Freedom of Religion and Freedom of Expression: Religiously Offensive Speech and International Human Rights

May the state prohibit speech that deeply offends religious sensibilities This issue has recently been a matter of intense controversy in both the Islamic and Western word. Much of the discussion, on both sides, has been inflammatory and deeply unhelpful, even counterproductive. This paper seeks to advance the discussion by analyzing and defending the approach suggested by international human rights law. Although international human rights law is explicitly silent on the question of speech that is intended to be or is perceived as hostile to a religion, there is a clear bady of law dealing with speech that fosters racial discrimination that can be used as a model. On this basis, prohibibing speech that provokes or incites religious discrimination, religious haterd, or religious violence is clearly within the bounds of international human rights law. prohibiting speech because that speech is offensive to adherents of a religion is not.