Blasphemy and Freedom of Expression Comparative, Theoretical and Historical Reflections after the Charlie Hebdo Massacre

The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these laws in the twenty-first century. Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states. Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well-balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion, and comparative politics.

Foreword Eric Barendt; Introduction András Koltay and Jeroen Temperman; Part I. The Case of Charlie Hebdo: 1. Blasphemy in French law: from the Chevalier de la Barre to Charlie Hebdo Guilhem Gil; 2. Blasphemy and defamation of religion following Charlie Hebdo Neville Cox; Part II. The Right to Blashpheme: 3. Blasphemy, the public sphere and democratic self-government Ian Cram; 4. The right to blaspheme Mark Hill QC and Russell Sandberg; Part III. On Western Legal Discourse against Blasphemy Laws: 5. Blasphemy, freedom of expression and the protection of religious sensibilities in twenty-first-century Europe Peter Cumper; 6. Rethinking blasphemy and anti-blasphemy laws Robert Kahn; 7. Blasphemy, defamation of religion and religious hate speech: is there a difference that makes a difference? John Knechtle; 8. The freedom and restriction of blasphemy: theoretical perspectives András Koltay; Part IV. European Court of Human Rights and Blasphemy: 9. At the deep end of the pool: religious offence, debate-speech and the margin of appreciation before the European Court of Human Rights Tom Lewis; 10. 'Mother of God, drive Putin away': on blasphemy and activist art in the jurisprudence of the European Court of Human Rights Jeroen Temperman; Part V. Active Blasphemy/Religious Defamation Laws: 11. Religious insult and blasphemy in contemporary Finland Tuomas Äystö; 12. The blasphemy offence in the Italian legal system Cristiana Cianitto; 13. Legal protection of religion in Germany Matthias Cornils; 14. God's advocates: the multiple fronts of the war on blasphemy in Greece Effie Fokas; 15. Blasphemy law in Poland Joanna Kulesza and Jan Kulesza; Part VI. Dormant Blasphemy Laws: 16. The blasphemy ban in Denmark Lars Grassmé Binderup and Eva Maria Lassen; 17. A draft obituary for the offence of blasphemy in Ireland Tarlach McGonagle; 18. Religion and hate speech in Canada: the difficulty in separating attacks on beliefs from attacks on believers Richard Moon; 19. Blasphemy in Australia: the rags and remnants of persecution? Helen Pringle; 20. Blasphemy prohibitions and prosecutions: a US perspective Russell Weaver; Part VII. Recently Abrogated Blasphemy Laws: 21. Giving up the ghost: on the decline and fall of Norwegian anti-blasphemy legislation Helge Årsheim; 22. The theory and practice of blasphemy in the common law: slaying the seven-headed beast Ivan Hare; 23. Freedom of expression, blasphemy and religious hatred: a view from the UK Erica Howard; 24. The rise and fall of the offence of blasphemy in the Netherlands Esther Janssen; Part VIII. The Future of Blasphemy Laws?: 25. Freedom of expression and religions, the United Nations, and the '16/18 process' Marc Limon, Nazila Ghanea and Hilary Power; 26. Blasphemy, religious rights and harassment: a workplace study Andrew Hambler; 27. Towards an understanding of accelerants and decelerants: a non-juriscentric approach to offensive or hateful speech concerning religion Brett Scharffs.

This book compares blasphemy laws between Western liberal democracies and discusses the legitimacy of these laws in the twenty-first century. It will appeal to a broad range of scholars interested in the freedom of expression and religion from a variety of perspectives, including regional human rights law and legal theory.

Jeroen Temperman is Professor of Public International Law and Religion, and Deputy Head of the Department of International and European Union Law at Erasmus School of Law, Erasmus Universiteit Rotterdam.
András Koltay is Associate Professor at Pázmány Péter Catholic University Faculty of Law in Budapest, Hungary.