Different systems, similar challenges: humor and free speech in the United States and Europe

Abstract The United States and Europe are often contrasted with each other regarding their approach to freedom of expression. Yet, despite the differences between respective judicial systems, courts from both regions inevitably face similar interpretive challenges when dealing humor. Our paper conducts a comparative discussion humor-related jurisprudence US Europe, mostly (but not exclusively) focusing on two landmark cases – namely Hustler v. Falwell (US Supreme Court, 1988) Vereinigung Bildender Künstler Austria (European Court Human Rights, 2007). In particular, our analysis foregrounds aspects: 1) How deal complex relations humor, exaggeration factual reality; 2) role objective harm (as opposed subjective offence) in distinguishing lawful unlawful expression, how subjectivity humor interpretation can undermine this criterion. On levels, we argue that insights literary linguistic theories Simpson’s work satirical discourse Attardo Raskin’s General Theory Verbal Humor set basis for more fine-grained systematic across different systems.