Offensive and Humiliating Speech

Abstract

This thesis deals with the conflicts that can come about when the freedom of religion and belief and the freedom of expression come into conflict with one another. Particularly in regards to offensive or critical speech put forth against religious groups. Using the concept of human dignity based on the work of Avashai Margalit in The Decent Society it will present a model to balancing conflicting rights using the idea of humiliation. The basic idea being that if humiliation is present in the offensive speech, that is causing a direct harm to the members of a religious group, then that goes against the spirit of human rights and is not permissible. The first chapter of this thesis will deal with freedom of religion and belief. The second will outline freedom of expression as well as examine how it comes into conflict with freedom of religion and belief in regards to offensive speech. The third chapter will examine Margalit’s work and present the humiliation model. The fourth and final chapter will use the humiliation model in the case of the Westboro Baptist church.