Extreme Groups Propaganda War Under a Free Speech Lens: The Unwinnable Battle
This chapter examines the viability of free speech norms in the United States and Europe in cubing the surge of extreme speech online. It concludes that, in the United States, criminalizing pro-Jihad propaganda materials that “merely” advocate for the use of violence is likely to be deemed “unconstitutional”. The case law of the European Court on Human Rights, by contrast, permits advocacy for Sharia law and for the establishment of a caliphate, provided the speaker does not call for violence nor does he allude to individuals by names to be attacked. Glorifying Jihad or advocating for Sharia law to advance the interest of any group is strictly prohibited.