7 - Denialist Speech

Summary

Chapter 7 argues that denialist speech can, and should, be classified as a sui generis form of hate speech in the legal sense of the term. Section 7.2 looks at the many faces of denialist speech, including forms of synchronous denialism that are often overlooked in these debates. Sections 7.3 and 7.4 address the thorny problem of classification and attempt to explain why it matters. In Sections 7.5 and 7.6 we turn to examine in more detail the spread of denialism laws at the domestic level and try to uncover the many different functions or purposes served by such laws. Finally, in Section 7.7 we address two sceptical challenges to our main thesis. First, if denialist speech is rightly classifiable as hate speech, then why were denialism provisions absent from the early landmark international laws dealing with incitement to genocide and hate speech in general? And second, if denialist speech can be considered hate speech despite its absence from landmark international laws, then what about other things, such as defamation of religion, and what prevents our characterisation of hate speech in the legal sense from becoming absurdly capacious?