulfil by saying ‘’we’ll arrange that’’.
The public prosecutor prosecuted wilders afterwards for damaging the reputation of a group of people based on race and for inciting hatred and discrimination. The prosecutor said that it believes freedom of speech should not limit a politician in saying what they want but that this freedom has limitations when it comes to discrimination and hatred. The Court based their decisions on the witnesses’ statements that the remarks at the post-election meeting had been made after considerable thought and that the public was told to chant and that the main aim was for the questions and the chanting to be covered in the media and in the