Effectiveness and Constitutionality of Injunctions against Hate Speech Demonstration

KAKEN

About This Project

Japan Grant Number
JP18K12630 (JGN)
Funding Program
Grants-in-Aid for Scientific Research
Funding Organization
Japan Society for the Promotion of Science

Kakenhi Information

Project/Area Number
18K12630
Research Category
Grant-in-Aid for Early-Career Scientists
Allocation Type
  • Multi-year Fund
Review Section / Research Field
  • Basic Section 05020:Public law-related
Research Institution
  • Kyushu University
Project Period (FY)
2018-04-01 〜 2022-03-31
Project Status
Completed
Budget Amount*help
2,600,000 Yen (Direct Cost: 2,000,000 Yen Indirect Cost: 600,000 Yen)

Research Abstract

Injunctive relief is attracting attention as a legal approach against hate speech. Examples of advantage of the injunctive relief include that it is more likely that future damage will be prevented, and that the victim can ask a court to assess the hate speech at their own initiative. Judicial injunctions have been regarded as typical of prior restraint on expression, but so far the relationship between enjoining a hate speech demonstration and the prior restraint doctrine had not been closely analyzed and examined. This study revealed that whether or not the court has judged that the past similar acts of the respondent are illegal prior to the injunctive order is an important factor.

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