The Hiroshima Law Journal Volume 43 Issue 1
2019-06-25 発行

政党関係者(partisan)によるヘイト・スピーチと表現の自由 : Matteo Bonotti の議論を参考にして

Partisan Hate Speech and Freedom of Speech: Drawing on Matteo Bonotti’s Argument
Yamamura, Toshihide
The debate on hate speech regulation in Japan tends to subdivide the context of hate speech. Constitutional Law Scholar Yuji Nasu categorized such discussion into (a)content, (b)subject. (c)medium, (d)mode of expression, (e)measures to regulate, (f) place.
According to this categorization, this Article considers a discussion about categorization of (b)subject. Especially, this Article focuses on Political Theorist Matteo Bonotti’s argument. His major concern is the place of political parties in political theory, not hate speech regulation. However, his argument on hate speech regulation mainly focuses on hate speech by elected partisans (that is, citizens who participate in politics through political parties) and partisans running for office.
By examining his argument, this Article aims to obtain the hint for the debate on hate speech regulation in Japan. His argument shows that we need to take into account special commitment and constraint of partisan speech, when considering partisan hate speech.