The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

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Thursday, April 25, 2013

The Volokh Conspiracy » U.N. Committee Says: This Speech Must Lead to a Criminal Prosecution of the Speaker

The German government decided not to prosecute the speaker based on this speech, but the U.N. Committee on the Elimination of Racial Discrimination has recently stated the contrary, TBB v. Germany (Feb. 26, 2013). Here’s the speech that, according to the Committee, must lead to a criminal prosecution in countries that have ratified the International Convention on the Elimination of All Forms of Racial Discrimination. (I am pleased to say that the U.S. has not recognized the competence of the Committee to enforce the Convention, though most European countries have; the U.S. has also ratified subject to a specific reservation in favor of the freedom of speech.)


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