Conflicting Conceptions of Hate Speech in the ECtHR’s Case Law

Abstract This article argues that the ECtHR uses two conflicting tests to assess same types of hate speech. results in legal uncertainty at best, and arbitrariness double standards worst. To remedy present situation, I propose a two-track strategy. begin with, Court should abandon its “bad tendency” approach, test prone abuse by governments silence political dissent under guise fighting speech, for set uniform criteria speech-restrictions, line with current incitement approach. In addition, however, compensate loss protection against severe forms vilification which do not meet incitement-criteria, formulate new category unprotected be defined as intentional intimidation or harassment.